HEATTORNEY GENERAL, 

TEXAS 

Mr. Wallace W. Shropshire Opinion No. c-136 

County Attorney 

Travis County Re: Whether the term "batch 

Austin, Texas cement" in a specialized 

motor carrier's certlfiDear Sir: cate includes "cement". 

In a letter dated July 29, 1963, you requested an opinion 

of this office,on the following question: 

,"Can a specialized motor carrier whose certificate of convenience and necessity, Issued to 

such carrier by,the Rallroad Commission of',Texas, 

contains the commodity description 'batch cement,.' 

transport under such certificate the commodity 

'cement'?" 

In your brief you referred to an "exhibit D" and argued 

that the absence of the term "batch cement" In that exhibit Is 

Indicative of the fact that the intention of the applicant should 

control. However, in your oplnlon request you nowhere refer to 

any particular certificate Issued by the Railroad Commission nor 

do you refer to any particular grant of authority under an order 

or certificate of the Railroad Commission. As wee interpret the 

question, this department Is merely asked to determine whether 

the term "batch cement" as contained In any certificate or authority or order of the Railroad Commission grants authority to 

the holder to transport "cement" for hire. Therefore, the 

language of this oRlnlon refers to the general meaning of the 

term "batch cement and Is not limited to the Interpretation of 

any particular certificate or authority or order of the Railroad 

Commission. 

Articles 10 and 11 of Vernon's Clvll Statutes contain 

general rules relative to the construction of laws. Article 10 

contains the following pertinent language: 

"The following rules shall govern In the construction of all civil statutory enactments: 

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Mr. Wallace W. Shropshlre, page 2 (c-136 ) 

"1 . The ordinary signification shall be 

applied, except words of art or words connected 

with a particular trade or subject matter, when 

they shall have the signification attached to 

them by experts in such art or trade, with reference to such subject matter." 

We first address ourselves to the question as to whether 

the rules of construction set out by the legislature to govern in 

the interpretation of statutes should also be used as an aid in 

determining the meaning of words In orders and certificates issued 

by the Railroad Commission. Our Supreme Court, In Trapp v. Shell 

.$!&gggp 145 Tex.' 323, 198 S.W.2d ,424 (1946), so held. The 

"A rule or order of the Railroad Commission 

made in vl,rtue of a statute,whlch duly authorized 

It should be consldere,d under the same principles 

as if It were the act of the legislature, for In 

such case the Railroad Commission Is an agency of 

the legislature. . . .' 

Inasmuch as the terms under consideration, "batch cement" and 

"cement" are words employed by the cement Industry we will determine whether the words have a "s,ignlflcatlon" attached to them by 

experts in such trade. 

The trade association connected with the use of construction concrete is known as the Portland Cement Assoclatlon and 

represents a majority of the manufacturers of construction cement. 

Its principle office Is In Chicago but it maintains an office In 

Austin, Texas. Portland Cement is the type of cement used In 

manufacturing construction concrete and Is not the name ~of any 

particular company. This office is Informed by this authority 

that the term 'batch cement" has a particular meaning In the trade. 

It appears that in some Instances cement Is mlxed with sand, gravel, 

or crushed rock at what is termed batching plants. This mixing is 

done In accordance with specifications drawn by the engineers 

covering the particular job. This batched cement is then transported to the job site where it Is mixed with water. This "batched cement' is transported from the batching factory to the job 

site In "batch trucks'. It, therefore, seems apparent to this 

office that the term "batch cement" has a signification attached 

to it by experts In the trade namely that "batch cement" means a 

mixture of cement, sand, gravel or crushed rock. 

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Mr. Wallace W. Shropshlre, page 3 (c-136 ) 

cement' 

This office also considers the fact that the term "batch 

as used In the order of the Commission Instead of the term 

"cement"slgnificant in Itself. Another rule of construction Is 

that every word used In an enactment is considered to have a meaning . The Railroad Commission, therefore, when they use the words 

"batch cement" must have considered It something different and apart from 'cement". 

SUMMARY 

The term "batch cement" included In an order of 

the Railroad Commission of the State of Texas authorizing the issuance of a speclallzed,motor carrlerrs certificate refers to an aggregate composed of 

cement, sand, gravel or crushed rock. 

Very truly yours, 

NVS:aj:br 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Howard M. Fender 

James Strock 

APPROVED FOR THR ATTORNEY GENERAL 

By: Stanton Stone 

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