CD EXAS 

October 9, 1953 

Eon. Bryan Bell, Director 

Motor Transportation Division 

Railroad Commission 

Tribune Building 

Austin, Texas Opinion No. S-104 

Re: Authority of a specialized 

motor carrier, licensed to 

transport oil field equlpment, to carry certain 

enumerated coauuodlties 

used in the maintenance 

Dear Sir: of oil refineries. 

You have requested the opinion of this office as 

to whether specialized motor carriers having authority to 

transport oil field equipment under their certificates may 

carry hydrated lime and sand in bags to be used in the malntenance of oil refineries. 

In 1941, Article glib, Vernon's Civil Statutes, 

was amended so as to add a technical statutory definition 

of the term "oil field equipment", which specialized motor 

carriers were authorized to transport, and that definition 

reads as follows: 

"Section 1 (I) For the purpose of this 

Act, the term '011 field equipment' means and 

Includes machinery, materials, and equipment 

Incidental to or used in the constructlbn,' 

operation, and maintenance of facilities which 

are used for the discovery, production, and 

processing of natural gas and petroleum, and 

such machinery, materials, and equipment when 

used in the construction and maintenance of 

pipe lines." 

Your inquiry can be resolved by determining whether 

hydrated lime and sand in bags comes within the definition of 

'materials", as the maintenance of a refinery is unquestionably 

-c within the comprehension of the "processing of natural gas and 

petroleum." 
Hon. Bryan Bell, page 2 (S-104) 

Webster's Iiew International Dictionary defines 

"material" as, 

"the substance or substances, or the parts, 

gooda, stock, or.the like, of which anything Is 

composed or may be made; . . ." 

IJo cases have otherwise defined 'materials" as used 

in the foregoing statute, and within the definition set. out 

above and certainly as accepted In the petroleum Industry, 

we hold that hydrated lime and sand are "materl&ls" within 

the comprehension of the statutory definition of "oil field 

equipment." 

However, such "materials" 

of such statute, must be "lncident~l 

under the clear provisions 

to or used in the construction, operation, and maintenance" of such refineries. 

Sand, we suppose, might normally have some appropriate use in 

some filter function of a refinery, and hydrated lime is normally used in treating water for cooling towers, btit the "use" 

of the commodities that is actually intended is a fact quebtion 

to be resolved by the Railroad Commlss1oi-1. The neceselty for 

transporting the sand In bags, Instead of in bulk, also requires 

the judgment of the Commission on a fact issue. 

Sand and hydrated lime are "materials" wlthin the definition of "011 field equlbment", and 

are authorized to be transported by specialized 

motor carriers under Art. glib, V.C.S., If their 

carriage is Incidental to or used In the construction, operation or maintenance of an 011 

refinery. 

APPROVED: 

Willis E. Gresham 

Reviewer 

Robert S. Trottl 

First Assistant 

John Ben Shepperd 

Attorney General 

Yours very truly, 

JOHN BEN SHEPPRRD 

Attorney General