n-862 

PRICE DANIEL 

ATTORNEY GENERAL 

Hon. Ernest 0. Thcimpsoa, Chalmau 

Railroad Commlsslon of Texas 

AuntIn, Texas Opinion lo. v-426 

Re: Construction o? 

11. B. z-98, Chap. 

257, Acts of 50th 

Leg., Re 

$' 

SelJsloa, 19 7, as 

applied to certain 

interstste motor 

vehlole carrlerm. 

Dear sir: 

Your request ior ma OQiUiOl3 la oonnectlon 

with H. B. eg8, Chl3pter 2. 

97 

Act. or the 50th Legleleture, Reguler Se88loa, 1 7: prerents five separate 

questIons. For alarlty we wfll reatete the questions 

separately and lmedlatelj following each restatement 

ve will give our amwer. 

“1. Does reaiproolty (Vmaer 8. B. 

298) depend upon the state of reglrtratlon ot truoke operated br l foreign motor carrier where the truoka are reglstered in a state other tbm the domicile 

Of 8UOb fOr*bigTi 8OtOr OWZ~W. Or dOOS it 

depeud upon the atate of domicile of the 

foreign motor carrier? As an example, a 

ioreiga motor carrier whoee domlclle Ia 

la the State o? Illtw%a operate8 truoks 

Into Texas vbloh are re~etered la Loulirlaw, oklahow, n*v Toe, wd otbr rtatw. 

There ia DO MOlpro0ltf agreawnt b&VW8 

Texas and Illinol8 at the preroat tfw and 

there am rwipooal l g r ewmntb em tweeTen xa #, Lo ul8lma , Bklahcma, l d other etatee. 

The QroblW Qmrellted 18 whether or 8ot tb, 

rrald forelga motor oarrler domlalled In Illlnols 18 required to pay plate and tax fee8 

to the Railroad Commlssloa on the truoks 

that are registered Ii Loulelana, Oklahoma, 
Bon. Ernest 0. Thompson - Page 2 v-426 ,.L 

or other states which have reciprocal agreements with Texas.” 

In 194 

The 50th Legislature at its Regular Session 

1 

enacted H. Be 298, Chapter 257, emending ChapAots of the blat Legislature Regular 3eaalon, 

?&31a& subsequently amended (Artlcli 911b V C 3 ) 

by a&ding a new section to be known as Section’l6ahj ’ 

vhlch reads as Sollowa: 

“18a * Reolproclty. Motor carriers of 

property for hire realdinu or domiciled outside of the State of Texas, who have authority from the Interstate Cmeroe Commlaalon 

to transport property for hire to, from or 

between points In Texas, and whose oneratlona 

in this State are llmlted to the tranauortatlon of prowrtr for hire la interstate or 

Soreign commerce only under such authority, 

shall not be reaulred to pay the aveclal Sees 

provided for in Sections 7. 17(a). 18 and aukparanrephs CR) and (hl of Section 5aCal of 

this Act; provided, however, &his exemntlog 

Srola the payment OS said Seea shell not aDuly 

unless the States In which such foreign motor 

carriers reside or are donlolled shell llkevise extend to motor carriers residing or daalolled In Texas exemption from the peyment .oS 

the same or almllar Sees or expenses In their 

zwapeotlve States; such exemptions from the 

payment of suoh Seea In Texas shall be effeotlve when the governmental agency or the authorized representative thereof of such Sorelgn States having jurladlotlon over the operations of motor carriers Sor hire ahall oertlry In writing to the Railroad Commlaalon OS 

Texas that the exemption from the payment of 

auoh Sees and expenses by such Texas oarrlera 

hs;e;en granted,,and la In full Soree and 

exem&on 

provided. Surther. however, that this 

ahall not apnlo to the wsplent OS 

Slllna Seea for a~~llcatlona Sor oertlSioatea 

or Dewits to ovarate in this State. 

"Aonrealdent motor CaPPIers coming wlthIn the exemptions herein provided for shall 

not be required to diSQlag upon the vehlolea 

operated in this State undel? the provisiona 

OS such exemption, identification plates lasued by the Railroad Commission of Texaa, and 
Hon. Ernest 0. Thompson - Page 3 v-426 

the Commlaalon shall not be required to furnish such carriers with such plates." (lQaphaala ours) 

Under the terms and provisiona of the above 

quoted section, the exemption granted to nonresident 

motor carriers by wag of reclprooltg from payment of 

Railroad Commlaalon plate and tex fees la dependent 

upon four distinct things. (1) The person 

must be a motor carrier; (2)TE$ :%P carrier must 

reside OF be domiciled outside the State of Texas; (3) 

His motor carrier operations in Texas must be exclusively in interstate or foreign commerce pursuant to 

valid and legal authority issued by the Interstate 

Colnnerce Commlsalon; and (4) The state in which the 

nonresident motor carrier resides or is domiciled must 

grant like exemptions in the pegment of the same or 

similar fees to motor carriers rssldlng or domiciled 

in Texas. Nothing is contained in said section which 

in any manner makes reciprocity dependent upon the 

place of registering the nonresident carriers motor 

vehicles. 

It la to be observed that the important thing 

in two of the above requirementa la the place of realda or domicile of the nonresident carrier. The aectlon'-firovldes that the exemption applies to motor carriers "residing OP domiciled outside of the State of 

Texas" and that Eld exemption shall not apply %mleaa 

the states in which such foreign motor carriers reside 

OP are domlclledn shall extend like exsmptlona to "mo- -- 

tor oarrlera residing or danlolled In Texas." It thereSore becomes necessary to determine the meaning of the 

terms %ealde,' "residing," and "domlolle." 

The terms "rea%de' and "realdlng" are elastic, 

and a# to be Interpreted in the light of the object 

and purpose of the statute in vhloh such terms are emplo ed. oorath v. Stevenson, 77 P. (2d) 608 (Wash. 

193 6 1. 

fl 

The Attorney General has previously construed 

the tez=m "residing" as used In our reglatratloa of motor vehicle atatute (Article 6675a-2, V.C.S.) to mean 

"Legal~resldent." See 0 D lnion O-102 8 T, dated July 10, 

1939, oiting 54~ Corpus Jurls 70 e Our courts have 

reached & similar result in conneotlon with our venue 

statutes; Evans v. American Publishinn Co., 13 S. W. 

(26) 358 (Conus. AQQ. 1929); Henneasey v. Campbell, 32 
Hon. Ernest 0. Tholllpaon - Page 4 v-426 

5. W. (26) 390 (Tex. 

the term 'residea" 

Clv. App. 1930); and have construed 

as used In the statute providing for 

the removal of a minor's dlsabllltles to mean "legal 

domicile." Gulf. C. & 5. F. RY. Co. v. Lemons, 109 Tex. 

244, 206 S. W. 75 (1916). 

Domicile la defined by the Amerloan Law Instltute Restatement. ConSllct of Law, 8 9 to mean the place 

with which a person has a settled oonnktlon for certain 

legal purposes, either beoauae his home la OF because that plaoe la assigned to him by law. there, 

It la also 

stated In the Restatement on Conflict of Law, I 41, that 

a corporation is domiciled in the state where it la lncorporated, and oannot acquire a domicile outside that 

state. 

As applied to an individual, It has been held 

that one's domicile Is the place where one has his true, 

fixed, permanent home and principal establishment, and 

to which, whenever he la absent, he has the intention 

of returning. 13 Words ds Phrases 261; State v. DeCasinova's AdmIx., 1 Tex. 401 (lt!4r . 

ed thro uei 

It Is our opinion that the Le(llrlature lntendto mean 

h Its use of the terms "reside and "realdlng" 

legal residence," and as so used they are aynonymoua with the term "dixalclle." 

17 Am. Jur. 596 

28 9. J. S. 7, 0 2, 

il 11; Am. Law Inst. Restatement. O - 

sllot OS Lava, 4 9. Furthermore by the very natur?oS 

the Act, legal realdenoe or domldlle is not coexistent 

in the same person In two or more states at the same 

tine. 

1904). 

Michael v. Michael, 79 9. U. 74 (Tex. Clv. App. 

In answer to your first question you are 

therefore advised that reciproolty la dependent upon 

whether or not there f8 in existence a reolprooal agreement between Texas and the state of the legal residence 

or domicile of the foreign motor carrier rather than 

with the state where the vehloloa of the foreign motor 

oarrler are registered. 

"2 . IS a foreign motor carrier har authority Srom the Interstate Coimserce Commlsslon to transport property for hire to, from, 

and between Texas points only (no other state) 

and whose operations in this atate are llmlted exclusively to the transportation of property for hire In Interstate or foreign com8eroe 
Hon. Ernest 0. Thompson - Page 5 v-426 

only under such authority, and reciprocal 

agreement la in effe'ect between Texas and the 

state of the domicile of such carrier, la 

such oarrler required to have a permit or 

certificate issued by the Railroad Conrmlaslon of Texas for authority to oRerate Its 

trucks on the highways In Texas? 

H. B. 298, Chapter 257, Acts of the 50th Legislature, Regular Session, 1947, by'lts express wording 

deals with the exemption from payment by a foreign motor carrier of the Sees mentioned and required In Sections 5a(g) and (h), 7, 17(e), and 18 of Article glib, 

V.C.S. Rothlng la contained in said Act amending, or 

purporting to amend, Article glib, supra, as to the requirements of or necessity for a oertlflcate of convenience and necessity or permit. On the contrary, the 

Act expressly prOvidS8 that the exemption from payment 

of plate and special tax Sees shall not apply to the 

payment of filing Sees for applloatlona for oertlSloates or permits to operate In this State. 

It has previously been decided that a motor 

carrier which has been granted authority by the Interstate Connnerce Commission to transport goods, wares, 

and merohandlse In lnteratate or foreign commerce by 

motor vehicle must, prior to commencing operation in 

this .State pursuant to said interstate authority, obtaln'from the Railroad Casmlaalon of Texas authority 

to use our highways In Such interstateoperation, and 

to casply with the Insurance requirsmenta and safety 

regulations imposed by the Railroad Cosuslsalon under 

Article 911b, aupra. Ex Parte Truelock, 140 9. W. (26) 

167 (Tex. Crlm. App. l%O), and authorities therein 

cited. 

Nothing la oontalned in H. B. 298,vhloh in 

any manner changes this rule. The foreign motor oarrler, regardless of the existence of a reolprooal 

agreement between Texas and the state of its domicile, 

la still required to obtain from the Railroad Commlaalon of Texas a certificate OP permit authorlelng the 

use of our State highways in interstate or foreign 

ooanserce . 

Your second question is therefore answered la 

the affirmative. 

“3 . IS a foreign motor carrier has authority from the Interstate Commerce Commission to 
Hon. J&nest 0. Thompson - Page 6 v-426 

transport property for hire between points 

in Texas and points In other states and a 

reciprocity agreement between Texas and the 

state of the dom+ile of such foreign carrier 1s: in effect, la such carrier required 

to have a permit or certificate laawd by 

the Railroad Commission of Texas for authority to operate its trucks on the highways of 

Texas?" 

Our dlacuaalon under Question No. 2 la equally applicable to Question No. 3. The anaver is the aanm 

ln each instance. 

Your third question is therefore answered in 

the efflmratlve. 

“4 . IS a foreign motor carrier has a 

certificate or permit from the Railroad Ocmmission of Texas and there la a reciprocal 

agreement in effect between Texas and the 

state of the domicile of such foreign motor 

carrier, does the vehicle of such foreign 

motor carrier have to be registered (by 

equipment report or OtheNlSe) with the 

Railroad Commission of Texea as being operated on a reolprooel basis." 

Under the rules and regulations of thb Ocanmlaslon, as well as the general requllrtfillente of Article 

glib, supra, a motor carrier la required to register 

with the Commission as a part of tha application for a 

certificate or permit a written llat and description of 

the motor vehicles to be operated by the carrier under 

said oertlfloate or permit. The reason for Such requirement Is obvloua, beceuae otherwise it would not be 

possible for the Camalaelon to determine whether the 

motor vehicles to be used by the carrier meet the requirements of the law and the rules and rugulatlona of 

the Commission as to safety ~qulrementa, and Surther, 

whether the highways of this State would vlthabnd the 

added tnsfilc burden proposed to be placed thereon. 

Iiothlng is contslned la H. B. 298, aupra, 

which la any manner attempta to dispense with these requirements. These are all matters within the police 

power of the State, and our prevfoua dlaouaalon under 

Question No. 2 la equally applicable here. See Bx Parta 

Truelook, aupra. 
Hon. Ernest 0. Thompson - Page 7 V-426 

Your fourth question la therefore answered la 

the afflnnatlve. 

"5 . Where there 18 a reclprooltg agreement between Texas and the state of domicile 

of a foreign carrier, Is It necessary that 

the truoks of suoh foreign motor carrier operated in Texas have an ldentlflcation canl 

Issued by the Railroad Commiaslon displayed 

on such motor vehicles?" 

Article 169Ob, V.P.C., which Is the penal por 

tlon of the.Texas Motor Carrier Law, provides, In part, 

as follova: 

"(e) The Commiaalon shall prescribe an 

ldeatlflcatlon card whloh must be displaYed 

wFthFn the aab of eaah motor vehicle, aettlng out the oertlficate or pennit nunber 

and-the route or territory over uhlah the 

vehicle 1s authorized to operate, giving the 

name and address of the owner of said oer- . 

tlflcate or permit. It shall be unlawful 

for the owner of said certlfioate or permit, 

his agent, servant or employee, or any other 

person to use or dl8play sald,ldentifiaatlon 

card after said certlfloate or DennIt has 

been cancelled or disposed of. *The ldenti- 

;G;tzmcyd provided for herein y;nbzsln 

nd oontain suchlnfonna 1 

reaulred bs the Railroad Conrmlssion." (Emphasis oura) 

House Bill 298, aup~%, In go vay amend8 0~ 

modifies the requircMBt6 OS the abow ~quoted portion 

of Artlole 16gOb, sugrs. 

Your fifth question Is 

the afflrmatlw. 

therefow answxwd in 

(1) Realproaity F&r_ H, B. 29, chapter 257, Acts of 50th Le Ulature, Regular 

Session, 1947 (sectiou 1 L of Article 911b, 

V,C.S.), Is dependent upon the state of legal 

residence or domicile of the foreign motor 

carrier rather than the state of reglstrstlon of the motor carrIersI vehicles. 
Hon. Ernest 0. Thompson - Page 8 v-426 

(2) A foreign motor carrier coming 

within the provisions of Section 18a, aupra, 

la not relieved of the requirement of obtaining a certificate or permit from the 

Railroad Commlaalon authorizing the use of 

Texas highways In Interstate or foreign commerce o 

(3) A foreign motor carrier casing 

within the provlalona of Section 18a, aupra, 

Is still required to register with the Commission all motor vehicles operated by It 

In Texas by filing an equlpent report with 

the Commission fully describing said motor 

vehicles. 

(4) Section 18a, aupra, In no way 

amends or modlflea the requirements of Article 1690b, V.P.C., requiring ldentlflcatioa cards to be displayed on all motor vehicles operated under the jurladlctlon of 

the Railroad Commlaalon. 

Yours very truly 

ATTORNEYGENERAL OF TEXAS 

By - =’ -- 

Charles D. Matheva 

Aaalatant 

cDbl:jt 

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