### 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, 197, as applied to certain interstste motor vehlole carrlerm.

Dear sir:

Your request ior ma

### OQiUiOl3la oonnectlon with 

### H.B. eg8, Chl3pter

### 2. 97 Act. or the 50th Legleleture, Reguler Se88loa, 1 7: prerents five separate questIons. For alarlty wewfll reatete the questions separately and lmedlatelj following each restatement ve will give our amwer.

“1. Does reaiproolty (Vmaer8. B. 298) depend uponthe state of reglrtratlon ot truoke operated br l foreign motor carrier where the truoka are reglstered in a state other tbm the domicile

Of 

### 8UObfOr*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 

### Texasvbloh are re~etered 

### laLoulirlaw, oklahow, n*v Toe, wd otbr rtatw. There ia DOMOlpro0ltf agreawnt b&VW8 Texas andIllinol8 at the preroat tfw and there 

### am rwipooal 

### l grewmntm

between Texa#, Loul8lma,

Bklahcma, ld other etatee. 

### TheQroblW Qmrellted 18whether or 8ot tb, rraldforelga motor oarrler domlalled In Illlnols 18required to pay plate andtax fee8 to the Railroad Commlssloa onthe 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 The50th Legislature at its Regular Session

1 enacted H. Be298, Chapter 257, emending ChapAots of the blat Legislature Regular 3eaalon, ?&31a& subsequently amended (Artlcli 911b VC3) bya&ding anewsection to be knownas Section’l6ahj ’ vhlch reads as Sollowa:

“18a* Reolproclty. Motor carriers of property for hire realdinu or domiciled outside of the State of Texas, whohave authority from the Interstate Cmeroe Commlaalon to transport property for hire to, from or between points In Texas, andwhose 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). 18and aukparanrephs **CR) and**  (hl of Section 5aCal of this Act; provided, however, &his exemntlog Srolathe payment OSsaid Seea shell not aDuly unless the States Inwhich such foreign motor carriers reside or are donlolled shell llkevise extend to motor carriers residing or daalolled InTexas exemption from the peyment.oS the sameor almllar Sees or expenses In their zwapeotlve States; such exemptions from the payment of suoh Seea InTexas shall be effeotlve whenthe governmental agency or the authorized representative thereof of such Sor

### elgnStates having jurladlotlon over the operations of motor carriers Sor hire ahall oertlry Inwriting to the Railroad Commlaalon

### OS Texas that the exemption from the payment of auoh Sees andexpenses 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 OSsuch exemption, identification plates lasued by the Railroad Commission of Texaa, andHon. Ernest 0. Thompson - Page 3 v-426

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

Under the terms andprovisiona of the above quoted section, the exemption granted to nonresident motor carriers by wag of reclprooltg from payment of Railroad Commlaalonplate andtex fees la dependent upon four distinct things. (1) Theperson must be amotor carrier; (2)TE$ **:%P** carrier must reside 

### OFbe 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 ColnnerceCommlsalon; and (4) Thestate in which the nonresident motor carrier resides or is domiciled must grant like exemptions in the pegment of the sameor similar fees to motor carriers rssldlng or domiciled in Texas. Nothing is contained in said section which in anymannermakesreciprocity dependent upon the place of registering the nonresident carriers motor vehicles.

It la to be observed that the important thing in twoof the above requirementa la the place of realda or domicile of the nonresident carrier. Theaectlon'-firovldes that the exemption applies to motor 

### carriers "residing 

### OPdomiciled outside of the State of Texas" andthat Eld exemption shall not apply %mleaa the states in which such 

### foreignmotor carriers reside 

### OPare 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, anda# to be Interpreted in the light of the object andpurpose of the statute in vhloh such terms are emplo ed. oorath v. Stevenson, 77 P. (2d) 608 (Wash. 193 1. 6 fl

TheAttorney 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 lnion O-102 D 8 T, dated July 10, 1939, oiting 54~Corpus Jurls 70 e Ourcourts have reached &similar result in conneotlon with our venue statutes; Evans v. American Publishinn Co., 13S. W. (26) 358 (Conus.**AQQ.** 1929); Henneasey v. Campbell, 32Hon. Ernest 0. Tholllpaon - Page 4 v-426

5. W. (26) 390 (Tex. the term 'residea" Clv. App. 1930); andhave construed
as used In the statute providing for the removal of aminor's dlsabllltles to mean "legal domicile." Gulf. C. &5. F. RY. Co. v. Lemons, 109Tex. 244, 206S. W.75 (1916).

Domicile la defined **by** the Amerloan LawInstltute Restatement. ConSllct of Law, 89 to meanthe place with which a person has a settled oonnktlon for certain legal purposes, either beoauae his homela OF because that plaoe la assigned to himby 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, andoannot acquire a domicile outside that state.
Asapplied to an individual, It has been held that one's domicile Is the place where one has his true, fixed, permanent homeand principal establishment, and to which, whenever he la absent, he has the intention of returning. 13Words dsPhrases 261; State v. DeCasinova's AdmIx., 1Tex. 401 (lt!4r

.

ed throueiIt Is our opinion that the Le(llrlature lntendto mean h Its use of the terms "reside and "realdlng"

legal residence," andas so used they are aynonymouawith the term "dixalclle." 17Am.Jur. 596 289. J. S. 7, 02,

il 11; Am.LawInst. Restatement. O - sllot OSLava, 49. Furthermore bythe very natur?oS the Act, legal realdenoe or domldlle is not coexistent in the sameperson 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 agreementbetween 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 Sromthe Interstate CoimserceCommlsslon to transport property for hire to, from, andbetween Texas points only (no other state) andwhose operations in this atate are llmlted exclusively to the transportation of property for hire In Interstate or foreign com8eroeHon. Ernest 0. Thompson - Page 5 v-426

only under such authority, andreciprocal agreement la in effe'ect between Texas and the state of the domicile of such carrier, la such oarrler required to have apermit or certificate issued by the Railroad Conrmlaslon of Texas for authority to oRerate Its **trucks** onthe highways InTexas?

H. B. 298, Chapter 257, **Acts** of the 50th Legislature, Regular Session, 1947, by'lts express wording deals with the exemption from paymentby a foreign mo**tor** carrier of the Sees mentioned andrequired In Sections 5a(g) and (h), 7, 17(e), and 18of 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 andnecessity or permit. Onthe 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 ConnnerceCommission to transport goods, wares, andmerohandlse 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. ExParte Truelock, 1409. W. (26) 167 (Tex. Crlm. **App.** l%O), andauthorities therein cited. Nothing la oontalned in H. B. 298,vhloh in anymannerchanges this rule. Theforeign **motor** oarrler, regardless of the existence of areolprooal agreement between Texas and the state of its domicile, la still required to obtain from the Railroad Commlaalon of Texas acertificate 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 CommerceCommission toHon. J&nest 0. Thompson - Page 6 v-426

transport property for hire between points in Texas and points In other states anda reciprocity agreement between Texas andthe state of the dom+ile of such foreign car

### rier1s: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?"

Ourdlacuaalon under Question No. 2 la equally applicable to Question No. 3. Theanaver is the aanm ln each instance.

Your third question is therefore answered in the efflmratlve.

“4

. IS a foreign motor carrier has a certificate 

### orpermit from the Railroad Ocmmission of Texas and there la a reciprocal agreement in effect between Texas andthe 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 ona reolprooel basis."
Under the rules andregulations of thb Ocanmlaslon, as well as the general requllrtfillente of Article glib, supra, amotor carrier la required to register with the Commission as apart of tha application for a certificate or permit awritten llat anddescription of the motor vehicles to be operated by the carrier under said oertlfloate or permit. Thereason for Suchrequirement 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 lawand the rules andrugulatlona of the Commission 

### asto safety ~qulrementa, 

### andSurther, 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 anymannerattempta to dispense with these requirements. These are all matters within the police power of the State, andour prevfoua dlaouaalon under Question No. 2 la equally applicable here. See BxParta Truelook, aupra.Hon. Ernest 0. Thompson - Page 7 V-426

Your fourth question la therefore answered la the afflnnatlve.

"5

. Wherethere 18a 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 Commiaslondisplayed
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) TheCommiaalonshall prescribe an ldeatlflcatlon card whloh must be displaYed wFthFnthe 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
nameandaddress 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

ndoontain suchlnfonna 1 reaulred bs the Railroad Conrmlssion." (Emphasis oura)

HouseBill 298, aup~%, In govayamend80~ modifies the requircMBt6 OSthe abow ~quotedportion 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 - Page8 v-426

(2) Aforeign 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 Commlaalonauthorizing the use of Texas highways In Interstate or foreign commerceo (3) Aforeign motor carrier casing within the provlalona of Section 18a, aupra, Is still required to register with the Commission all motor vehicles operated by It InTexas by filing anequlpent report with the Commission fully describing said motor vehicles. (4) Section 18a, aupra, In noway amendsor 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

OFTEXAS



## By- =’ --

Charles D. Matheva

Aaalatant

cDbl:jt
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