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Mr. R. A. MoElmth 

Auditor 

Cooke County 

Gainesville, Texas 

Dear Mr. MoElrath: Oplnlon No. 09. 

Ra: Beglatmtlon of out ot 

State Motor Vehlole8 

Your letter ot Deoember 29, 1938, addressed to the Attorney.Oeneral ot Texas ha8 been reierred to the writer tor attention. The pertinent portions ot your letter are as tollomr 

-1 understand that the Sohlumbergem dwell Surveylng Corporation 1s a Texas oorporatlon wlth its prlnolpal ottioe in Houston, Terns, maintaining garages 

in iarlone pleoes la Tents, and malntalnlng in Texas 

a total ot titty-tlve truoks bearing Texas lloenses. 

"This oom?any has one or more truoks permanently 

looated at Ardmore, Oklahoma, licensed and used in-that 

stllte. Oooaslonally the truok or truoks In question 

are used in some other Stata where said coz~pany has no 

truok avallable at the ~moment, and reoently said OOEIp,anp had oooaslon to so use the Ardmore truok in Cooke 

County, Texas. I undeistand lt has been used several 

times in Cooke County, Texas, and on e reoent oooaslon 

the looal Iii&way Trattlo Oftloer dscucded registmtlon 

ot the truok In Texm. 

-Pa&s 116 OS the 1937 aomplled State Highway Commlselon of Texas Laws Relating to tfotor Vehloles, Highway Traffic and Raglstretion, proolaes in effeot that 

motor vehicles proparly lloonsed In another State and 

aperated for hire rzny be allowed to We not exoecdin;: 

two trips during any aalendor month and remain on said 

trips wlthln the State ot Texas not to exoeed four days, 
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4Ir. R. A. Mooglrath, Jamary 10, 1939, page E 

'It appears t&t Oklehom .hae no law almllarly 6 

wantln(r, vehioles registered in Toxns the right to 

make trips lnto Oklahoma without registering then. 

“The named oorporatlon aoknowledger the law 

would apply to it but for the toot that it 10 a 

Texas oorporatlon, but ln view thorooi 1s ot the 

opinion that the law wss not meant to apply to a 

Texas industry bavlng a branoh ottloe in the Stnte 

of Oklah- and oooaslo~lly and la nooordanoe wlth 

the above-aentloned law operating its truok or truoka 

~?ermanently looated ln Oklahoma wlthln the State ot 

TOULO. 

nUndar the above toots and oontentlons please 

advise whether 6r not tho truok ln question should 

be -registered la Texas ii it makes not to exoeed 

two trips per month end remains not more than four 

days in Texa8. Or should said truok ba exempt under the provisiona ot the law above-mentioned, or 

otherwise?* 

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The statonent ot taots as stated ln your letter falls 

to state whethor or not the truoke Of the above named oompany 

are being oporated tor oompensetlon and hire. 

Artlole 827b. Section 2, ot the Penal Code provides 

that motor vehloles registered under the laws ot another state, 

and being oporated tor oompensatlon and hire, ~111 be permitted 

to come into Texas two trips per month, end not to stay ia exoess of four days on any one trlp, providing truok operator8 

from Texas oporatlng for compensation aa3 hire are granted the 

saze prlrllege under the laws of the other state. The State of 

Oklahoma doas not grant this prlvllege to OperatOrs from Texas; 

therefore, lf the truoks in question are bolng operated tor aompeceatlon and him they would not be peztitted to enter Texas 

without being properly registered under the laws ot the Stute of 

TBXES, and you are so advise& 

It the truoke in question aro not being operated tor 

oompensetlon and hire, it 1s my oplnlon, and you are 80 advleed, 

that the operators ot the truoks oould alke oooaslonal trips into 

Texas by tlrtuo or the provl~elona ot Artiola 827b. Seotlone 1 and 

5. of the Penal Code or Texas without registering in the State ot 

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l&c R. A. MoXlreth, January 

I trust that thle 

inquiry. . 

10, 1939, page 8 

opinion euiiloiencly aiubvferr pour 

. . 

Your0 vary truly 

A!L'TORHZ~ 02NZ3hL OF TEXAS / 

APPXWZD