May 20, 1939 

Honorable Jack Borden 

County Attorney 

Weatherford, Texas 

Oear Sir: 

Opinion No. O-805. 

R0: Errect or registration 

Of mcfor bus having four 

wheels and with gross 

weight exceeding 22,000 

pounds. 

We are In receipt or your letter or Kay 11, 

1939, wherein you request our opinion in r8SpOnB8 to 

the r0iiwing question: 

*Where a County TaxCollector registers a motor vehicle, having rour wheels, 

with a gross weight, inoluding load, eXC88ding twenty-two thouaand pOUndB (22,000 lbs.), 

in violation or the rirat cited Btatute, is 

the Department of Publlo Safety required to 

give a presumption of validity to auoh registration and be precluded from enforcing the provisions 0r the Statutearelatlngto failure 

to properly registsr, or is It, or some other 

Department or agency of the State, required 

to make arrests and fl,le oomplaints despite 

such unlawful registration, by the Highway 

Department throu(gh&e County Tax AaaessorCollector?" 

In your letter you do not advise whether the 

motor vehicle in which you are interested is a connuercial 

motor vehicle or a motor bus, or whether or not the 

license receipt issued shows that the gross weight or the 

vehicle is in excess of 22,OOO pounds. However, your 

Representative, Mr. Delmar King, advises that you have 

reference to a motor bus and that the license receipt 

showa that the gross wei&ht of the same exceeds 22,000 

pounds. 
Honorable Jack Borden, &y 20, 1939, Page 2 

riX8S the 

Article 6675a-6, Revised Civil Statutes, 

annual license fee ror the registration or 

co~8rCial motor vehicles and truck-tractors based upon the gross weight and tire equipment of the vehicle. 

A part of the abOV8 Arti reads as follOwS: 

"The t8I7tI gross Weight as used in this 

section shall mean the actual weight or the 

vehicle fully equiped with body and other 

equpment, as certified by any orricial publib weigher or any lioensa and weight inspector or the State Sighway Department, plus 

its net oarrying capacity. Vet carrying 

capacity' 0r any v8hiC!l8 eXC8pt a bus as 

US8d in this Section ahall b8 the weight ot 

the h8aVi8Bt net load to be carried on the 

vehicle being registered; provided said net 

carrying capacity shall in no case be less 

than the manufacturer*s rated Carrying capacity. 'The net carrying capacity of a buB 

a8 deiined in this Aat (Arts. 6675a-l to 

66758-14; ?. C:Art. 870a.) shall be computed 

by muL.tipZying its seating capacity by 150 

pounds. The seating capacity of any such 

vehicle shall be the manufacturer's rated 

seating capacity exclusive of the driver's 

or op8ratorfa seat. The seating capaoity 

of any such vehicle not rated by the manufacturer shall be determined by allowi= 

one passenger ror eaah alxteen Inches that 

such Vehicle Will aeat, eXO1USiV8 Or the 

driver's or operator's seat.'" 

Article 6675a-8, makes similar prOVi8iOns reh 

tive to trailers and semi-trailers. Art&Z18 6675a-6a 

then provides that the annuaZ&.license rees ror the registration of motor busses shall be based upon the groea 

weight of the Vehicle, and then proceeds to Bet rorth 
. . . 

Honorable Jack Bordon, May 20, 1939, Page 3 

the schedule Or the fe8S for such V8hiOleS Of respectiv8 Weights. 

lows: 

Article 6675a-8b provides, in part, a8 tol- 

"Provided that no vehicle shall be 

registered with four wheels, or less, whose 

grOBS weight, including load, exceeds 22,000 

pounds; that no vehiole shall be registered 

with six wheels, whose gross Weight, including load, 8xC88dB 30,000 pounds; (axles of 

the latter type to beqaced not less then 40 

inches apart." 

While the Btatutea aontain no express proviSiOnB that the gross W8ight'Of a motor bus shall be its 

actual weight plus its net carrying capacity, we think 

that under a reasonable construction Or the foregoing 

articles snch would be true. Article 827a, Section 5a, 

Penal Code, pmVid8S that upon application for r8giStration of any commercial motor vehicle, truok-tractor, 

trailer or semi-trailer, the applicant shall furnish 

his affidavit showing the Weight Of the Vehicle and 

fUl%hBr provides that a Copy Of the receipt iSSUed 

shall show the Weight and that such copy shall b8 carried on the Vehicle at all times that Sam8 is on the 

public highway. It is further provided that the afridavit or a certified copy thereof may be admitted in 

evidence and shall be prima tacie evidence of the 

weight thereof. However, we find no such provision 

relative to the registration of motor busses. 

It is dirricmi to understand rrom your question just what iniormation you need. Manifestly the tax 

collector could not by isaulng a license receipt ror use 

in connection with a motor bus vdxich iB not entitled to 

be registered estop the State rrcm enforcing its laws 

relative to the operation of such motor bUBS8S. 

In the case of Opp vs. State, 94 S. 'G. (2nd) 180, 

the defendant had registered his automobile in a county 

other than that of his residence. He WaB prOSeCUt8d ror 

operating an automobile without a license. Conviction 

was sutained. 
fiOnOrabl8 Jack Bordon, May 20, 1939, Page 4 

Neither the Department Of Public Safety nor 

any other peace OfriO8r would be precluded irom.8niorcing 

the provisions Of the statutes relating to lailur8 to 

properly register merely by the issuance of a license I-88 

receipt under the CirCUmStsIE8B Outlined by you. We cannot answer the remaining part of yOUr inqulrg, since the 

question as to whether the kublic Safety Department or 

any other agency Of the State would be "reqUir8d" to mFtk8 

arrests and file complaints, would depend upon the facts 

within the knowledge Or the enforcing agency and the 

proof which would be available in the prosecution of any 

euch complaint. 

Yours very truly 

ATTORNEY GENEZULOF TEXAS 

Glenn R. L8wie 

Assistant 

GRL:FG 

AI'PROVED: 

ATTORNEYGEMERALOFTEXAS