THICATTORNEY GENERAL 

OF TEXAY 

April 7, 1960 

Honorable Glyndon M. Hague 

County Attorney 

Cleburne, Texas Opinion No. WW - a24 

Re: Whether a farmer hauling livestock to market in hi8 unlicensed 

trailer, returns the same livestock to his farm, would be violation of Article 6675a-2, V. C. S. 

Dear Mr. Hague: 

We quote your letter of February 26, 1960, in part as follows: 

“This is a request for an opinion of your office concerning Article 6675a-2 of the Revised Civil Statutes of the 

State of Texas relating to the registration of motor vehicles 

and trailers. 

“This Article provides that the owners of farm trailers 

operated or moved temporarily upon the highways shall not be 

required to register such farm trailer, provided such farm 

trailers are operated in conformity with all provision8 of the 

law and providing further that such exemption shall not apply 

to farm trailers weighing in exces8 of 4,000 pounds and used 

for hire. 

“The ques,tions I wish to submit are these: (1) If a 

farmer used his unlicensed trailer to haul livestock to market 

and because of an unfavorable market returns same livestock 

to his farm, is he in violation under Article 6675a-2, V. C. S.? 

(2) If a farmer u8es his unlicensed trailer to haul farm produce 

to market, market8 same, then as an incident to this trip to 

town, is he in violation of Article 6675a-2, V. C. S. if he hauls 

products back to the farm for use in the production of agricultural products ?‘I 
-_ 

Honorable Glyndon M. Hague, Page 2 (WW - 824) 

Our answers to both of your questions are “No”. 

Article 6675a-2, V. C. S. as amended reads, in part: 

“Owners of farm tractors, farm trailers, farm semitrailers . . . operated or moved temporarily upon the highways shall not be required to register . . . that the exemptions 

in this Section shall not apply to any farm trailer or farm semitrailer when the gross weight exceeds four thousand (4,000) 

pounds, . ~ . .‘I 

Article 6675a-1, V. C. S., paragraph “q”* reads as follows: 

“By ‘operated or moved temporarily upon the highways ’ is meant the operation or conveying between different 

farms, and the operation or conveyance from the owner’s 

farm to the place where his farm produce is prepared for market or where same is actually marketed and return.” (Emphasis added). 

While the law generally construes an exception to a revenue statute stricly against 

the person claiming same, the cases construing Article 6675a-2 have given it a 

liberal construction. In Texas Highway Department, et al. v. Kimble County, et al., 

239 S. W. 2d 831, Court of Civil Appeals, writ refused N.R.E. the Court stated, 

“such article is, therefore of a penal nature and must be construed most favorable 

to the owner of the vehicle.” Again in Allred, et al. v. J. C. Engleman, Inc., 

Court of Civil Appeals, 54 S. W. 2d 352, affirmed by the Supreme Court in 61 S. W. 

2d 75, the Court said “the statute must be liberally construed to effectuate its 

purposes and designs.” 

The statute in question being of a penal nature requires “the act which is claimed 

to be a violation of penal law must be fairly within its terms to sustain an action 

for the penalty”, Thompson v. Missouri, K & T Ry. Co. of Tex., (Sup. Ct. of Tex.) 

126 S. W. 257. 

Under the liberal interpretation given Article 6675a-2, V. C. S. by the courts and 

due to the words “and return” (see underlined words in Article 6675a-1 above) 

we do not feel that the legislature intended that a farmer using his unlicensed 

trailer, not exceeding the weight limitations imposed by law, and proceeding legally to a certain point, should be required to return empty , but would have the 

authority to haul products back to the farm to be used thereon. 

As the Court stated in Petroleum Casualty Co. v. Williams (Commission of 

Appeals) 15 S. W. 2d 553, at page 556: 

II 

. . . This construction of the statute is in harmony 
__. - 

Honorable Glyndon M. Hague, Page 3 (WW - 824) 

with logic and sound economic principles, and such may be 

looked to in construing the intent and purpose of the statute, 

,I 

. . . . 

SUMMARY 

A farmer may use his unlicensed trailer to haul 

livestock to market and because of unfavorable 

market condition8 may return 8ame livestock to 

his farm under the provisions of Articles 6675a1, V. C. S., paragraph “q” and 6675a-2, V. C. S. 

provided the weight limitation therein is not exceeded. Also, a farmer Using his unlicensed 

trailer to haul farm products to market in compliance with the above-mentioned statutes may 

haul products back to the farm to be used thereon, 

providing products hauled back do no exceed the 

above-mentioned weight limitation. 

Respectfully submitted, 

WILL WILSON 

ATTORNEY By&Gs GEN 

JOHN C. IjHILLIPS 

Assistant Attorney General 

APPROVED 

OPINION COMMITTEE 

Wm. V. Geppert 

Iola Wilcox 

F. C. Jack Goodman 

Jerry H. Roberts 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

Leonard Passmore