August 30, 1951 

Hon. Robert S. Calvert 

Comptroller of Public Accounts 

Austin, Texas minion No. v-1268 

Dear Sir: 

Re: Whether the "rider" in the 

general appropriation bill 

(Subd. (15), Sec. 2 of Art. 

III, H.B. 426, Acts 52nd 

m3., 1951, ch. 499, p. 1228) 

applies to pickup and panel 

trucks. 

In your request for an opinion, after quoting the 

"rider" which is the subject of your Inquiry, you state that 

"this department is contemplating (1) the purchase of a pickup 

or (2) a panel truck" and ask: 

"Is either the pickup or the panel truck a 

passenger-carrying vehicle as defined in the above 

quoted section of the rider? 

"Should this department purchase either of the 

above mentioned vehicles during this fiscal year, 

would we be required to sell the same in September 

of the next fiscal year?" 

The "rider" in question (Sub& (15), Sec. 2 of Art. 

III, H.B. 426, Acts 52~1 Leg., 1951, ch. 499, p. 1228, at p. 

1438) reads in part: 

"All State-owned motor-propelled passengercarrying vehicles under the control of any department, 

commission, board, or other State agency are hereby 

declared to be no longer needed. Such motor-propelled 

passenger-carrying vehicles shall be sold in compllante with and as provided for in Article 666, Revised 

Civil Statutes of Texas, as amended, or otherwise as 

provided by law, not later than ~October 1, 1951. No 

motor-propelled passenger-carrying vehicle may be purchased with any of the funds appropriated In this Article, . . .ll 
. L. 

Hon. Robert S. Calvert, Page 2 (v-1.268) 

The term "motor-propelled passenger-carrying vehicle" 

is not defined in the above-quoted rider or elsewhere in the 

general appropriation bill. In fact, neither the statutes nor 

the decided cases of this State define the term. 

In the Uniform Act Regulating Traffic on Highways, 

the word "truck" is said to mean "every motor vehicle designed, 

used, or maintained primarily for the transportation of property. " Art. 670ld, Sec. k(a), V.C.S. 

In Article 66V5a-1, V.C.S., relating to registration 

of'motor vehicles, a "passenger car" is defined as follows: 

"'Passenger car' means any motor vehicle other 

than a motorcycle or a bus . . . designed or used 

primarily for the transportation of persons." 

This office has heretofore held that the meaning of 

the term "passenger car" contained in the general appropriation 

bill adopted by the Forty-seventh Legislature for the biennium 

ending August 31, 1943, "is to be determined by considering its 

design and construction." Att'y Gen. Op. o-4182 (1941). In 

that opinion it was said that if a vehicle is "designed and constructed by the manufacturer for the primary use of carrying 

passengers, it is a 'passenger car." We think the reasoning of 

that opinion has application to your first question. A motorpropelled vehicle designed and used primarily for the carriage 

of passengers comes within that portion of the "rider" in question held valid in Attorney General's Opinion V-1253 (1951), 

which provides that "No motor-propelled passenger-carrying vehicle may be purchased with any of the funds appropriated by 

this Article, . , . .l( On the other hand, a motor-propelled vehicle designed or used primarily for the carriage of property 

is not a "motor-propelled. passenger-carrying vehicle" within 

the meaning of the "rider," and the purchase thereof from appropriated funds for official use is not prohibited. 

Webster's New International Dictionary (2d Ed. 1938) 

defines "pickup" as "a small commerical body interchangeable 

with the rear deck of a roadster," and "panel body" as "an enclosed body for a motor truck." In Webster's New Collegiate 

Dictionary (6th Ed. 1949), "pickup" is defined as "a light commercial truck for quick collection and delivery of goods." 

Moreover, a "pickup truck" has been held to be a 

"truck" within the meaning of the New Mexico statute prohibiting "trucks" from operating in excess of a certain speed. H. W. 

mass Drilling Co. v. Ray, lOlF.2d 316 (C.C.A. 10th 1939). 
I..,’ 

r‘ ~. ~,..“~ Hon. Robert S. Calvert, Page 3 (v-1268) 

In view of the foregoing, we agree with you that a 

pickup or panel truck used primarily for the transportation of 

property is not a "motor-propelled passenger-carrying" vehicle 

within the meaning of the portion of the "rider" in question 

prohibiting the purchase of such vehicles. Under the "rider," 

a pickup or panel truck may be purchased and used for the purpose for which primarily designed. 

We believe your question relating to whether the 

"rider" in question will require the sale or disposition of 

pickup and panel trucks purchased during the current biennium 

ending August 31, 1951, is fully answered by Attorney General's 

Opinion V-l253 dated August 24, 1951, addressed to Honorable 

Jack H. Drake, Executive Secretary of the Texas Citrus Commission. 

SUMMARY 

A pickup or panel truck used primarily for transportation of property is a "truck" as distinguished 

from a "motor-propelled passenger-carrying vehicle," 

and the purchase thereof is not prohibited by the 

"rider" to the general appropriation bill (Subd. (15), 

Sec. 2 of Art. III, H.B. 426, Acts 52nd Leg., 1951, 

ch. 499, p. 1228). This "rider" does not require the 

sale of a pickup or panel truck purchased during the 

biennium ending August 31, 1951. Att'y Gen. Op. V-1253 

(1951). 

APPROVED: 

C. K. Richards 

Trial and Appellate Division 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Yours very truly, 

PRICE DANIEL 

Attorney General 

Everett Hutchinson 

Acting First Assistant 

EJ:lg 

E. Jacobson 

Assistant