EY GENERAL
A%-rORN&Y OncN&RAx.
February 11, 1970
Cal. Wilson E. Speir Opinion No. M- 571
Director
Texas Department of Public Safety Re: Whether the operator of a
P. 0. Box 4087 vehicle transporting liquid
Austin. Texas 78751 asphalt is required under
Article 6701c- 1, Vernon’s
Civil Statutes, to file a copy
of his lease with the Depart-
ment of Public Safety.
Dear Colonel Speir:
You have requested an opinion of this office as to whether operators of
vehicles transporting liquid asphalt are exempted from the lease provisions
of Article 6701c-1, Vernon’s Civil Statutes. Section 2 of Article 6701c-1
provides in part that the Act shall not apply to:
7,. D motor vehicles, commercial motor vehicles and
truck tractors. . _ used exclusively in the transportation
of sand, gravel, dirt, shell, cement, ready-mixed concrete,
asphalt rock, aggregate, and other similar road-building
substances ordinarily transported in bulk. . ,”
when such substances are being transported for the various purposes and to
and from the various destmations further enumerated in this provision of the
Act.
Since liquid asphalt is not a named substance in this provision, it must fall
within the phrase “other similar road-building substances” in order that the
transportation of liquid asphalt might be exempt from the lease provisions of
Article 6701c- 1.
Of the various commodities named in Secti,on 2 of the Act there is one
commodity that has many similariti,es to liquid asphalt. That named commodity
is asphalt rock. Asphalt rock is defined in Webster’s Third New International
Dictionary, 1961, to be:
“rock (as sand stone or lime stone) impregnated
naturally with asphalt. ” [Emphasis added. ]
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Cal. Wilson E. Speir, page 2 (M- 571)
In addition to the similarity arising from the presence of natural asphalt in
asphalt rock, the two substances, asphalt rock and liquid asphalt, are generally
used as road surfacing materials. As such, liquid asphalt is a “similar road-
building substance” to asphalt rock and, therefore, included in Section 2,
Article 6701c-1.
SUMMARY
The operator of a vehicle transporting liquid asphalt is exempted from the
provisions of Article 6701c-1, V. C. S., with respect to the lease provisions
and filing requirements of that Act.
Resfitfully yours, _
Attorne General of Texas
Prepared by James M. Mabry
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
Dunk Sullivan
Alan Minter
A. J. Gallerano
Bennie Bock
MEADE F. GRIFFlN
Staff Legal Assistant
ALFRED WALKER
Executive Assi,stant
NOLA WHITE
First Assistant
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