Untitled Texas Attorney General Opinion

Honorable C. C. Hampton Opinion No. C-724 County Attorney Comanche, Texas Re: Whether unlloensed farm trailers may be used to carry horses to be used Dear Sir: in rodeos In your opinion request you state: "I have a problem about the use of farm trailers which are not re- quired under the law to oarry a II- tense plate. We find a large number of these trailers being used for pur- poses rather remotely oonnected with a farm. Various rodeos are in pro- gress in Comanche County during the summer months and the horses used in these rodeos are frequently oonveyed in unlicensed farm trailers," You then ask the aaptloned question. Article 6675a-2 (b), Vernon's Civil Statutes, provides: "Owners of farm tractors, farm trailers and farm semitrailers with a gross weight not exceeding four thou- sand (4,000) pounds, and implements tractors, farm trailers, farm seml- trailers and lm lements of husbandry." (Empha,sisaddedP Article 6675a-1 (q), Vernon's Civil Statutes, defines the term "operated or moved temporarily upon the highways" as: "By 'operated or moved tempo- rarily upon the highways' Is meant the operation or conveying between -3483~ Honorable C. C. Hampton,'page 2 (C-724 ) different farms, between a place of supply or storage to farms and re- turn, or from an owner's farm to the place where his farm produce Is pre- pared for market or where same is actually marketed and return." In each case it will be necessary to deter- mine from the facts whether or not the horses being used in the rodeo are being conveyed from the owner's farm to a place where the horse is prepared for market or where the horse is actually marketed, and return therefrom. From the facts you have given, however, it appears that in this case such is not true; there- fore, it is the opinion of this office that trailers used for the purposes set forth in your letter must be registered in accordance with the law of this State, Your attention is invited to Article 6675a-2 (h)3, Vernon's Civil Statutes, which provides: "Any vehicle exempt from regular fees under this Subsection and operated and moved upon the public highways of this State in violation of this Subsection shall be deemed to be operated or moved unregistered and shall immediately be subject to the regular registration fees and penalties prescribed by law." SUMMARY Trailers being used for the purpose of conveying horses to and from rodeos are not exempt as farm trailers and must be licensed under the laws of this State. Yours very truly, WAGGONER CARR Attorney General of Texas BY: REO/er Assistani Attorney General . . Honorable C. C. Hampton, page 3 (C-724 ) APPROVED: OPINION COMMITTEE W; V. GBppert, Chairman Lonny F. Zwiener Dbuglas Chilton Malcolm Quiok Sam Kelley APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright -34&Y-