THEA ORNEY GENE-L
OF%-EXAS
June 25, 1962
Mr. Bill F. Griffin, Jr. Opinion No. WW-1357
County Attorney
Shelby Couiity Re: Whether a farm corpora-
Center, Texas tion can qualify for
farm license registra-
Dear Mr. Griffin: tion.
You have requested an opinion from this department relative
to the above captioned matter and specifically have submitted the
following five questions:
“1 l Whether a farm corporation can qualify
for farm license registration.
"2 . Are trucks which belong to the corpora-
tions and used only to haul the live
poultry raised on the farms from the
corporations' farms to market (process-
ing plants) eligible for farm license
registration?
"3 . Are cars which belong to the corpora-
tions and used solelv by supervisors
of the corporations to supervise the
farm operations subject to farm license
registration?
"4, Are trucks which belong to the corpora-
tions and used for the purpose of trans-
porting baby chicks from the corporations'
hatcheries to the corporations' farms
subject to farm license registration?,
(Hatchery and farms owned by same
corporation).
"5. Are trucks which belons to the corpora-
tions and are used exclusively in hauling
eggs from the corporations' farms to the
corporations' places of business for
grading and sorting, subject to farm
license registration?"
.
Mr. Bill F. Griffin, Jr., Page 2, WW-1357
In connection therewith you have submitted the following
statement of facts:
"There are a number of corporations in
Shelby and surrounding counties which raise
and transport poultry in their own trucks to
market. These poultry trucks are used
exclusively for transporting poultry raised
and belonging to the corporations to market
and for no other purpose. Also, there are
several other cars belonging to the corpora-
ti,ons which are used only for transportation
of the supervisors to the various farms for
the purpose of inspecting the poultry being
raised on the farms and supervising their
care, There is a third set of vehicles owned
by the corporations which are used only for
the purpose of transporting baby chicks from
the corporations' hatcheries to the farms
owned by the corporations or to haul eggs
from the farms to the corporations' principal
places of business for the grading and sort-
ing of the eggs."
Article 6675a-6a provides in part as follows:
"When a commercial motor vehicle is to be
used for commercial purposes by the owner thereof
only in the transportation of his own poultry?
dairy, livestock, livestock products, timber in
its natural state, and farm products to market,
or to other points for sale or processing, or
the transuortation by the owner thereof of
laborers from,their place of residence, and
materials, tools, equipment and suppiles, without
charge, from the place of purchase or storage, to
his own farm or ranch exclusively for his own use,
or use on such farm or ranch, the registration
license fee shall be fifty per cent (50%) of the
registration fee prescribed for weight classifica-
tions in Section 6 of this Act; provided, however,
that the additional use of the vehicle as a means
of passenger transportation, without charge, of
members of the family to attend church or school,
to visit doctors for medical treatment or supplies,
and for other necessities of the home or family
shall not prevent its registration as a farm
vehicle. Nothing in the foregoing shall be in-
terpreted as permitting the use of a farm licensed
vehicle in connection with other gainful employ-
ment. . . au
Mr. Bill F. Griffin, Jr.~, Page 3, WW-1357
This department has ruled in previous opinions, to-wit,
numbered O-3317, O-3760 and O-6113, that a person or corporation
hauling poultry, dairy, livestock, livestock products, timber in
its natural state, and farm products to market or places for
processing, which such persons or corporations have produced
themselves on their own property or property under their control
by lease, or otherwise, by means of a commercial motor vehicle,
as that term is defined by' Art. 6675a-1, are entitled to regis-
ter such commercial motor vehicle at 50% of the regular regis-
tration fees for such motor vehicle, which is commonly known as
the farm license registration. The fact that the owner is a
corporation or an individual makes no difference,
We are therefore of the opinion that each of the vehicles
mentioned in your questions numbered 1,~ 2, 4 and 5 are qualified
to be registered with a farm license and answer such questions
in the affirmative.
Art. 6675a-1, Sec. (i) reads as follows:
"'Commercial Motor Vehicles' means any
motor vehicle (other than a motorcycle or
passenger car) designed or used primarily
for the transportation of property, includ-
ing any passenger car which has been recon-
structed so as to be used, and which is being
used, primarily for delivery purposes! with
the exception of passenger cars used In the
delivery of the United States mails. As
amended Acts 1941, 47th Leg,, p, 144, ch.
110 5 1."
The statute expressly prohibits a passenger car from being
registered as a farm vehicle unless it has been reconstructed so
as to be used and which is being used primarily for delivery purposes
with the exception of passenger cars used in the delivery of the
United States mails.
The State Highway Commission is given the authority to make
rules and regulations, classifying vehicles for registration and
the State JIighway Commission has issued a rule and has instructed
tax collectors that a passenger car may not be registered as a farm
vehicle unless it has been completely reconstructed for the purpose
of making delivery of property and thereby ceases to be a passenger
car,
The cars referred to in your question numbered 3 appear to
be regular passenger cars designed and used as such and comes within
Mr. Bill F. Griffin, Jr,, Page 4, WW-1357
the definition of a passenger car as defined by Art. 6675a-1, Sec.
Cj), and, therefore, in our opinion are not subject to being
registered with farm license as provided by Art. 6675a-6a.
We therefore answer your question No. 3 in the negative.
SUMMARY
Trucks owned by a corporation which are used
by the corporation exclusively to haul poultry,
baby chicks and eggs from their farms where they
are produced, or from the hatchery to the farms,
by the corporation to the place where they are
processed or grown by the corporation are qualified
to be registered as farm trucks.
Cars belonging to the corporation and used
solely by supervisors of the corporation to super-
vise the farm operations are passenger cars and
not subject to farm registration,
Yours very truly,
WILL WILSON
Attorney General of Texas
JHB:ca
APPROVED:
OPINION COMMITTEE
W, V. Geppert, Chairman
Elmer McVey
Ernest Fortenberry
Iola vi 3c.-"
Frank Booth
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore