CD EXAS
October 9, 1953
Eon. Bryan Bell, Director
Motor Transportation Division
Railroad Commission
Tribune Building
Austin, Texas Opinion No. S-104
Re: Authority of a specialized
motor carrier, licensed to
transport oil field equlp-
ment, to carry certain
enumerated coauuodlties
used in the maintenance
Dear Sir: of oil refineries.
You have requested the opinion of this office as
to whether specialized motor carriers having authority to
transport oil field equipment under their certificates may
carry hydrated lime and sand in bags to be used in the maln-
tenance of oil refineries.
In 1941, Article glib, Vernon's Civil Statutes,
was amended so as to add a technical statutory definition
of the term "oil field equipment", which specialized motor
carriers were authorized to transport, and that definition
reads as follows:
"Section 1 (I) For the purpose of this
Act, the term '011 field equipment' means and
Includes machinery, materials, and equipment
Incidental to or used in the constructlbn,'
operation, and maintenance of facilities which
are used for the discovery, production, and
processing of natural gas and petroleum, and
such machinery, materials, and equipment when
used in the construction and maintenance of
pipe lines."
Your inquiry can be resolved by determining whether
hydrated lime and sand in bags comes within the definition of
'materials", as the maintenance of a refinery is unquestionably
-c within the comprehension of the "processing of natural gas and
petroleum."
Hon. Bryan Bell, page 2 (S-104)
Webster's IiewInternational Dictionary defines
"material" as,
"the substance or substances, or the parts,
gooda, stock, or.the like, of which anything Is
composed or may be made; . . ."
IJo cases have otherwise defined 'materials" as used
in the foregoing statute, and within the definition set.out
above and certainly as accepted In the petroleum Industry,
we hold that hydrated lime and sand are "materl&ls" within
the comprehension of the statutory definition of "oil field
equipment."
However, such "materials" under the clear provisions
of such statute, must be "lncident~l to or used in the con-
struction, operation, and maintenance" of such refineries.
Sand, we suppose, might normally have some appropriate use in
some filter function of a refinery, and hydrated lime is nor-
mally used in treating water for cooling towers, btitthe "use"
of the commodities that is actually intended is a fact quebtion
to be resolved by the Railroad Commlss1oi-1.The neceselty for
transporting the sand In bags, Instead of in bulk, also requires
the judgment of the Commission on a fact issue.
Sand and hydrated lime are "materials" wlth-
in the definition of "011 field equlbment", and
are authorized to be transported by specialized
motor carriers under Art. glib, V.C.S., If their
carriage is Incidental to or used In the con-
struction, operation or maintenance of an 011
refinery.
APPROVED: Yours very truly,
Willis E. Gresham JOHN BEN SHEPPRRD
Reviewer Attorney General
Robert S. Trottl
First Assistant
John Ben Shepperd
Attorney General