Untitled Texas Attorney General Opinion

‘BEA~~QRNEY GENE-I. PRICE DANIEL ATTORNEYGENERAL February 17, 1947 Honorable K. D. Hall Opinion No. V-33 County Attorney Refugib County Re: Whether a person pulling a Refuglo, Texas combine with a traotor over a state highway violates Article S27a, Vernon’s Penal Code, unleae he has first obtained a special permit in aooordhnoe with the provis- ions of Article 6701a, Ver- non’s Annotated Civil Stat- utes. ,Dear Sir: Your letter of January 7, 1947, in rhlah you request an opinion of this department on the question contained therein, has been referred to the writer for attention. Your letter is in part as follows: I. . . *I would like to know whether or not .a party pulling a combine over the State Highway with a traotor is violating the above Statutes, to-wit: 8278, Section 3a, if he did not have a special per- mit to pull such combine over said highway as is required by Article 6701a; In other words, is a combine an “Implement of husbandry- under the Law of Texas? “For your information, a combine, as you may know, is used for the purpose of harvesting small grain, and the one I have in mind is more than eleven (11) feet in width. vIn my opinion the intention of the Legislature was to permit all faming equipment to be moved over the highway without a special permit. The definition ef *implements of husbandry” as provided in Article 6675a-1 (r) above, is somewhat indefinite, especially in view of the fact that the phrase ‘as used in till- in the soil’ is within the definition. The wayms d e initlon reads, it could be interpreted to mean implements striotly used for’the tilling of soil, Honorable K. D. Hall, page 2 suoh as the plow. . . * (emphasis supplied). Article 827a, Section 3a, Penal Code of Texas, reads as follows: "No vehicle shall exceed a total outside width, including any load thereon, of ninety-six (96) inches, except that the width of a term trac- tor shall not exceed nine (9) feet, and except further, that the limitations as to size of ve- hiole stated in this section shall not apply to vim lements of husbandry" Including machinery use ii solely for the purpose of drilling water wells, and highway bullding'and maintenance machln- cry temporarily propelled or moved upon the pub- lic highways." Article S27a, Section 9b, provid- ing a penalty ior violation thereof. Article 67Ola, Section 1, Vernon's Annotated Civil Statutes, provides the following: "When any person, firm or oorporstion shall desire to operate over a state highway super-heavy or over-size equipment for the transportation of such commodities as cannot be reasonably dismant- led, where the gross weight or size exceeds the limits allowed by law to be transported over a state highway, the State Highway Department may, upon application, issue a permit for the opera- tion of said equipment with said commodities, when said State Highway Department is of the opinion that the same may be operated without material dam- age to the highway. ,Frovided, however, that noth- ing in this Act shall prevent the full contxul of such movements or operations on the streets of cities and towns by the ordinances of such munioi- palities." Article 6675a-1, paragraph (r), Vernon's Anno- tated Civil Statutes, defines nlmplements of husbandry," for the purposes of certain exemptions under Vernon's Fe- nal Code, Article 827a, Section 3a, as “Farm Implements, machinery and tools as used in tilling the soil, but shall not include any passenger car or truck," while Ar- ticle 6687b, Section 1, paragraph (g), Vernon's Anno- tated Civil Statutes, defines "implements of husbandry* for purposes of certain exemptions under the Driver's Ll- tense Law as “Farm implements, machinery, and tools as used in tilling the soil, namely: Cultivators, farm trac- Honorable K. D. Hall, page 3 tars, reapers, binders, combines, or mowing machfnery , but shall not include any automobile or truok.” (em- phasis supplied) Rallentine’s definition of elmplements of husbandry” is as follows: *Any instrument used directly in the business 0r farming, and for no other purpose is an simple- ment of husbandry.” Horse rakes, gang plows, head- ers, threshing maohines, and combined harvesters are as clearly wlmplements of husband* as are hand rakes, single plows, sickles, cradles, flails, or an old fashioned machine for winnowing. There is no ground for excluding an implement from the operation of the exemption statute because it is an improvement, and supplants a former implement used with less effectivenese for the same purpose. fstate of Klem 119 Cal. 41, 39 L.R.A., 340, 342, 50 Pac. Rep. 1I’ 62.” Since Article 6687b, Section 1, Paragraph (g), is oonsistent with Article 6675a-1, Section 1, Paragraph (r), and treats of similar subject matter, it indicates the intention of the Legislature as to what constitutes *implements of husbandry” as applied to Texas highway and motor vehicle laws. “It the intent remains obscure after reading the entire act, the court may consider other laws and circumstances indioatlng the legislative in- tention.” See Am. Surety Co. v. Axtell Co., 120 Tex. 166, 36 9. W. (2d) 715; Barnes v. State, 75 Grim. Rep. 188, 170 8. W. 548, 39 T. J. 177. It is our opinion that a combine is an “imple- ment of husbaudry” within the meaning of that term as used in Article 827a, Section 3a, Vernon’s Penal Code, an4 that a person operating a tractor drawing a combine over a state hi ‘hwaywithout a special permit obtained in accordanoe wcf th Article 6701a, Vernon’s Annotated Civil Statutes, doer uot violate Article 827a, Vernon’s Penal Code. SUMMARY: (1) A combine is an “implement of husbaadryW within the meaning of that term as wed in Article 027e, Bection 3a, Vernon’s Penal Code. 1 . Hon. K. D. Hall, page 4 (2) A person operating a traotor drawing a coabine over a state highway without 8 special per- mit obtained in accordance with Article 6701a, Ver- non’s Annoteted Civil Statutes, does not violate Article 827a, Section 38, Vernon’s Penal Code. Yours very tmly A’Il’ORNEY GENERAL OF TEXAS By4kif%c&Assistant APPROVED FEB. 17, 1947 32!A&u ATTORNEY GENXRAL As -SH/JMo:jrb APPROVED OPINION