Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN DtlCSOCMucN --- Donorable &me8 E. KU&y, Director, page 3 aertiflcate .of public eontehleZW8 and aeoe88ity i88Ued by the Railroad Comtni88ion; and that when the ?Iighvay Department ha6 iB8Ued ths special p6rc ait above referred to, psrmltting the baullng of oveweight or Over81se or overlength COmWditie8, that the pe66ittee 18 authorized t0 haul 8uCh load over the highvays designated by the Blghvay Depart- ment . ' we Bl'e 6liClOShg B COPY Of thi.8 OpiJlio31, obvloarly th. - PefePred to la your letter. bbder the applicable statutes, Article 827a, Section 2, penal Code, and Article 6701.3, Vernon'8 Annotated Civil Stetutw, t&e duty Of and authority for i66U.i~ the80 8po1a1 pePdt8 18 ve8ted in th6 State Eighvay Departmat. Pre8Umably in the ad- rtPi8tl'atiOh Of the80 a&8 proper pnd 8UffiCieZlt iIlVe8ti@i~ vi11 be made by the department before the 188uea~e of the pemit8. While Article 827a, Section 2, 6upra, enjoIn upon th8 it$@lauaJ ~UFtWIlt the 6eQspOhBibility Of 86'eiI2g that the hati made Under 8nch pemit8 ahall b8 by the 68horte6t praatiaeble wllte," the Hlghuay Department may not enlarge upon aertiflcato tight8 a8 granted by the ~Railroad Com~i88ion, ex4ept a6 to route8 to be traversed. It ~ay.not by the special pemslt authorise a - per806 to tranaport property for hire rho 1s ultbout authority to do 80 from the Railroad Comnia6ion, or authorire a servim3 to and from polntr not authorized by the Railroad Ctzimls~lon. In reply to your question one, you sbopld honor 8p8oial pemlts issued by the Hi&way Department even though the carrier is thereby anthorissd to traverse routes not lmluded in the certificate Issued by the Railroad Commission, provided the csr- rle~, if not trarmportlng hi6 oyn property, ha8 authority from the Xtailroad Cw6is8ion to trBn6pOrt the ~property at hand from and to the points inYO1Vef.i. Xourguestlons tvo, thme and ionrare amrwered in the negati*e. If, uader your question five, the carrier posaesse8 a persilt from the Elghvay Department, and If the condition6 loen- tloned ln our ansver to question one are existeat, the camler should be permitted to proceed unmolested along the route con- tained in the permit from the HIghway Departmmt.