Untitled Texas Attorney General Opinion

Honorable Julian Montgomery 'State Highway Engineer Austin, Texas Dear Sir: Opinion No. o-1415 Re: Construction of Article 8271, of Vernon's Texas Penal Code. We acknowledge receipt of your request for en opinion pertaining to Article 82p, Vernon's Texas Penal Code, wherein you ask the following questions: "1. For what period of time may a non-resident chartered bus remain in this St~ate'withoutthe.nec- essity of obtaining Texae~license plates?.~ "2. What period of time may a non-resident pri- vately owned bus remain in this State without the necessity of .obtainingTexas license plates? "3. Are non-resident chartered and privateiy owned busses entitled tothe privileges of a non- resident permit for a fee of fifty cents? "4. What privileges should be extended to a non-resident chartered or privately owned bus, used for the transportation of members of morchestra, bal$*players, vaudeville troupes, or other indivi- duals'in pursuit of their own profession or trade for which they receive compensation in this State? "5. Would a passenger type motor vehicle, not operated for compensation or hire, which'is used for the transportation of members of an orchestra .and their instrumenta, be required to be registered a8 a passenger or commercial vehicle?" 'Article 8271,tiefinesa passenger car as being any motor vehicle other than a motorcycle or a bus as defined in this act designed or used primarily for the transportation of persons. The article also defines commercial motor vehicle as being any motor vehicle other than a motorcycle designed or used for the Honorable Julian MontgOmerya Page 2 (C-1415) transportation of property including every vehicle used for delivery purposes. The Legislature of Texas when it passed this act evidently over1ooked.a defining of what is meant by a bus, but from a reading of the act as a whole it is our opinion that it was the intention of the Legislature that a bus should be defined as a motor vehicle designed or used primarily for the transportation of persons and which is operated for hire or compensation. Beari.ngin mind this distinction between a passenger car and a bus, we will proceed to answer your questions as follows: In answer to question Bo. 1 you are advised that a char- tered bus necessarily 5mports that 1.tis being operated for com- pensation or hire and would therefore come zrithinthat part of Section 2, Article 827b, Penal Code of Texas, wblch reads as fol- lows: "Provided however, that motor vehicles properly licensed in another State or country operated for compensation or hire may be allowed to make not to exceed two (2) trips during sny calendar m0nt.nand remain on each of said trips withtn the,State not to exceed four (4) days> without being registered in this State, in the event that under the laws of such other State or country like exceptions are granted to motor vehicles registered under the laws of and owned by residents of this State." It is, therefore, our opinion that a non-resident cbar- tered bus may remain in the State of Texas four days without being registered in this State, provided the State or country of the registration of such bus grants like excepti.onsto the motor ve- hicles registered in Texas; and that such bussesmay make two trips of four days each into this State. Answering ytiurquestion No. 2 and assuming the privately owned bus is being operated for compensation or hire, then our answer to question number one will apply, otherwise the laws gov- erning non-resident "passenger cars" would apply. Bearing in mind the fact that "rhartered busses" must necessarily import that the same are operated for hire or compensa- tion, it is our opinion that neitherprivately owned busses which are operated for hire or compensation, nor chartered busses, are entitled to privileges of a non-resident permit for a fee of fifty cents. The privilege of the fifty cent perm!:tfee is only for motor vehicles de?ined as passenger cars. Answering your question go. 4 you are advised that non- resident chartered busses and privately owned busses which are operated for hire or compensation, used for the transportation Honorable Julian Mont&mery, Page 3 (O-1415) of orchestras, ball playera, vau*vllle trouper, etc., rhould be granted the privilege of making two trlpr per calendar month or not over four dayr each Into the State of Texar providing the State or country of the regimtretion of muchbun grant8 the aanteprivi- lege to motor vehicle8 of the onmetype registered in the State of Texas. It irr our opinion that a motor vehicle dercribed in your queetion Bo. 5 wou&dcome within the definition of a paaoengr cm end rhould be registered 8116uch. Article 82’?b demrfbe6 pas- aenger car arr iollows: “‘Parraenger car’ means any motor vehicle other than B motorcycle or a bus an defined In thir Act designed or used primarily for the tmmportation of peram,” Trusting that the foregoiag fully anmrr your inquiry, we are Your0 very truly APPROVED SRP 18, 1939 ATINRIW GERERAL OF TEXkS /a/ Qersld C, Mann A!momRY OERERALOFTEXAS By /BJ/ Richard H. Cocke Richard B. Cocke Amietsnt APPROVED OPINION COMMTlTRE BYJII B.W.B. c!xAIRMM