Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
GROVER SELLERS ATTORNEY GENERAL
Honorable Beauford H. Jester, Chairman The Railroad Commission of Texas Austin, Texas
Dear Sir:
Opinion No. 0-629 He: whether Ive poultry is included in the term livestock as used in article 911b, "ea 1 (1) of the involved Civil statutes of Texas and relate questions.
Your request for our opinion on the herelimbove ceptioned matter has been received by this department. We quote from your letter as follows:
"Article 911", Section 4 (2) Revised Civil statutes of Texas, defines the term 'прееіеlized Motor Carries', and provides that the term shall include these carriers who engage or desire to engage exclusively in the transportation of several proudly to the 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 - 1 -
*2 Hon. Beauford H. Jester, page 2 "Property requiring specialized equipment is limited to "comodities which by reason of length, width, weight, height, size, or other physical characteristics require the use of special devices, facilities or equipment for their loading, unloading, and transportation. "Will you please advise whether live poultry in property requiring specialized equipment for transportation and handling thereof, where the applied for a certificate pleads and his proof supports his pleading that (1) live poultry requires special facilities such as wire coops for their loading, unloading and transportation? Or, that the applied proposes to use a special motor vehicle peculiarly adapted to the transportation of live poultry, in that the bed of the truck or trailer has several decks or floors which pernite the transportation of a large quantity of live poultry from rural and urban live poultry concentration points to Texas cities and army camps, and the demand for this service arises by reason of a shortage of refrigerating facilities, gasoline rationing and other conditions and difficulties attributed to world War II. "In connection with the first question, will you please advise whether the Commission is authorized to determine if livestock should or does include live poultry in considering necessity and convenience for a proposed specialized Motor Carrier Service. "In connection with the second question, will you please advise whether the Commission should determine under the pleading and proof pertaining to a given application, if live poultry in property requiring specialized equipment, and if the specialized equipment proposed to be used by an applied is of such a nature as to come within the statutory definition of the term."
*3 Hon. Beauford H. Jester, page 3
Article 911b, "eotion 1(1) of the Revised Civil f́tatutes of Texte, reads in part, as follows: "(1) {Specialized motor carrier" means any person omining, controlling, managing, operating, or causing to be operated any motor-propelled vehicle used in transporting, over any public highway in this state, over irregular routes on irregular schedules, for compensation and for the general public with specialized equipment, property requiring specialized equipment in the transportation and handling thereof; provided, that the term 'specialized motor carrier' as used in this act shall not apply to motor vehicle s operated exclusively within the incorporated limits of cities or towns; and provided farther the term 'specialized motor carrier' as used herein shall include those carriers who engage or desire to engage exclusively in the transpor- tation of livestock, livestock feedstuff, grain, term machinery, timber in its natural state, milk, wool, mohair, or property requiring specialized equipment as that term is hereinafter de- rined, or any one, or more, of the foregoing named commodities.
"For the purpose of this act, the term 'specialized equipment' includes, but is not limited to block and tackle, hoists, cranes, windlasses, gin poles, winches, special motor vehicles, and such other devices as are necessary for the safe and proper loading of unloading of property requiring specialized equipment for the transportation and handling thereof.
"For the purpose of this act, the term 'property requiring specialized equipment' is limited to (1) oil field equipment, (2) house- hold goods and used office furniture and equipment, (3) pipe used in the construction and maintenance of water lines and pipe lines, and (4) commodities which by reason of length, width, weight ; height, size, or other physical character require the use of special devices, facilities, or equipment for their loading, unloading, and transpor- tation....."
*4 Hon. Beauford H. Jester, page 4
A careful study of the foregoing provisions indicates that the "specialized equipment", within the meaning of the statute, pertains to the motor vehicle operated by the "specialized motor carrier", and has no reference to the necessary equipment furnished by the truck owner, such as coops, feed and water facilities, and the like, in connection with the shipping of live poultry. On the other hand, the carrier has no need for a permit as a specialized motor carrier, where he merely picks up and transports poultry in the condition in which it is tendered and accepted for transportation; that is, in coops with feed and water accessories furnished by the shipper. We think that the applicant is entitled to a special motor carrier's permit where he proposes to use a special motor vehicle peculiarly adapted to the transportation of live poultry.
In view of the above answer, we do not deem it necessary to answer your other questions.
Trusting that this satisfactorily answers your inquiry, we are
Very truly yours,
ATTORNEY GENERAL OF TEXAS
By
By
By
C. G. Davis, JE. Assistant
JDD:18
J. G. Davis, JE. Assistant