*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

HONOAB10 F. L. W11son Assistant Criminal District Attorney E1110 County Wexahach10, Texas

Dear 8111

Opinion No. 0-4776 Re: Whether or not an operator of a State H1343y Department truck-ueed to haul gravel is exempt from precurling a commercial operator's license.

We acknowledge receipt of your request for an opinion on the following question:

"Is a person exempt from cequiring a license as a commercial operator who is employed by the State Highway Department to haul gravel in a state highway ownership and is paid by the month for such services by the State Highway Department."

Section 2, Article 66874, Vernon's Annotated Civil Statutes, Subsection (a), provides as follows:

"No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway by this state unless such person has a valid license as an operator, a commercial operator, or a chyuffour under the provisions of this Act."

Subsection (b) of Section 1, Article 6687b, Vernon's Annotated Civil Statutes, defines a commercial operator as being:

"Every person who is the driver of a motor vehicle designed or used for the transportation of property, including all vehicles used for delivery purposes, while said vehicle is being used for commercial or delivery purposes."

*2

RONOrablo F. L. Wilson, Page 2

In your inquiry you advise that the poroon in question 10 operating a motor vehicle upon the highways of this state and is hauling gravel therein. There can be no doubt but that this pergon comes within the definition of the term "commercial operator" unless ho is oxempt from procuring a license under the terms of section 3, Artiole 6537b, Vernon's Annotated Civil Statutes, An oxamination of said section 3, supra, does not reveal that the Legislature made provision for the exemption of employees of the state of Texas.

Prusting that the foregoing fully answers your inquiry, ve are

APPROVED AUG 242942

FIRST ASSISTANT ATTORREY GENERAL

Yours very truly

ANCIEI