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Untitled Texas Attorney General Opinion
O-4182
| Tex. Att'y Gen. | Jul 2, 1941
|
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*1 Ron. Tom &Berry, Member Opinion MO. a182 Stafe Board of Control

.kustln, Texas Ret E’umbase of Plc!nap truuk D%ar sire Your letter of Gatober jl asks th%s department

whether a coupe pickup truck may be mchased by you at a ride exoeedlng $7~.00 (ticludlng the trade-in value of e he used ear) und,er the provisions of Section 2, subaectlon X4, General Prwlsions, Senate Bill 423, Aots Regular Ses- a%cm 47th Legislature, reading as followsr n(l4) Uurcbase of passenger ears. Moo moneys herein approprlatsd shall be spent for the purehuae of a passenger ear in excess f9r Sevsn QWred P’lfty ($750.00) Dollars, including the frade-in velue of t&e used ear, and t&r UrLted pr%ce shall cwer a aar equi.p ed rlth and extra rim or wheel but LIQ an extra e or ‘tube.”

7th advise that the .picSuxp ?XW@ 5s aonticted exaotly like a passenger soUpa with the *xnexptitm that it paG%&trdk body behin&the seat ratker than the You alsa advise thag *heha Chrwliet ~truek & a book as w& as the automobIle dealer* P market record, Bfi

elasiaify <ha plekup as a commercial motor TehlCle~.

Under the above r3.d~~ it is oux spfnicm that the queetlon whether the automoblle iwofved im a ~npaarenger ear” is to be determIned by condderirrg its desiga and~ean&ru~lon. XX it; is derigned and construeted by the.. msnuf’acturer for the prtmary use of oqrrylng paasengeirs It is. ‘8 “passengBF aarm, and within the rUer; if if ‘ie dedgned ‘and aaostr~ted for the ~pr%mary purpose of transporting property, it Ir not tiWi.n the ridur q-ted.

The pickup coupe debaribedl we balim, $8 clearlp designed and constructed priBlerri1 fog! ‘use ln trans@ing property; hence it is not wI.th3.n f he ri.der.

we awnate that the .mh%de is to be used ~OZ tha pose far whioh It la deslaed. We da not meen to etV&ViSt tE- *2 Ron. TomDeBerry-Page2

the above, rider may be evaded by pnrchas3ng a vehiole de- signed and construeted primarily for the pUrpoae of tram- portiag property, with~the purpose to use the veh.%kle ex- clusfvuly for the $mnsportatlon of passengers.

We return to you herewith the emlosnres appended to your letter of request..

Yours very truly Al'TORHJ3YGElfEiUL OF!CIiXkS By /s/ B. W. Falmblld R. W. FalrcMld, Assistant

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1941
Docket Number: O-4182
Court Abbreviation: Tex. Att'y Gen.
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