No. V-0035 (1947).

• Case Date: February 17, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0035 (1947). 1February 17, 1947Honorable K. D. HallCounty AttorneyRefugio CountyRefugio, TexasOpinion No. V-35Re: Whether a person pulling a combine with a tractor over a state highway violates Article 827a, Vernon's Penal Code, unless he has first obtained a special permit in accordance with the provisions of Article 6701a, Vernon's Annotated Civil Statutes.Dear Sir:Your letter of January 7, 1947, in which you request an opinion of this department on the question contained therein, has been referred to the writer for attention. Your letter is in part as follows:

"...

"I would like to know whether or not a party pulling a combine over the State Highway with a tractor is violating the above Statutes, to-wit: 827a, Section 3a, if he did not have a special permit to pull such combine over said highway as is required by Article 6701a; in other words, is a combine an "implement of husbandry" under the Law of Texas?

"For your information, a combine, as you may know, is used for the purpose of harvesting small grain, and the one I have in mind is more than eleven (11) feet in width.

"In my opinion the intention of the Legislature was to permit all farming equipment to be moved over the highway without a special permit. The definition of "implements of husbandry" as provided in Article 6675a-1 (r) above, is somewhat indefinite, especially in view of the fact that the phrase 'as used in tilling the soil' is within the definition. The way this definition reads, it could be interpreted to mean implements strictly used for the tilling of soil,

2

such as the plow..." (emphasis supplied).

Article 827a, Section 3a, Penal Code of Texas, reads as follows:

"No vehicle shall exceed a total outside width, including any load thereon, of ninety-six (96) inches, except that the width of a farm tractor shall not exceed nine (9) feet, and except further, that the limitations as to size of vehicle stated in this section shall not apply to "implements of husbandry" including machinery used solely for the purpose of drilling water wells, and highway building and maintenance machinery temporarily propelled or moved upon the public highways." Article 827a, Section 9b, providing a penalty for violation thereof.

Article 6701a, Section 1, Vernon's Annotated Civil Statutes, provides the following:

"When

...