Texas Attorney General Opinion: O-805 Page: 3 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Jack Bordon, May 20, 1939, Page 3
the schedule of the fees for such vehicles of respect-
ive weights.
Article 6675a-8b provides, in part, as fol-
lows:
"Provided that no vehicle shall be
registered with four wheels, or less, whose
gross weight, including load, exceeds 22,000
pounds; that no vehicle shall be registered
with six wheels, whose gross weight, includ-
ing load, exceeds 50,000 pounds; (axles of
the latter type to bespaced not less then 40
inches apart."
While the statutes contain no express provi-
sions that the gross weight of a motor bus shall be its
actual weight plus its net carrying capacity, we think
that under a reasonable construction of the foregoing
articles such would be true. Article 827a, Section 5a,
renal Code, provides that upon application for regis-
tration of any commercial motor vehicle, truck-tractor,
trailer or semi-trailer, the applicant shall furnish
his affidavit showing the weight of the vehicle and
further provides that a copy of the receipt issued
shall show the weight and that such copy shall be car-
ried on the vehicle at all times that same is on the
public highway. It is further provided that the affi-
davit or a certified copy thereof may be admitted in
evidence and shall be prima face evidence of the
weight thereof. However, we find no such provision
relative to the registration of motor busses.
It is difficult to understand from your ques-
tion just what information you need. Manifestly the tax
collector could not by issuing a license receipt for use
in connection with a motor bus which is not entitled to
be registered estop the State frame enforcing its laws
relative to the operation of such motor busses.
In the case of Opp vs. State, 94 S. I.V (2nd) 180,
the defendant had registered his automobile in a county
other than that of his residence. He was prosecuted for
operating an automobile without a license. Conviction
was stained.
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-805, text, May 20, 1939; (https://texashistory.unt.edu/ark:/67531/metapth257985/m1/3/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.