1939 Book 8 Texas Attorney General Reports and Opinions 1 (1939)

handle is hein.sag/sagtx0165 and id is 1 raw text is: TE A'rroNpY [ENm L

MWEOF T3UEXAS
Gerald Co Mann            Auwnnr 11. Tmgz~
Railroad Commission of Texas    Opinion No. O-14O1
Austin, Texas                  Re: Application of Motor Car-
rier Law to operation of truck
Attentions Walton D Hood       for purpose of transporting oil
and gasoline under the provi-
sions of a lease contract exe-
cuted between a. Lawton Thomas
Dear Sir:                       and Lewis Oil Company.
We acknowledge receipt of your letter of September 8
1939, in which you request the opinion of this department on tAe
following statement of facts, which we quote from your letter:
I hand you herewith Lease Contract executed by
and between J. Lawton Thomas, first party and Lewis
Oil Company1 second party1 for the purpose of trans-
porting oil and gasoline.
It will be noted in paragraph 3 of this contract
that first party is to receive * cent per gallon for
each fifty miles hauled.
Paragraph 4 stipulates first party shall furnish
all gasoline, oil and grease used in the operation of
said truck.
Paragraph 5 states that first party shall keep
truck in good running order at his own expense, etc.
Paragraph 6 attempts to place all liability Car
accidents And damages incurred on first party, etc.
We consider this nothing more than a contract to
haul Cpr hire in view of the foregoing, especially para-
graph 3s yhich sets forth the proposed compensation.
Will you please give us an opinion regarding this
contract and whether or not you consider this a viola-
tion of the Motor Carrier Law?
The Motor Carrier Law is codified in Vernon's Annotated
Civil Statutes of Texas as Article 911b. Section 2 of Article
911b prohibits the operation of a motor carrier, as definibArin

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