Texas Attorney General Opinion: C-225 Page: 1 of 4
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ThE ATTORNEY GENERAL
Col. Homer Garrison, Jr.
Director
Department of Public Safety
Austin, Texas
Dear Col. Garrison:Opinion No. C-225
Re: Whether, under H. B. 31, Acts
58th Legislature, a contract
carrier's- permit authorizing
the transportation of a cer-
tain chemical used in treat-
ing oil wells, is required
of an independent contractor,
under the stated facts and
related question.You have recently requested of this office an opinion on
the following questions:
"Question No i1: Under the conditions out-
lined in situation No. 1, is a contract carrier's
permit authorizing the transportation of the chemi-
cal used in treating oil-wells required of the
independent contractor who has entered an agreement
as caretaker of a number of oil wells when such
transportation of the chemical for which he is
accountable is merely incidental to performance of
the total contract?
"Question No. 2: Under the conditions out-
lined in situatioh No. 2, is a contract carrier's
permit authorizing the transportation of the pipe
fittings used in pipe fitting work required of the
contractor who has entered an agreement to perform
the necessary pipe fitting work at oil well or oil
storage sites when such transportation of the fit-
tings for which the contractor is accountable is
merely incidental to performance of the total
contract?"
The fact situations you refer to are as follows:
"Situation No. 1: An individual enters an
independent contract with an oil company as care-
taker of a number of oil wells. His responsibilities- 1094-
AlOcl~ cloxn
OF TEXAS
Urch 12, AS1964
March 12, 1964
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-225, text, March 12, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268644/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.