Attorney General Opinion WW-1283

THE ATTO~CNEY GENERAL 0~ TEXAS Au- 1%. Texas March 26, 1962 Hon. Harold Hollingeworth Opinion No. WW-1283 County Attorney Kaufman .C~ounty Re: Whether Article 286a of Kaufman, Texas Vernon's Penal Code applies to the sale of mobile homes. Dear Mr. Hollingsworth: In your recent letter you request an opinion as to whether Article 286a of Vernon's Penal Code prohibits the sale of mobile homes (house trailers). Article 286a provides in part as follows: "Section 1. Any person, on both the two (2) consecutive days of Saturday and Sunday, who aells or offers for sale or shell compel, force,or oblige his employees to sell any . . . motor vehicles; . . . shall be guilty o$ a misdemeanor. Each separate sale shall constitute a separate offense." The prohibition of the Act includes "motor vehicles." It does not cover mobile homes or house trailers. A motor vehicle by definition is a self-propelled vehicle. Article 67Olh, Section 1, Subdivision 3, Vernon's Civil Statutes; Article 6675a-1, Section (b), Vernon's Civil Statutes; Prudential Insurance Company of Great Britain ,v. Associated P. Lloyds 250 SW2d 477~ 479 480 (Ci 36-1, A Article 14 Section 1: Veion's Pen% C% 19521 Compare wheri for the purpose of the Motor Vehicle Certificate o$ Tltle'Act, the term "motor vehicle" includes "house trailers." Inasmuch as mobile homes or house trailers are not self-propelled they are notincluded In the Items which cannot be sold under the prohibitLoon of Article 286a, V.P.C. However, we call your attention to Article 286, V.P.,C. which provides that: '*Any merchant, grocer, or dealer in nmres or merchandise or traders in any business whatsoever, . . . or the agent or employee sell, barter person, who shall . . . on Sunday shall be fined not han Twenty or more than Fifty Dollars." Hon. Harold Hollingsworth Page 2 Opinion No. WW-1283 The constitutionality of these Sunday laws has been upheld. Gabel v. Houston, 29 Tex. 336 (1867) Bohl v. State, 3 Cr‘im. Reports, 683; Usener v. State,8 Ers Reports 177; Ex Parte Sundetrom,-83!! 207 Whitcomb v. State, 17 S!?-258 LJ? [T ex. App. 18881, ,' SW 642 (T ex. App. 1891, Todd v. State, 6, A p. (Tex: Crg: 1 59). B 1892);'and Clark v. State, 319 .%?d It is therefore our opinion that whereas Article 286a does not prohibit the sale of mobile homes or house trailers on either of the two consecutive days of Saturday and Sunday, hibit such sales on Sunday. Article 286, V.P.C.,does pro- SUMMARY Article 286a, Vernon's Penal Code, does not prohibit the sale on both the consecu- tive days of Saturday and Sunday of mobile homes or house trailers. Article 286, V.P.C., does prevent the sale of mobile homes or house trailers on Sunday. Yours very truly, NVS:bjb APPROVED: yAfii?Lr~4 Assistan; Attorney General OPINION COMMITTEE: W; V. Gap ert, Chairman IrwinR. z almanson Iola Wilcox W. 0. Shultz REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.