Untitled Texas Attorney General Opinion ( 1958 )

THEA~TORNEY GENERAL OFTEX`` 'I*ILL WILSON AlTORNEY GICNERAI. July 15, 1958 Colonel Homer Garrison, Jr. Opinion No. WW 476 Director Texas Department of Public Safety Re: Jurisdiction of Rail- 5805 N. Lamar - Blvd. road Commission and Aust.lri, 'l'exas Department of Public Safety over Motor Carrier and Motor Bus Operations Between Con- tiguous Incorporated Dear Colonel Garrison: Cities. Your request for a clarification of Attorney General's Opinion No. ``-328,which related to the Railroad Commission's jurisdiction over motor carrier and motor bus operations over the Dallas-Fort Worth Turnpike, and in which you request our opinion on the following questions: 1. Is Art. 1690b, Vernon's Penal Code, vlolated by an uncertificated carrier hauling for hire who traverses a highway between incorporated cities or towns when the operation remains totally within corporate limits so that at no time Is the vehicle upon a highway in an unincorporated area? 2. Is your answer to No. 1 above the same for the Dallas-Fort Worth TurnpIke as it is for other highways of Texas? has been received. In Opinion w-328, we distinguished between motor carrier operations and motor bus operations, and we held that any motor carrier transporting property for hlre over the highways of this State between or through two or more incorporated cities was subject to regulation. While Opinion No. ww-328 was in answer to ques- tions concerning operations over the Fort Worth-Dallas Turn- pike, the conclusions of law set forth in such Opinion would Colonel Homer Garrison, Jr., page 2 (WW-476) be applicable ^ . to other highways in the State of Texas, and we are OS tne opinion that there is nothing in the Motor Carrier Act, Article glib, Revised Civil Statutes of Texas, as amended, which gives effect to the doctrine of contigu- ous municipalities so as to exeinptfrom regulation a carrier operating over the highways from one city.to another, even though such carrier at no time operates over a highway outside of the incorporated limits of incorporated cities and towns. All inter-city motor carrier operations over the public highways of this State are subject to regulation by the Railroad Commission of Texas. SUMMARY 1. Article 1690b, Vernon's Penal Code, is vio- lated by an uncertlficated carrier hauling for hire who traverses a highway between incor- porated cities or towns, even though the opera- tion remains totally within corporate limits, so that at no time lathe vehicle upon a high- way in an unincorporated area. 2. Our answer to No.1 above is the same for the Dallas-Fort Worth Turnpike as it is for other highways iii Texas. Yours very truly, WILL WILSON Attorney Gener orney General Assistant Attorney General r _ .- APPROVED: OPINION COSIMITTEE: Geo. P. Blnckburn, Chairman Ralph Rash &lley Eugene Fletcher W.O. Schulz II REVILG'EDFOR THX ATTORNEY (XENERAI, BY: W.V. Ceppert