Untitled Texas Attorney General Opinion ( 1942 )

Honorable G. G. Roane Opinion No. O-4464
County Attorney
Fort Bend County Re: Construction of Subsec,tion (e),
Richmond. Texas Section 1, of Article 6687b; Sub-
section (c), Section 1, of Article
911a. and Section 5 of Article
911a, Vernon’s Texas Civil Sbt-
Dear Sir: UteS
‘We acknowledge receipt of your request for an opinion of this
department upon the following facts:
.“There are ten men living here in this County who
are working at Freeport. and for their mutual saving, they
have bought a large sedan and are operating this car be-
tween Rosenberg and Freeport. They own this car and on
account of the shortage of rubber they will be able to get
tires and go to and from their work at Freeport. They do
not carr’y any other persons and are not operating a bus.
but as above indicated these ton men have gone together
and are operating the one car,.
‘This morning one of the patrolman asked me whether
or not these men were operating a bus and I told him that in
my opinion they were not, but that I would write for an opfn-
ion from your Department. I would appreciate you advising
me right away.”
While your request does not so state, we infer therefrom that
you have reference to whether or not these men are operating a ‘motor
bus” as contemplated by the statutes above referred to.
Subsection (e), Section 5. Article 6687b. supra. reads as fol-
lows:
“(e) ‘Motor Bus.’ Every vehicle, except those operat-
ed by muscular power or exclusively on stationary rails or
tracks. which is used in transporting persons between or
through two or more incorporated cities and towns for corn-
pensation (or hire), whether operated over fixed routes or
otherwise; except such of said vehicles as are operated ex-
clusively withii the limits of incorporated cities and towns
and suburban additions thereto.”
Hon. G. G. Roane, Page 2 (O-4464)
Subsection (c). Section 1 of Article 911a. reads in part as
follows:
“The term ‘motor bus company’ when used in this
act * * * means every corporation or person as herein
defined * * * owning, controlling, operating or managing
any motor propelled passenger vehicle, not usually operat-
ed’on or over rails, and engaged in the business of trans-
porting persons for compensation or hire over the public
hzghways withm the Stat fT h ther operating over
fixed routes or fixed sc~eodule’s”“o~‘o”neise * * *.” (under-
scoring ours)
Section 5 of Article 911a provides as follows:
~“No motor-bus company shall hereafter regularly
operate for the transportation of persons as passengers
for compensation or hire over the public highways of this
state without first having obtained from the commission
under the pr-ovisions of this Act * 8 * a certificate or per-
mit declaring that the public convenience and necessity re-
quire such operation. * * * .”
While your request does not so state, we assume therefrom
that no person is operating the motor vehicle in question for compensa-
tion or hire. In order for the vehicle to come within the provisions of
the above quoted statutes, it is necessary that the operation be for com-
pensation or hire.
You are, therefore, advised that the vehicle in question is not
a motor bus within the provisions of the Articles of above reference.
We have had before us a similar question in our opinion No.
O-4317 and are attaching hereto a copy of that opinion.
Trusting that the foregoing fully answers your inquiry, we are
APPROVED MAR 13. 1942 Yours very truly
/s/ Grover Sellers ATTORNEY GENERAL OF TEXAS
FIRST ASSISTANT
ATTORNEY GENERAL By /s/ Richard H. Cocke
Richard H. Cocke
Assistant
RHC:ej /cm
Encl. APPROVED
Opinion
Committee
By /s/ BWB
?7halrman