Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAB
AUSTIN
Honorable Ernest kina
CoontT Attorney
El Pa80 Gaunt7 EZI. Paso, Texa8
Dear Blrr. OtdM:
dot, where tha not contemplate 0 bur in perroa, emploferr~uh+are to be bonded. aipt your letter thl6 lkpartmat upon he Weltor Qommon Sohool w for approval, a bur one E. P. ~Samlerson, a6
~~,COO.OO, purporting to -a of the Rclrl13etl dtrll 84 to the bona in eontraat rnt*r*Q demon a& the Sahool Board, ana from that Sandorron wtll not drive aal bu8 that per8om wocklng for hlr WI&L s&o01 bus, an well a8 certain 6-6 owned by mm, as may be n8eded to tran8port the ohildren. As a prrrotiod matter, thi8 inVOlI%a the U80 Of tW0 ear8 of Sandereon's, ae well a6 the sohoo~ bus, an& Sanderson furnishes three of hi8 aab driver0 for thle work. They are not a party to tire bu8 &=lrera %norsble Ernest Guinn, page 2
bend, and the only bnnd vhich he is to furnish Is the one bond signed by hisself. He proposes to me different drivers for thle work.
*It Is my opinion that Article 2667-a oon- temlates the execution of a bus drivers bond by each driver vho Is to drive the children to sohool, Irreepectlve of the person or firm vlth whom the oontraot of employnent may be made and that the lev contemplate8 the Trustees knoi&g the pereone who will transport the cklldren.
aFor this rea8on I have refused to approve the bond as handed to me, end advised the Trurtess that I would submit the question to your department for determination.*
It Is the opinion of this Department that you vere right In deollnlng to approve the bond a8 tendered to you.
The matter the 6wffIclenoy of the bond IS fletermiaed by a OOn8tI'UOtIOn Of titIO1e 2687a Of Vernon'6 Annotate& Texas Statutes, vhhioh read8 a8 follors:
'Tha tI'U8tee8 Of Pny SOhO dl8trICt, OODpoll
or independent, making prorlsloazfor the transpartation of pupils to an% from school, shall fcf 6UOh purpoae employ contraot vlth a responelble perron or firm Ao person shall be employed to transport pupils, who is not at leaat twenty-one year8 of age,and a.ooapetent driver of motor vehicle6 and sound in body ana elnd. All motor vehioles operated by 8OhOO1 8lstrIot8, Uireotly or by contract, In the traneportatIon of pupils shall be covered an8 80 glassed or OUrt8l.ned at the sides ana rear a8 to protect the pupils from the inolemenciee of the weather, and shell at all. times equipped with efflolent lights and brakes. The drivers of e7ll sohool transportation vehloles shall be required to give bond for such amOUnt a6 ,the Board of Trustee6 of the dlstrlot may presorlbe, not less than $2,000.00, payable to the dletrlct, and. cond,ltloned Upon the faithful and careful discharge of their duties for the proteotion of the pup118 Under their char e snd falth?ul.per?ormanoe of the contract with (said 7 School Board; tmd they shell, before crossing
-., _ Xonorable Erneet him, -go S
any railroad or Interurban NiSvay traOk8, bring their vehiolee to a dead atop. Failure to 8top before oro88Ing suah rdlway a8 provided herein &all forfeit the drivers aoatraat and, In aaea of aooldent to pupil8 or vehialee the bond rball be rorrelted anB the~uount and a11 right thereunder 8h&l1 be determined by a oourt Of oompetent Juri8- tllotlon.a
We think this rtatute aontemplater that the
oontraat driver i8 the %lriver' who required by the 8ta- tute to exeaute the bond. fro6 thi8 it further fOllOW8 that th8 statute OOnte@ates suoh OOntlrOt driver lhill l atually operate the rohool bu8, anb iok- these reason8 the 8tatute would hare to be aomplled with to result in 8tatutory bond.
It may be, and probably Ictx~ethatr oontraat driver who has exeouted a bontl would in a proper aeli llbble for the negligenae 0s aa uaboabed l mployea driver, but th18 would be upon the pr%naiple 41 ooatzmet aommon law liability pdd not that of statutory lIabIllt~,
Your8 very truly ATTOiMEY IXWERAL OF TEXA8 Oo%e flpeer h8illtULt APPROVEGJAN 10, 1941 08:Am
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ATTORNEY GlU:XRAL 02 TUNAS