Case Information
*1 OFFICEOFTHEATTORNEYGENERALOFTEXAS
AUSTIN
oIu&m 0. MANN
,~*--
Honorable James E. Kflday, Director
Motor Transportation Dlvislon
Railroad Co~lssion of Texas
Austin, Texas
Dear Sir:
Station being between ZHXI yerda apart on key and one cmd'one- ;a apart oa enother r letter of June 9, 1999, is8 of Bryan and GolLoge t there ia a dlstama or per to Gollego Station proper, been extended suoh that now ne-hs1r pilss betneen the oitp 06 on hlgbway IJo. 6 (new highway) and 800 and SO0 yards between the aity' on highway Ro. 5 (old highway); You here are oetiain aotoi rshloles uarqlng now operating regularly aver said twe hl@k our opinion aa to whether~or not the Rall- mad Coirmirslon would bavq jarisdlation over such nmtior VehiOl88 and whether the operators thereor nmat obtain aertirioatss 0r oonlrenisnae and neoesslty from end bo regulated eeoopdingly by the Railroad CommZss~on.
fctiale 911-a, Revl~ed Cltll Statutes, provides for *2 Honorable James E. Klldoy, P, ge 2
tho regulation of motor buses by the RaIlroad Cormnlsslon. Seotion l-o of sold Artiols 911-a reeds es follows:
“(0) The term ‘Motor Bus Cornp~~y~ when used In this Act (Artiole 911-a; P. C.
.1590-s) means every corporation or persons
as herein defined, thslr lessees, trustees, or trustees nppointed by any reoelvecs, court whatsoever, owning, oontrolllng, op- erating, or managing any motor propelled passenger vehicle, not usually operated on or over ralla, and engaged In the business transportlag persons r0r compensation or hire over the pub110 hIF)lwaya within the Stats of Texas, whether opcratina, over fixed routes or fixed schedules, or otherwise; provided further, tk~:t the term Wotor Bus Company’ as used In thlo kot (krtlole 911-n; P. C. 1590-a) shall not, Include oorporztions or persons, their lessees, trustees, or re- oelvers, or trustees 2ppoInted by any oourt $yheteoever, inoofar as thop 0x5, oontrol, operate, or aYclnage motor propelled passenger vehlola? operated wholly within the limits of any incorporated town or city and the sub- urbs thereof, vihether seporotely inoorporated or otherwise.”
Seotlon 4-a of sald Artiole 911-a reads as follows:
“(a) The Coemisr:lon la hereby Vested *’ with power end authority, and It is hereby made Its duty to supervise and regulate publio servioe rendered by every motor bus oompany operating over the hlshwuys In this to rlx or approve the maximum, or State, minimum, or zaxlnum and mlnlmum, rares, rates or charges of, and to prescribe all rules 2nd regulations necessar.; for the CoverTslent or, each motor bus company; to prescribe the routes, schedules, servioe, and safety oi operations of each such motor bus company; to ooqulre the riling auoh *3 ,
Honorable James E. Klldsy, Page 3
annual or other reports and or such other data by suoh motor bus company as the Com- mlaslon may deem necessary,*
Seotlon 4-b or said Article 911-a rends as hollows:
“(b) The Commlsnion le hereby vested with authority to supervise, oontrol and regulate all terminals ii motor bus oom- penles, Inoludlng the location of taollltles and charges to be made motor bus oompanlec ror the uss of such terminal, or termlnl; th*>t the Co:~~IscIoa shall have no provided, authority to Interfere in any way wlth valid oontracts exlstinq between motor bus oom- panics nnd the owner or owners of motor bus terminals at the time of the passage of this Aot. (Article 911-a; F. C. art. 1690-a)” Seotlon 5 of said ArtIole 911-a reads in part as r0n0ws:
"sec. 5. No motor-bus oompsnp shall hereafter regularly operate for the trans- portation persons as passengers ror oom- pensatlon or hire over the public hi&ways or thle State without rlrst having obtained rrom the Cb!nmisr.lon under the provlelons this Act (..irtIole 911-a; P. C. art. 1690-a); s oertlrioate or permit deolaring that the pub110 oonvenienoe and neoessity requl re such operetlon; . . .”
There la 50 need for the purposes of this opinion to oop~ further rrom the above statute. It Is evident from the quotetlons which ~;e have given tbt the fiellrond Commls- sion is vested with authority to supervise and regulate public servloe rendered by every motor bus oon~any operating over the hIr;hways in this sthter Seotlon l-o of said Artlole 911-a Cerlres the term %oC,or Bus Company." Brierly it in- oludes every person or corporation operating any motor pro- pelled passsnEer vehicle except railroads and engaged in the business of transporting percons for compensation or hire *4 . Honorable Jamae E, Kilday, Paje 4
over the pub110 hr’ghways Of thls state. There Is exoepted from this deflnitlon those whloh are opemted wholly wlthln the llmlts of any lnoorporated town ar olty and tha suburbs thereof, whether separately incorporated otherwise. Prom the taots v:hloh ym submit to US there 1s a short strip on eaoh of the hlghwaye connectln~ these two cities which 1s not within the oorporate Units of either of them and over w’loh motor vehlolea carrying passenger& ror hire &re now Howver short a pleoe or highway my opsrttlng regularly. to the Railroad be, jurlsdlctlon 1s given by the statute the operation thereon of motor ve- Commiadon to regulate hloles oarrylng passengers for hire unless such hlghway be within the limits of er incorporated tom or olty and the suburbs t!; meof. Our answm to your question 1s an affirmative one.
Your6 very truly ATTOiiIiEY G’?SZikt 0,” T2WS By kd- Glenn ic. Lewis Assistant CRL: FL
APPROVEDJW 24, 1939