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