Untitled Texas Attorney General Opinion

R-145 Ho& W. H. Crunk Caumty Attorney Delta County Re: Approval of School Bus Coaper, Texas Driver Bead by County School Beard where School District is re- ceiving State aiU un- tier Article V, Acts 1945, 49th Leg., R.S., Senate Bill 167. Dear Sir: We refer to your letter of recent date acknow- ledged by the Attorney General on February 19, 1947,where- in yeu requested an opinion on the question and facts sub- mitted therein, in substance, as follows: The Board of Trustees of the Enloe Inaepgnaent School District of Delta Count.. ty umaer previsions of Article 2687a, V.C.S., has authorized the drivers of t&eir scrhcel busses to execute.bond in the a- meant of $3,000.00 with personal sureties rather than corporate sureties. The Coun- ty Sakoel Beard has advised the District that it may authorize the making of per- sonal surety bonds provided the same shall be submitted to the County Board and ap- proved by it, Under provisions of Article V, Trans- portation Aid, Acts 1945, 49th Legislature, R.S. Senate Bill 167, school districts qualifying thereunder are entitled to State transportation aid to be disbursed by the County Board and to be paid out of thecoun- t$,Bloe;d Transportation Fund designated in The Enloe Independent Sohool Dis- trict i;l entitled to and is receiving State aid cut of this Fund. The School District, however, refuses to reoognize any authority in the County Sohool Board to make any re- quirements affeoting its power with refer- Hon. W. H. Crunk - Page 2 (V-139) ence to its School Bus Driver Indemnity Bona. Question: Under the facts sub- mitted, are the statutory bonds required by the Enloo Independent School District, acting under Article 2687a, V.C.S., to be executed by the drivers of its school bussea, subjeat to the approval of the Delta County School Board, where the School Distriot is receiving State aidunder pro- .visions of Article V, Aots 1945, 49th Ieg- islature, R.S., Senate Bill 1679 It is our understanding in view of the above submitted facts that the Enloe Independent School Dis- trict, acting under the provisions of Article 2607a, is providing for the transportation of pupils of and within the confines of the district, contracting for the’ employ- ment of one or more drivers of its school busses, and is paying the cost of said transportation and salaries of said drivers out of its local school funds ana Sta,te aid funds to which the distriot is entitled under Artiole V, Aots ‘1945, 49th ‘Legislature, R. S,, Senate Bill 167. We have been advised ,further, in ~conferenoe, with the Department of Education, that the district la question has two bus drivers, both of whom are under oon- traot with the District Board and both of whom transport pmplils- of and within the district as well as certain pupils from surrounding districts into the local district. The Enloe District ha8 made application for t$ansporta-~ tion aid under the provisions of Article V, Senate Bill 167, ana is receiving needed aid thereunder. Further, the system of transportation bears the sanction and ap- proval of the County Superintendent, the Delta County School Board and the State Superintendent of Public In- struction, acting under and by virtue of the provisibns of Article V, Senate Bill 107; which authorities acting in cooperation with the Enloe District, have devised and approved same as being the most economical transportation system possible. The bus drivers have been authorized to go without the Bnloe District for the purpose of trans- porting certain pupils attending schools within the dis- trict by virtue of an employment contract required of all bus drivers by the County Board who operate busses for districts receiving State aid under Article V, SenateBill 167, end all bus drivers who operate busses authorized to cress dfstriot lines, We are advised also that the Hon. W. H. Crunk - Page 3 (V-139) Co&ty Board has required that all bus drivers under contract to it, as a condition of the contract, con- form to the provisions of Article 2687a, which, among other matters, provides for the execution of a bona. Article 2687a of Vernon's Statutes relates to the intradistrict transportation of pupils. It pro- vides ror the making of a contract by the trustees of an independent or common school district for suchtrans- portation and presoribes that the drivers shall be re- quired to give bond, payable to the district, for such amount as the Board of Trustees of.the district may prescribe', not less than $2,000.00, and contains oth- er provisions not necessary here to state. .Robinson vs. Draper, 133 Ter. 280, 127 S. 1%'. (2) 181. Article V of Acts of 1945, 49th Legisla- ture, B.S., Senate Bill 167, relates to the interdis- trict as well as the intrrdiatriot transportation of pupils. It provides that the Ceamtg School Board and County Superintendent, subject to the approval of the State Superintendent of Public Instruction, may set up the most efficient system of transpertation possible for the purpose of tranap8rting pupils from their dis- tricts and within their districts. It further provides for the making of a contract by the County Board of Trustees for bus drivers for such tranapertafion and the payment of salaries of same out of the CountyBoard Transportation Fund when said bum drivers are employed by the County Board, and that the County Board of Fldu- oation shall aistribate funds im the County RoardTnns- portation Funds equitably te the eligible districts who have properly shavn budgetary need for State aid in ac- cordance with the provisions of the Act. There is no statutory provision in Senate ., Bill 167 with reference to a bona to be exacted by the County Board in oonnection with any contract which'it might make for the transportation of pupila. When, how- ever, a County School Beard, acting under the provis- ions of Utiole V, Senate Bill 167, employs bus drivers for imterdistriot ar int~diatriot transportation ef pupils in its mest economical system or transportation, said Board acting within its sound discretion may re- quire the drivers to eYecute bonds similar to the stat- utory bond requiredwE Article 2687a. Such authority naturally carI'$~es with it the right to approve such bond. Hon. W. H. Crunk’- Page 4 (V-139) Article V, Senate Bill 167, contemplates that a scho,ol district may continue to ~set up and op- erate its own transportation system for pupils within the district under Artiole 2687a when a district pre- fers to so operate same exclusively and does not make application for State aid. In such a case the statu- tory bond required under Article 2687a would not be subject to the approval of the County Board. On the other hand, Senate Bill 167 clear- ly purports and is designed to give State transporta- tion aid to those school districts showing need and making application for financial assistance, and in such instances the County Superintendent and County School Board are authorized and directed to set up the most economical system of transportation. In at- tempting to conform to the provisions of the Aot, the County Board has established the policy of allowing the eligible sohool districts to contract for the em- ployment of their own bus drivers. Since the District Board’s jurisdidtion is confined to the limits of its district and the bus drivers so employed are to trans- port pupils both within and without the distriot, the County Board has deemed it necessary to place said bus drivers under like contract, thus, enabling the bus drivers to perform both interdistrict as well as in- tradistrict transportation. As a matter of polioy al- so the County Board has required that all such bus drivers shall, as a condition of their employment) conform to the provisions of Article 2687a by execut- ing a bond in accordance therewith, and if approved by the Board, no additional bond is required. In the present case, the County Board may require a second bond if it is not satisfied with the District bond and if it deems another bond necessary for proteotion of the children transported, In other words, the County School Board has no authority to ap- prove a bond given by a bus driver to an independent school district.~ if the transportation is limited to students within the district and financed by the dis- trict. On the other hand, if the school district is operating the bus for transportation of pupils within end out of the Distriot and is receiving State aid un- der Senate Bill 167, 49th Legislature, this is a joint operation, and the County School Board has the right to either approve the bond given to the distriot or to require a separate common law bond. Hon. W. H. Crunk - Page 5 (V-139) Xhen independent school district bus drivers are transporting pupils both from within and out of the school district end' receiving State aid under Senate Bill 167, 49th Legislature, the County School Board has the right to approve the school bus drivers bond to the district or it may re- quire a second bond for the protection of the children being transported. Yours very truly ATTORNEYGENEFzAL OF TXXAS Chester $. Ollison CEO:ejm:wb Assistant APRIL 11, 1947