OFFICEOFTHEATTORNEYGENERALOFTEXAS
AUSTIN
oIu&m0.MANN
,~*--
Honorable James E. Kflday, Director
Motor TransportationDlvislon
Railroad Co~lssion of Texas
Austin, Texas
Dear Sir:
Station being between
ZHXIyerda 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 jarisdlationover such nmtiorVehiOl88
and whether the operators thereor nmat obtain aertirioatss0r
oonlrenisnae and neoesslty from end bo regulated eeoopdingly
by the Railroad CommZss~on.
fctiale 911-a, Revl~ed Cltll Statutes,provides for
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,
reoelvecs, or trustees nppointed by any
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
or 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 aYclnagemotor 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 the
publio servioe rendered by every motor bus
oompany operating over the hlshwuys In this
State, to rlx or approve the maximum, or
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 or auoh
, .
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;
provided, th*>t the Co:~~IscIoa shall have no
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 or 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
or 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 the
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
. .
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 or 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
opsrttlng regularly. Howver short a pleoe or highway my
be, jurlsdlctlon 1s given by the statute to the Railroad
Commiadon to regulate the operation thereon of motor ve-
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
ATTOiiIiEYG’?SZikt 0,” T2WS
By kd-
Glenn ic. Lewis
Assistant
CRL: FL
APPROVEDJW24, 1939