THEA NEYGENERAL 

August 15,1951 

Hon. D. C. Greer 

State Highway Engineer 

Texas Highway Department 

Austin, Texas 

Dear Sir: 

Opinion No. V-1237 

Re: Authority of the Highway 

Commission to authorize 

motor buses to have priority over other traffice in 

boarding the GalvestonBolivar ferry. 

Your request for an opinion reads: 

‘Coastal Coaches, Incorporated, has filed with the 

Highway Commission an application for priority or preferential use of the Galveston-Bolivar ferries by its motor buses on holidays, week ends and all other times wheti 

traffic using such ferries is heavy enough to prevent such 

coaches from obtaining space on the first ferry boat leaving the terminal after the arrival of such bus. Inasmuch 

as the Galveston-Bolivar ferry is operated as a part of the 

Texas Highway System, the Highway Commission is doubtful of its authority to extend a preferential or priority right 

to the Coastal Coaches, Incorporated, to use the ferries in 

this manner, and has directed ma to request your opinion 

and advice on this question. 

“It will be appreciated if you will advise me, at your 

early convenience, if the Highway Commission has legal 

authority to grant the application of Coastal Coaches, Incorporated, should it be considered desirable to do so.” 

The records of the Railroad Commission of Texas reflect 

that Coastal Coaches, Incorporated, is a common carrier motor bus 

company operating over the highways of Texas for compensation and 

hire pursuant to authority granted it under the provisions of the Texas Motor Bus Law [Article 911a, V.C.S.]. 

The authority of the State Highway Department to operate 

ferries is contained in Article 6812a, V.C.S., which, in so far as 
Hon. D. C. Greer, Page 2 (V-1237) 

pertinent to your inquiry, provides: 

“Section 1. The State Highway Department is 

hereby authorized to acquire by purchase, and/or to 

construct, maintain, operate and control ferries, out 

of the Highway Fund of the State of Texas, over and 

across any bay? arm, channel or salt water lake emptying into the Gulf of Mexico, or any inlet of the Gulf 

of Mexico, any river or other navigable waters ofthis 

State where such ferries connect designated State highways, and which may be made self-liquidating or partially self-liquidating by the charging of tolls for the 

use thereof.” 

Nothing in the above statute indicates that, in the operation 

and control of a ferry, the Commission may grant preferences or 

priorities in the use of such ferries. 

The principle applicable to your question is stated in 40 

C.J.S. 253, Highways, Sec. 233, as follows: 

“The primary and preferred use of the highways 

of the state is for private purposes of the public, and 

no one can acquire a right to a special or exceptional 

use of a public highway not common to all the citizens 

of the state except by grant from the sovereign power.” 

The above rule has been followed in Texas. City of Dallas 

v. Harris,157S.W.2d 710 (Tex.Cia.App., 1941, error ref.); Railroad 

-ion of Texas v. Smith, 57 S.W.2d 290 (Tex. Civ. A-); 

Railroad Commiss’ion of Texas v. Bradberry, 57 S.W.2d 294 (Tax. 

Civ. App., 1933). 

We are therefore of the opinion that, in the absence of express legislative grant, the Highway Commission does not have 

authority to grant priorities or preferences in the use of a ferry 

under its control to a common carrier bus line merely to relieve 

the carrier from delays caused by the buses waiting their turn 10 

board the ferry. 

SUMMARY 

The Texas Highway Commission has no authority 

to grant buses operated by a common carrier motor 
,.. f 

Hon. D. C. Greer, Page 3 (V-1237) ‘ 

bus line priority over other vehicles during heavy 

traffic in boarding the Galveston-Bolivar ferry. 

Yours very truly, 

APPROVED: 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

PRICE DANIEL 

Attorney General 

ByQ245iW& 

Ned McDaniel 

Assistant 

NMcD :mf