@ffice of tip !Zlttornep @eneral 

65tate of QLexaG 

DAN MORALES 

ATTORNEY GENERAL 

Mr. Michael A. Moses 

Commissioner of Education 

Texas Education Agency 

1701 North Congress Avenue 

Austin, Texas 78701-1494 

August 25, 1995 

Opinion No. DM-362 

Re: Whether a school district may 

purchase, lease, rent, or use for the 

transportation of students to and from 

school or school activities a motor vehicle 

that does not meet federal and state 

school bus safety standards and related 

questions (RQ-781) 

Dear Commissioner Moses: 

Your predecessor in office asked several questions about federal and state statutes 

regarding school bus safety. First, he asked about provisions of the National Traflic and 

Motor Vehicle Safety Act of 1966, 15 U.S.C. $$ 1381 - 1431.’ This federal statute 

requires the secretary of the United States Department of Transportation to promulgate 

federal vehicle safety standards for school buses and school bus equipment. Id. 

5 1392(i)(l)(A), (B); see also 49 C.F.R. part 571 (federal motor vehicle safety standards 

promulgated by the National Highway Traffic Safety Administration of United States 

Department of Transportation). The term “school bus” in the National Traffic and Motor 

Vehicle Safety Act is defined as 

a passenger motor vehicle which is designed to cany more than 10 

passengers in addition to the driver, and which the Secretary [of the 

United Stated Department of Transportation] determines is likely to 

be significantly used for the purpose of transporting primary, 

preprimary, or secondary school students to or from such schools or 

events related to such schools. 

15 U.K. $ 1391(14).2 Federal law fUrth& provides that no person shall “manufacture 

for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, 

‘The two provisions in the National Traffic and Motor Vehicle Safety Act pertaining particularly 

to school buses, 15 USC. g 1391(14), (15) and 15 U.S.C. 5 1392(i), were added to the act in 1974. See 

Act ofOct. 27, 1974, Pub. L. No. 93-492, $5 201-202, 1974 U.S.C.C.A.N. (88 Stat.) 1705~35. 

*The federal regulations define the term “school bus” somewhat differently: “School bus means 

a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and 

from school or related events, but does not include a bus designed and sold for operation as a common 

carrier in urban transportation.” 49 C.F.R 5 571.3@). “Bus means a motor vehicle with motive power, 

except a trailer, designed for carrying more than 10 persons.” Id. 
Mr. Michael A. Moses - Page 2 (DM-362) 

or import into the United States, any motor vehicle unless it is in conformity with [any 

applicable federal motor vehicle safety standard].” 15 U.S.C. 5 1397(a)(l). 

Your predecessor asked whether these federal provisions prohibit a school district 

from purchasing, leasing, renting or using any motor vehicle that does not meet the federal 

motor vehicle safety standards for school buses. Specifically, he asked: 

May a school district purchase, lease, rent, or use for the 

transportation of students to and from school or school activities a 

motor vehicle that does not meet federal school bus safety standards 

promulgated under 15 U.S.C.A. 1392(i), regardless of the vehicle’s 

rated seating capacity, the actual number of students being 

transported, or the purpose of the transportation service (daily route 

versus special purpose transportation). 

The federal provisions described above prohibit only certain activities, i.e., the 

manufacture, sale, introduction or delivery for introduction in interstate commerce, or 

importation of school buses. While these federal provisions apply to manufacturers, 

sellers, and importers of school buses, they do not appear to apply to purchasers, lessees, 

renters or users of school buses or other motor vehicles used to transport students., C’ 

Rauh Y. Jensen, 507 P.2d 520, 522 (Mont, 1973) (National Tragic and Motor Vehicle 

Safety Act is designed to protect general public from misdesign by automobile 

manufacturers, distributors, or dealers; it does not place duty on automobile owners to 

protect others).3 As discussed below, however, state statutes impose school bus safety 

standards on school districts. 

Your predecessor asked about two Texas statutes, article 6687b and article 6701d, 

V.T.C.S., which contain several provisions relating to school buses.4 Section 124(b) of 

article 6701d, for example, provides that “[elvery school bus. shall be equipped 

with signal lamps” according to certain specifications. See also V.T.C.S. art. 6701d, 

$5 105(c) (requiring every school bus to be equipped with convex mirrors), 107 (requiring 

every school bus to be equipped with fire extinguisher). A violation of a provision of 

article 6701d constitutes a misdemeanor “unless such violation is by [that article] or other 

law of this State declared to be a felony.” Id. 5 143(a). Section 5 of article 6687b 

imposes special licensing restrictions on any person who drives “any motor vehicle while 

in use as a school bus for the transportation of pupils to or from school.” As with article 

6701b, violation of a provision of article 6687b constitutes a misdemeanor “unless such 

3School districts should keep in mind the possibility, however, that federal motor vehicle safety 

standards for school buses and school bus equipment might be used as henclunsrks in liability cases 

against school districts involving school bus accidents. 

4As of September 1, 1995, both article 668% and article 6701d till be repealed and their 

provisions reorganized and recoditied in the newly-enacted Tnmsportstion Code. See Act of May 1, 1995, 

74th Leg., RS., ch. 165, $5 24 (repealer), 27 (effective date), 1995 Tex. SW.. Law Serv. 1025, 1870-71. 

The Transportation Code is a nonsubstantive revision of the law. See id. 5 25, at 1871. 

p. 1947 
Mr. Michael A. Moses - Page 3 (DM-362) 

violation is by [that article] or other laws of this State declared to be a felony.” V.T.C.S. 

art. 6687b, 3 44(a). 

Section 2(e) of article 6701d defines the term “school bus” as follows: 

every motor vehicle that complies with the color and identification 

requirements set forth in the most recent edition of standards as 

produced and sponsored by the National Commission on Safety 

Education of the National Education Association, Washington, D.C., 

and is being used to transport children to or from school or in 

connection with school activities, but not including buses operated by 

common carriers in urban transportation of school children. 

We will refer to the standards referred to in this definition as the “NEA standards.” Your 

predecessor stated that “[i]t is unclear exactly what vehicles are [subject to article 6701d 

as school buses] because the commission referred to in the definition of ‘school bus’ has 

not been in existence for some period of time and the requirements established by it are 

unknown.” He also pointed out that article 6687b does not define the term “school bus.” 

We note, however, that it does provide as follows: 

Words and phrases not defined in this Act but which are defined in 

the Uniform Act Regulating Traffic on Highways (Article 6701d, 

Vernon’s Texas Civil Statutes) shall have the meanings respectively 

ascribed to them in that Act. Words and phrases which are defined 

neither in this Act nor in the Uniform Act Regulating Traffic on 

Highways shall be read in context and construed according to the 

rules of grammar and common usage. Words and phrases that have 

acquired a technical or particular meaning, whether by legislative 

definition or otherwise, shall be construed accordingly. 

V.T.C.S. art. 6687b, 9 1 

The definition of the term “school bus” in section 2(e) of article 6701d refers in 

part to “the most recent edition of standards” of a private entity. In Dudding v. Automatic 

Gas Co., 193 S.W.2d 517 (Tex. 1946) the Texas Supreme Court suggested that a statute 

that prospectively adopts the future rules of an unofficial agency would violate article III, 

section 1 of the Texas Constitution. s In Attorney General Opinion DM-159 (1992) this 

office concluded that a provision of the Health and Safety Code that referred to outdoor 

shooting range “standards that are at least as stringent as the standards printed in the 

National Rifle Association range manual,” and failed to refer to a particular edition of the 

range manual, violated article III, section 1 for the reasons stated in Dudding. Like the 

statute at issue in Attorney General Opinion DM-159, section 2(e) of article 6701d 

5Article III, section 1 of the Texas Constitution provides as follows: “The Legislative power of 

this State shall be vested in a Senate and House of Representatives, which together shall be styled ‘The 

Legislature of the State of Texas.“’ 

p. 1948 
Mr. Michael A. Moses - Page 4 @M-362) 

prospectively adopts the mture rules of an unofficial agency. For this reason, we conclude 

that the reference to the NEA standards in the definition of the term “school bus” in 

section 2(e) of article 6701d is unconstitutional. 

Section 2(e) was amended to its present form in 1971. See Act approved 

April 27, 1971, 62d Leg., R.S., ch. 83, $ 1, 1971 Tex. Gen. Laws 722, 723. The bill 

enacting this amendment contains a severability clause that applies if “any provision of this 

Act or the application thereof to any person or circumstances is held invalid.” Id. 5 104, 

at 773. We conclude that only the reference to the NEA standards in section 2(e) is 

invalid and that the remaining language remains in effect. See Ohio Oil Co. v. Giles, 235 

S.W.2d 630, 637 (Tex. 195 1) (where statute contains words or provisions that are legal 

and others that are not, effect may be given to legal words or provisions by separating 

them from the illegal ones). Therefore, we construe section 2(e) of article 6701d to define 

the term “school bus” as follows: 

every motor vehicle that is being used to transport children to or 

from school or in connection with school activities, but not including 

buses operated by common carriers in urban transportation of school 

children6 

We believe this definition embraces both school buses owned and operated by school 

districts and, with the exception of “buses operated by common carriers in urban 

transportation of school children,” school buses that are privately owned and operated 

pursuant to a contract with a school district. See also infra note 13. We also believe it 

embraces passenger cars used for the transportation of students to and from school or in 

connection with school activities as provided by newly enacted section 34.003 of the 

Education Code, which was substantially revised by the Seventy-fourth Legislature in 

Senate Bill No. 1. See Act of May 27, 1995, 74th Leg., R.S., ch. 260, $ 1, 2207, 235 1 (to 

be codified as Educ. Code 5 34.003). See also infia note 12. 

With respect to article 6701d, your predecessor asked the following: 

May a school district purchase, lease, rent, or use for the 

transportation of students to and from school or school activities a 

motor vehicle that does not meet state school bus safety standards 

under [alrticle 6701d, Revised Statutes, regardless of the vehicle’s 

rated seating capacity, the actual number of students being 

transported, or the purpose of the transportation service? 

6We dissgrcc with the contention made in a brief submitted to this office that the definition of the 

term “school bus” in section 2(e) of article 6701d is meaningless. We also disagree with the contention 

that section 108A of article 6701d requires that the Texas definition of the term “school bus” must mirror 

the federal definition. Section 108A merely authorizes the Texas Department of Public Safety to establish 

vehicle equipment standards that are consistent with federal standards. The legislature, in enacting 

section 2(e), clearly intended to provide a separate, state law definition of the term “school bus.” 

p. 1949 
Mr. Michael A. Moses - Page 5 (DM-362) 

The application of the article 6701d school bus safety standards to which you refer, see 

V.T.C.S. art. 6701d, $5 105(c) (requiring every school bus to be equipped with convex 

mirrors), 107 (requiring every school bus to be equipped with fire extinguisher), 124(b) 

(requiring every school bus to be equipped with signal lamps), does not depend upon the 

rated seating capacity of a motor vehicle or the actual number of students being 

transported in the motor vehicle. Rather, the application of these provisions to a motor 

vehicle depends upon the purpose for which the motor vehicle is used. It is apparent from 

the article 6701d definition of “school bus” that these provisions apply to any motor 

vehicle used by a school district “to transport children to or from school or in connection 

with school activities.” See id. 5 2(e). Thus, it would appear that school districts are 

precluded from transporting students to or from school or in connection with school 

activities in motor vehicles that do not comply with the aforementioned standards.’ See 

also inta note 9. 

We lkther note that while the provisions of article 6701d at issue merely require 

that school buses be equipped with convex mirrors, V.T.C.S. art. 6701d, 5 105(c), fire 

extinguishers, id. $ 107, and signal lamps, id. 5 124@), section 105(a) of article 6701d, as 

amended by Senate Bill No. 1, authorizes the General Services Commission and the 

Department of Public Safety to promulgate comprehensive safety regulations for all school 

buses for the transportation of school children owned and operated by any school district 

or privately owned and operated under contract with a school district.8 Section 34.002(b) 

‘You do not ask and we do not address whether or to what extent federal law pre-empts these 

state school bus safety standards. See in@ note 8 (quoting 15 U.S.C. § 1392(d)). 

%ection 105(a), as amended by Senate Bill No. 1, provides as follows: 

The General Services Commission, by and with the advice of the 

Department of Public Safety, shall have joint and complete responsibility to adopt 

and enforce regulations governing the design, color, lighting and other 

equipment, construction, and operation of all school buses for the transportation 

of school children when owned and operated by any school district or privately 

owned and operated under contract with any school district in this State, and 

such regulations shall by reference be made a part of any such contract with a 

school district. Every school district, its officers, employees, and every person 

employed under contract by a school district shall be subject to these reguIations. 

Act of May 27, 1995,74th Leg., RS., ch. 260,s 56, 1995 Tex. Sess. Law Serv. 2207,249s. 

The National Traffic and Motor Vehicle Safety Act of 1966 contains the following provision: 

Whenever a Federal motor vehicle safety standard established under this 

subchapter is in effect, no State or political subdivision of a State shall have any 

authority either to establish, or to continue in effect, with respect to any motor 

vehicle or item of motor vehicle equipment any safety standard applicable to the 

same aspect of performance of such vehicle or item of equipment which is not 

identical to the Federal standard. Nothing in this section shall be constmed as 

preventing any State from enforcing any safety standard which is identical to a 

Federal safety standard. Nothing in this s&ion shall be construed to prevent the 

Federal Government or the government of any State or political subdivision 

p, 1950 
Mr. Michael A. Moses - Page 6 @M-362) 

of the Education Code, as enacted by Senate Bill No. 1, provides that “[elach school 

district shall comply with [these] safety standards.” See Act of May 27, 1995, 74th Leg., 

R.S., ch. 260, 5 1, 1995 Tex. Sess. Law Serv. 2207, 2351 (to be codified as Educ. Code 

§ 34.002(b)). A school district that fails to do so is ineligible to receive certain fimds. See 

id. (to be codified as Educ. Code 5 34.002(c)). Such safety standards also apply to school 

buses leased by a school district, see id. (to be codified as Educ. Code § 34.009(b)), or 

operated by a transit authority or commercial transportation company under contract With 

a school district, see id. at 2352 (to be codified as Educ. Code 5 34.008(a)(2)).9 

(footnote continued) 

thereof from establishing a safety reqnirement applicable to motor vehicles or 

motor vehicle equipment proonred for its own use if such requirement imposes a 

higher standard of performance than that reqnired to comply with the otherwise 

applicable Federal standard. 

15 U.S.C. 5 1392(d). 

The General Services Commission and the Department of Public Safety do not appear to have 

promulgated comprehensive school bus safety standards pursuant to section 105(a) of article 6701d. We 

have obtained a copy of a publication entitled Specifications, prepared jointly by the General Services 

Commission, the Texas Education Agency, and the Department of Public Safety, which contains 

minimum reqnirements for the wnstrnction of school buses purchased and used by Texas public schools 

participating in the Foundation School Program. 

9R~Uy enacted section 34.003 of the Education Code states in pertinent part: 

(a) School buses shall be used for the transportation of students to and from 

schools on school bus routes having 10 or more students 

@) To transport students in conneztion with school activities other than on 

school bus routes to and from school: 

(1) only school buses, buses chartered from motor bus companies, or 

district-omed buses meeting the safety standordsprescribedfor vehicles used by 

motor bus cornponies may be wed to transport 10 or more students in any one 

vehicle. 

Act of May 27, 1995,74th Leg., RS., ch. 260,s 1, 1995 Tex. Sess. Law Serv. 2207,235l (to be eodiied 

as Ednc. code 5 34.003) (emphasis added). Given that section 34.003 was enacted in the same legislation 

that enacted section 34.002 of the Education Code and rwised section 105(a) of article 6701d pertaining 

to safety standards applicable to “every motor vehicle used to transport children to or from school or in 

eonneetion with school activities,” we do not read the language italicized above to prescribe different 

safety standards for district-owned buses used to transport students in connection with school activities 

other than on school bus routes to and from school. Rather, we constme this language to require such 

vehicles to comply both with generally applicable safety standards and “safety standards prescribed for 

vehicles used by motor bus companies.” 

p. 1951 
Mr. Michael A. Moses - Page 7 @M-362) 

With respect to article 6687b, your predecessor in office asked: 

If a school district may transport students to and from school or 

school activities in a motor vehicle that does not meet federal or state 

school bus safety standards, must the driver satisfy the requirements 

for a driver of a “motor vehicle while in use as a school bus” under 

[section 5 of article 6687b] regardless of the vehicle’s rated seating 

capacity, the actual number of students being transported, or the 

purpose of the transportation service? 

Because we have concluded that a school district may not transport students to and from 

school or school activities in a motor vehicle that does not meet state school bus safety 

standards under article 6701d, it does not appear necessary for us to answer this question. 

We do note that the term “school bus” in section 5 of article 6687b, which governs the 

licensing of those who drive “any motor vehicle while in use as a school bus for the 

transportation of pupils to or from school,” has the same meaning as it does in article 

6701d.‘O 

Your predecessor also asked about section 4.18 of the Education Code which 

provided in pertinent part as follows: 

(a) All vehicles used for the transportation of pupils to and/or 

from any school or college shall have a sign on the front and rear and 

on each side of the vehicle, showing the words “School Bus” and 

such words shall be plainly readable in letters not less than eight 

inches in height. It shall be the duty of the operator of any school 

bus to see that the signs are displayed, but if a school bus is being 

operated on a highway for any purpose other than the transportation 

of pupils, the markings indicating “School Bus” shall be covered or 

concealed. 

(b) Any person who violates the provisions of this section shall 

be guilty of a misdemeanor unless such violation is by other law of 

this state declared to be a felony. 

This provision was repealed by Senate Bill No. 1. Act of May 27, 1995, 74th Leg., R.S., 

ch. 260, 5 58, 1995 Tex. Sess. Law Serv. 2207, 2495. Its substantive provisions do not 

appear to have been reenacted.11 Therefore, this question is moot. 

toWe further note that the Department of public Safety is authorized to promulgate rules 

regarding school bus drivers. See V.T.C.S. art. 6687b, 5 5(a), as amended by Act of May 27, 1995, 74th 

Leg., RS., ch. 260, 5 55, 1995 Tex. Sess. Law Serv. 2207,2497-98. 

‘YOU, predecessor asked if a “vehicle [must] be identified as a school bus in compliance with 

[section 4.18 of the Education Code] regardless of the vehicle’s rated seating capacity, the actoal 

number of students being transported, or the purpose of the transportation service?” In addition, your 

predecessor asked the following questions about section 4.18: “Is the driver subject to criminal penalty for 

p. 1952 
Mr. Michael A. Moses - Page 8 (DM-362) 

Finally, your predecessor asked the following series of questions: 

May a school district require or allow students to be transported 

in the personal vehicles of school district employees or other 

persons? If so, do any of the above federal or state requirements 

apply to those vehicles or the drivers of those vehicles, 

regardless of the vehicle’s rated seating capacity, the actual 

number of students being transported, or the purpose of the 

transportation service? 

While we are not aware of a statute or regulation which prohibits a school district from 

requiring or allowing students to be transported in the personal vehicles of school district 

employees or other persons, nor are we aware of a statute or regulation which expressly 

permits it. I2 As discussed above, the federal provisions about which your predecessor 

inquired apply only to the manufacture for sale, sale, offer for sale, or introduction or 

delivery for introduction in interstate commerce, or importation of school buses, and do 

not apply to the use of school buses. The school bus safety standards in article 6687b and 

article 6701d do not appear to be intended to apply to privately owned vehicles which are 

operated by private individuals for private purposes. I3 Thus, these provisions do not 

(footnote continued) 

failure to amply 7 Are any other school district employees or officers subject to criminal penalty for 

the failure to comply ?” 

t*Recently enacted section 34.003 of the Education Code authorizes a school district to require or 

allow students to be transported in passenger cars. That pro&on states in pertinent part: 

(a) School buses shall be used for the transportation of students to and from 

schools on school bus routes having 10 or more students. On those school bus 

routes having fewer than 10 students, passenger cars may be used for the 

transportation of students to and from school. 

(b) To transport students in connection with school activities other than on 

school bus routes to and from school: 

(2) passenger cars may be used to transport fewer than 10 students. 

(c) In all circumstances in which passenger cars are used to transport 

students, the operator of the vehicle shall ensure that the number of passengers in 

the vehicle does not exceed the designed capacity of the vehicle and that each 

passenger is secured by a safety belt. 

Act of May 27, 1995,74th Leg., RX, ch. 260, 5 1, 1995 Tex. Sess. Law Serv. 2207,235l (to be codified 

as Educ. code 5 34.003). We do not construe this provision to address whether or not school districts are 

authorized to transport students in passenger cars owned by persons or entities other than the school 

dktriet. 

t3We believe that interpreting the school bus safety provisions in articles 66871, and 6701d to 

apply to privately owned vehicles operated by private individuals for private purposes, such as driving 

family members to and from school, would lead to absurd, unreasonable results. Thus, we conclude that 

these provisions should be interpreted more narrowly. See Gov’t Code 5 3 11.02 l(3), (4) (“In enacting a 

P. 1953 
Mr. Michael A. Moses - Page 9 @M-362) 

appear to prohibit a school district from merely permitting students to be transported in 

the personal vehicles of school district employees or other personsL4 We caution, 

however, that these state statutory school bus safety standards could be construed to 

apply to personal vehicles of school employees or other persons used to transport students 

to or from school or school activities when required by a school district. The definition of 

“school bus” in section 2(e) of article 6701d, the operative definition for both that article 

and section 5 of article 6687b, is not limited to just those motor vehicles owned or 

operated by a school district or privately owned and operated under contract with a school 

district. Compare V.T.C.S. art. 6701d, $2(e) (defining the term “school bus” as “every 

motor vehicle that is being used to transport children to or from school or in 

connection with school activities, but not including buses operated by common caxiers in 

urban transportation of school children”) with id. § 105(a) (referring to “all school buses 

for the transportation of school children when owned and operated by any school district 

or privately owned and operated under contract with any school district in this state”). 

Therefore, it is entirely possible that a court could construe these provisions to apply to 

motor vehicles that are operated at the behest of a school district but that are neither 

owned and operated by a skhool district nor operated under a contract with a school 

district. 

SUMMARY 

Federal statutes requiring the secretary of the United States 

Department of Transportation to promulgate federal vehicle safety 

standards for school buses and school bus equipment, I5 U.S.C. 

3 1392(i)(l)(A), (B), and prohibiting the manufacture for sale, sale, 

offer for sale, or introduction or delivery for introduction in interstate 

commerce, or importation into the United States of any motor 

vehicle unless it is in conformity with any applicable federal vehicle 

safety standards, id. 5 1397(a)(l), do not appear to apply to 

purchasers, lessees, renters or users of school buses or other motor 

vehicles used to transport school children. 

This office construes section 2(e) of V.T.C.S. article 6701d to 

define the term “school bus” to mean “every motor vehicle that is 

being used to transport children to or from school or in connection 

(footnote continued) 

statute, it is presumed that: (3) a just and reasonable result is intended; (4) a result feasible of 

execution is intended .“). 

“%hile we are not aware of a statote or regulation which prohibits a school district from 

allowing students to be transported in the personal vehicles of school district employees or other persons, 

we believe that every school district should evaluate the wisdom of doing so, specifically with their legal 

WUW21. 

p. 1954 
Mr. Michael A. Moses - Page 10 (DM-362) 

with school activities, but not including buses operated by common 

carriers in urban transportation of school children.” Therefore, 

school districts are precluded from transporting students to or from 

school or in connection with school activities in motor vehicles that 

do not comply with school bus safety standards in that article. See 

V.T.C.S. art. 6701d, $5 105(c) (requiring every school bus to be 

equipped with convex mirrors), 107 (requiring every school bus to be 

equipped with fire extinguisher), 124(b) (requiring every school bus 

to be equipped with signal lamps). V.T.C.S. article 6687b, which 

imposes special licensing restrictions on any person who drives “any 

motor vehicle while in use as a school bus for the transportation of 

pupils to or from school,” see id. art. 6687b, $ 5, and the aforementioned school bus safety standards in article 6701d could be 

construed to apply to personal vehicles of school employees or other 

persons used to transport students to or from school or school 

activities when required by a school district. 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

First Assistant Attorney General 

SARAH J. SHIRLEY 

Chair, Opinion Committee 

Prepared by Mary R. Crouter 

Assistant Attorney General 

P. 1955