R-145

Ho& W.H. Crunk CaumtyAttorney Delta County Coaper, Texas

Dear Sir: Re: Approval of School Bus Driver Beadby County School Beardwhere School District is receiving State aiU untierArticle V, Acts 1945, 49th Leg., R.S., Senate Bill 167.

Werefer to your letter of recent date acknowledged by the Attorney General onFebruary 19, 1947,wherein yeu requested anopinion onthe question andfacts submitted therein, in substance, as follows:

TheBoard of Trustees of the Enloe Inaepgnaent School District of Delta Count.. ty umaerprevisions of Article 2687a, V.C.S., has authorized the drivers oft&eir scrhcel busses to execute.bond in the ameant of $3,000.00 with personal sureties rather than corporate sureties. TheCounty Sakoel Beard has advised the District that it mayauthorize the makingof personal surety bonds provided the sameshall be submitted to the County Board andapproved byit,

Under provisions of Article V, Transportation Aid, Acts 1945, 49th Legislature, R.S. Senate Bill 167, school districts qualifying thereunder are entitled to State transportation aid to be disbursed bythe County Board andto be paid out of thecount$,Bloe;d Transportation Funddesignated in

TheEnloe Independent Sohool District i;l entitled to andis receiving State aid cut of this Fund. TheSchool District, however, refuses to reoognize anyauthority in the County Sohool Board to makeanyrequirements affeoting its power with refer-Hon. W.H. Crunk- Page 2 (V-139)

ence to its School BusDriver Indemnity Bona.

Question: Underthe facts submitted, are the statutory bonds required bythe Enloo Independent School District, acting under Article 2687a, V.C.S., to be executed bythe drivers of its school bussea, subjeat to the approval of the Delta CountySchool Board, where theSchool Distriot is receiving State aidunder pro- .visions of Article V, Aots 1945, 49th Iegislature, R.S., Senate Bill 1679

It is our understanding in view of the above submitted facts that the Enloe Independent School District, acting under the provisions of Article 2607a, is providing for the transportation of pupils of andwithin the confines of the district, contracting for the’employmentof one or moredrivers of its school busses, andis paying the cost of said transportation andsalaries of said drivers out of its local school funds anaSta,te aid funds towhich the distriot is entitled underArtiole V, Aots ‘1945, 49th ‘Legislature, R. S,, Senate Bill 167.

Wehave been advised ,further, in~conferenoe, with theDepartment of Education, that the district la question has twobus drivers, both of whomare under oontraot with the District Board andboth of whomtransport pmplils- of andwithin the district aswell as certain pupils from surrounding districts into the local district. TheEnloe District ha8madeapplication for t$ansporta-~ tion aid under the provisions of Article V, Senate Bill 167, anais receiving needed aid thereunder. Further, the system of transportation bears the sanction andapproval of the CountySuperintendent, the Delta County School Board andthe State Superintendent of Public Instruction, acting under andbyvirtue of the provisibns of Article V, Senate Bill 107; which authorities acting in cooperation with the Enloe District, have devised and approved sameas being the most economical transportation system possible. Thebus drivers have been authorized to gowithout the Bnloe District for the purpose of transporting certain pupils attending schools within the district byvirtue of anemployment contract required of all bus drivers bythe CountyBoardwhooperate busses for districts receiving State aid under Article V, SenateBill 167, endall bus drivers whooperate busses authorized to cress dfstriot lines, Weare advised also that theHon. 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, conform 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 provides ror the makingof a contract bythe trustees of

anindependent or commonschool district for suchtransportation andpresoribes that the drivers shall be required to give bond, payable to the district, for such amountas the Board of Trustees of.the district may prescribe', not less than $2,000.00, andcontains other provisions not necessary here to state. .Robinson

vs. Draper, 133Ter. 280, 127S. 1%'.(2) 181.

Article Vof Acts of 1945, 49th Legislature, B.S., Senate Bill 167, relates to the interdistrict as well as the intrrdiatriot transportation of pupils. It provides that the CeamtgSchool Board and County Superintendent, subject to the approval of the State Superintendent of Public Instruction, mayset up the most efficient system of transpertation possible for the purpose of tranap8rting pupils from their districts andwithin their districts. It further provides for the makingof a contract bythe County Board of Trustees for bus drivers for such tranapertafion and the payment of salaries of sameout of the CountyBoard Transportation Fundwhensaid bumdrivers are employed by the CountyBoard, andthat the CountyBoard of Flduoation shall aistribate funds imthe CountyRoardTnnsportation Fundsequitably te the eligible districts who have properly shavnbudgetary need for State aid in accordance with the provisions of the Act.

There is nostatutory provision in Senate

., Bill 167with reference to abona to be exacted bythe County Board in oonnection with anycontract which'it might makefor the transportation of pupila. When,however, a CountySchool Beard, acting under the provisions of Utiole V, Senate Bill 167, employs bus drivers for imterdistriot 

### arint~diatriot transportation ef pupils in its mest economical system ortransportation, said Board acting within its sound discretion mayrequire the drivers to eYecute bonds similar to the statutory 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 maycontinue to ~set up and operate its owntransportation system for pupils within the district under Artiole 2687a when a district prefers to so operate same exclusively and does not make application for State aid. In such a case the statutory bond required under Article 2687a would not be subject to the approval of the County Board.

Onthe other hand, Senate Bill 167 clearly purports and is designed to give State transportation 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 attempting 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 employment of their ownbus drivers. Since the District Board’s jurisdidtion is confined to the limits of its district and the bus drivers so employed are to transport pupils both within andwithout 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 intradistrict transportation. As a matter of polioy also 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 executing 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 noauthority to approve 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 district. Onthe 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 under 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 commonlawbond.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 mayrequire a second bond for the protection of the children being transported.

Yours very truly

ATTORNEY

GENEFzAL

OFTXXAS

CEO:ejm:wb Chester $. Ollison Assistant

APRIL 11, 1947