Railroad Coamiarioa~of Tuaa 

Autin, Tuar 

ooatlmlont Opinion lb. o-8449 

Ret I&other a r~o5alcommodiQ oartier, opuating in aad out of Fort 

Worth, may transport other rrtiolea 

btweettthat oityandthene~ bomber 

p1mJl-t without a aertifioats or pelmit 

Prom the Railroad Ccmmission. 

In your letter of April 24, 1941 you advise that the 0. K. Wmrahoure 

Campany, Ino., holda a apoial oomwdity oarriar permit l uthoriaing 00-a 

operationrin and out of-the City of Fort Worth, aarrying oortain oamnodities deaoribed in 8eatioa 6(d) of Article 9113, Veraon' Annotated civil Stati 

utss, and ie rendering uorvioe aooordingly. YOU further adtim that this 

permittee alaoarrios WI, rith trualrr other than thoae used in the other 

servioe, a pi&-up and delivery ssrvioa for the raiWd8 operating in the 

CitJl of Fort Worth, mentianing that these last truoks are not subjeot to tha 

juriwdiotion of the Rrilroad CanmMsioa, siaoe they do aot baw the oitp 

limits. The railroads are preparing to establi8h a free &ok-up and delierg ssrvioa bstweentheir terminals in Fort Worth and the BOII bomber plant 

op6r&ted by the Consolidated &rora.B Cc~pany mar kke Worth outside the 

oity limits of the City of Fort Worthy and ths railroada are requestiag 

said permittee to conduot such operation8 bpok and forth between the bunb 

er pland and the railroad tenaiaals in Fort Worth. 

You requset our opinion as to uhether the 0. & Warehouse Caupany, 

1x10. must obtain a oertifioate or petit frau the hilroad Conxuission of 

Texas in order to perform moh servioe betasen the City of Fort 9brth and 

the bomber plant. It is our understanding that the articles toIn hauled 

are not any of the special oommodities named in said SW&ion 6(d) of Aria 

iole 911b. The aarriers subjected to regulation by the Railroad Comission by Article 911b, V.C.S., are defined in Seotioa l(g) thereof as 

follcWst 

nThetslm (motor oonier( means any parson, firm, corporation, company, 

oo-partnership, association or joint stock assooiation, a& their lsssees, 

receivers or trustees appointed by aqy Court whatsower, owning, oontrolliag, managing, operating, or causing to be operated aqy mofor propelled 

vehiole used ia t~sportiag property for ocmpensation or hire owr q 

public higknrny in this State, where in the course of such transportation 

P highmy betPreen txvo or more inoorporated oities, tams or villages is 

traversed; provided that the term 'motor carrier' 8.8 used in this A& 

shall not include, md this Act shall not apply to motor vehicles operated 
Railroad Conmission of Tsxao, Raga 2 (O-2449) 

exolusiwly within ths inoorporatad limits of cities or toun8.s 

In our oplnian Ho. O-1692 us axprsoood the view that the-Railroad Ccau&ssiop 

of Ibxas does not havu the authority to irsus a wrtifioate of publio oonveaisnw 

md newssiw from an ixaorpolrtedtom to an uaiaoorporated tom where there are 

ao tonns bstawea the tm, sinw ao porbioa of the transportation or routs is betauon or t&an& two ur mars lnoorpvratad oitleo. As we uaderctmd the fasts non 

invvlvad, ths bombsr plant is looatad a fsm miles outside the limits of the City of 

Fort Worth, the plaat itself not being looatad rithin the limits of any inoorporatsd oity smd in going fzvm F&t Worth to tha bcanbez plamt, ona does not go through 

aw inoorporated oity or tom. L! opinion O-1592 118 also held that the Railroad 

cemmclsoion of Texas has authority to lssua 8 wrtlfioate of publio ooavanibnw ad 

neoeoslty wwrlrg routes frctn ow imwrpmmted oie posing through a seoond inoorporated oiw to an uninoorporated term, lrhioh is the terminus of operation, 

sinoe a portion of the route la batrreen inoorporatsd cities. Ws do not regard 

this holding on the point last mentioned as being applioable to the situation before 

us. 

The operation oonduoted uadsr authority of the Railroad Coawisslon is that of 

8 opeoial sonmodity carrier umdsr a petit gramted pursuant ts Sootlon 6(d) of Art1010 9llb, V.C.S. The proposed opsration from Fort Worth totie bc&sr paint would 

not be an extsm&ion of that operaticme It would be 8 nsw and dlffaramt serviw, 

having no rolatlom totho protiouo operaticll. The ppodoto be hauled f=mFvrt 

Worth to this Bomb& plant ars sot brought to Fort North by ths 0. L Uarehouse 

Co., nor is there a9y possibilltg that suoh nil1 bs done, sinoe it is not authoriaed to haul suoh goods under Its permit* The same is true BE to goods JJIOP~~ 

from the plant tothe oily. Hence, tho one operation may not swell or feed the 

other. An independent operation ma 

5 

b-s condusted between the bomber plant andthe 

city, under the terms of Seotion (g of Artiole 911b, without a permit or oertiflaate. Ue think this applies to the 0. I[. Warehouse Co., Ino., and therafore answer 

your question in ths negative. 

Yoursvery truly 

APPROVED MAY 14, 1941 

/s/Growr Sel'lers 

FIRST ASSISTADI 

A'ITORIEY GENER& 

GRLrlhtegr 

ATTORIBY GERRRAL OF TEXAS 

By /s/Glerm R. bnis 

Glenn R. Lewis 

Assistant 

APPROVED 

Opinion Ccaaaittse 

By P. Y. 

chpinnan