0 -7B 

May 10, 1939 

Hon. Charles S. Mc‘lllillsn 

County Attorney 

San Augustine County 

San Augustine, Texas 

Dear Sir: 

Opinion No. O-723 

Re: Does the fact that the employer 

Is a-aity make city employee8 exempt 

from proaurlng a chauffeur*8 license 

and paying the proper fee thereior 

under artiale'0687a. Vernon*8 Amotated Civil Statutes? 

We are in reoeipt of your letter of April 27, 

'1939, In whiah you request sn opinion on the .folloting 

questions: 

"The aity of Se&Augustine has a City 

Mansger, and various employees to operate 

motor vehiales, Including riremen. All of 

these employees are at times going beyond 

the alty limits In carrying out the functions of' the aity~ government; the prinaipal 

funation is in aormeatlon tith the City 

Light and Water Department, *&ah includes 

reading meters, testing power lines, and 

varfous other fun&ions. 

n * * * QUESTIOIU: (1)‘ Does the fast 

that the employer is a aity make suah employees exempt from proaurlng a chaurreur% 

lfO8nSS and paying the proper fee therefor, 

as required by law? 

(2) "If the aity employees are exempt 

does this exemption extend only to the operation of motor vehicles within the city 

limits?" 

The word Rahauffeurw is defined in paragraph 

(g) of seotion 1 oi artiale 6687a, Vernon's Annotated 

Civil Statutes, as follows: 
Hon. Charles S. KcXillan, May 10, 1935, Face 2 

*(g) Chauffeur. Any parson who operates a motor vehicle for any purpose, whole 

or part time, as an employee, servant, 

agent, or independent aontractor, whether 

paid in salary or commission; and every 

person who oRerates a motor vehicle while 

such vehicle is in use for hire or lease." 

Section 2 of artiale 6687a requires that all 

nahauffeurss be llaensed in the following language: 

*On and after April 1, 1936, no person 

exoept those expressly exempt under this 

Aot, shall drive any motor vehicle upon a 

highway is this state unless such person 

upon application has been licensed as an operator or ahauffeur by the department under the 

provisions of this Act.* 

Seotion 3 designates those persons who are expayment of ahaufreur's lioenses. 

The employees of a olty are not exempt from 

a ahauffeur's license by the provisions of seaartiale 6687a. 

_ 

Auy person who operates a motor vehiale for any 

purpose, whole or in part time as an employee of a aity, 

whether paid in salary or oosm&sion, falls within the 

statutory definition of "chauffeur" after Raying a ohaufreur's liaense. 

The statutory definition, in the absenoe of exaeption, applies to any.WemployeeW regardless of whether 

the employer is private or governmental. 

But in the case of governmental employer, the 

distinction between offioers and employees must be kept 

constantly in mind. 

30 TEXAS JURI8TRUDENCE 204 

"There is a well recognized distinction 

between officers and employees of municipal 

corporations. And the relation of master and 

servant may exist between a city and its employees who are engaged in.3 proprietary work 
Hon. Charles S. McMillan, May 10, 1939, Page 3 

as distinguished from officers and employees 

engaged in public service in a governmental 

capacity. 

"Who are officers and who are employees 

is to be determined by the revisions of the 

charter and the statutes. i here the eleative 

and appointive officers are absolutely named 

and fixed by the charter, all others connected with the city government must be 6%nployees, 

agents, or servants. Suoh a oharter alnsaifiaation aaunot be ohhanged by the.aity aommiseion, 

as by inareasing the number of eleative or appointive offioes, or by meking those designated 

as employees appintive officers, unless the 

oharter so provides. As used in some charters 

the term *sny offiaer' inoludes only'suah persons in the servioe of the oity who have to a0 

with the ereoution or administration of the laws, 

and does not.embraae aldermen. 

Wznnbers of the polioe foroe of a munioipat aorporatian are generally alaseed as officers, 

and ususll.y are state offioers; but under sorm 

ohsrters members 0r the.poliae ana fire aepartments are olasawied as employees. A superintendent of publlu utilities has been held to be 

en employee, and not en offiaer. Under some 

charters msmbers of the board of eduaatfon of 

the aity are oity, aab not aounty, offleers.* 

It is our opinion that the faat that the employer 

is a aity does*not exempt aity employees, otherwise aovered 

by the statutory definition of WohauffeurW~, from proaurlng 

a chauffeur's license and psying the proper fee therefor, 

as required by ertiole 6607a, Vernon's Annotated Civil Statutes. 

Since it is our holding that city employees are 

not exempt, your seoond quest1on.M not material, 

We wish to,point out that we are not king in 

this opinion upon the question of whether or not the 

manager and firemen of San Augustine are employees. 

aiai$ 

must be determined fromthe special faats in each case, 

the provisions'of the city charter, and the statutes. 
Hon. Charles S. Mc?1illan, kay 10, 1939, Page 4 

Your attention. is respectfully called to the 

following opinions on related questions rendered by this 

department: 

1. OFMION NO. O-03, January 5, 1939, 

holding that a county commissioner is a publie officer and not an employee, servant, 

agent or independent contractor as these terms 

are used in the definition of a chauffeur in 

article 6687a and that a county oommisaioner 

while driving an automobile belonging to the 

oounty and on county busin8es is not a chauffeur within the meaning of artiale 6607a, that 

he does not have to obtain a ohauffeur's license. 

2. OPINION NO, O-146, January 24, 1939, 

holding that a person who owns and operates a 

bottling plant, who owns his own truak rsglstered for.8,800 pounds under the registration 

law and who drives and operates his truak in 

making deliveries is not "6x1 eniplopee, servant, 

agent or independent contractor?, and therefore does not come within the-first part of the 

definition applied to a "ahauffeurn in paragraph 

(g) of section 1 of artiale 66S7a, Revised Oivii Statutes,'and does not come within the last 

part of the definition beoause,no hiring or 

leasing is involved; therefore, the person is 

not required to obtain a ohauffeurls lioense. 

3.. OPINION No. O-470, April 13, 1939, 

holding that persons employed by A & M College 

whose duties.inolude operating college owned 

truaks should obtain chauffeur's license under 

article 6687a, Vernon's Annotated Civil Statutes. 

4. OPINION NO. O-580, April 14, 1939, 

holding that linesmen, troublemen, meter readers, 

meter testers, a collector, a looal manager, an 

en&neer, a meahanio, department head, and power 

salesmen, who are employees of a gas utility 

company, operating company-owned motor vehicles in 

the Course of the performance of their duties 

are "Chauffeur" within the scope of the definition contained in article 6687a, section 1 (e), 

Vernon's Annotated Civil Statutes, as amended, 
Hon. Charles S. McMillan, May 10, 1939, Page 5 

and that they are required under the law 

to obtain chauffeur*s license. 

!!kUStin&; that the abOv8 fully answers the 

inqUirie8 COntain8d in your letter, we are 

Yours very truly