Honorable Wilson E. Speir Opinion No. M-682 

Director, Department of 

Public Safety 

5805 North Lamar Blvd. 

P. 0. Box 4087 

Austin, Texas Re: May non-profit, charitable 

organizations operate a 

Dear Colonel Speir: 

commercial driver-training 

school without being licensed as required by Article 4413 (29c) Vernon's 

Civil Statutes? 

,' 

Your request.for an opinion states that several nor!- 

profit, charitable organka~tions operate driver-training programs. The question presented.is whether such programs must 

be licensed as "commercial driver-training schools" under 

the provisions of Article 4413 (29c), Vernon's Civil Statutes. 

Article 4413(29c), S2, provides: 

"Sec. 2. No person, firm association, partnership. or corporation shall operate a commercial 

driver-training school after January 1. 1968, 

unless a license,as a commercial driver-training 

school has been secured from the Texas Deuartment 

of Public Safety, provided that training or classes 

conducted.by colleges, universities, high schools, 

and junior high schools for regularly enrolled 

students as a part of the normal program for such 

institutions shall be exempt." fimphasis Supplied:/ 

Your letter states that the non-profit, charitable 

organizations have no connection with colleges, universities, 

high schools or junior high schools which alone are exempted 

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Honorable Wilson E. Speir, Page 2 (M- 682 ) 

from the Act. Thus, we conclude that the programs in question 

are not exempt. While the non-profit, charitable organizations are no doubt performing a valuable service which should 

be encouraged, exceptions to this type of statute are strictly 

construed. 53 Tex. Jur. 2d 308, Statutes, S201. Moreover. 

in construing a statute, it is not permissible to ergraft 

an exception by implication merely because there seems to 

be a good reason for doing so. Wallace vs. Stevens, Tex., 

1889, 12 SW 283; Bradley.vs. Gilliam, Tex.Civ.App., 1924, 

260 SW 289. 

A remaining question is whether the non-profit, 

charitable organizations are operating a "commercial drivertraining school" within the meaning of the statute. Article 

4413(29c), 51(a), defines a commercial driver-training 

school as follows: 

(a) "Commercial driver-training school" or 

"school" means any enterprise conducted by an 

individual, association, partnership, or corporation, for the education and training of 

persons, either practically or theoretically, 

or both, to'operate or drive motor vehicles and 

charging a consideration or tuition for suchservices .I' LEmphasis Supplied A / 

Since your letter expressly states that a "nominal charge" 

is made for the programs operated by the charitable organizations, we must conclude that the organizations do charge 

a "consideration" or "tuition" for such services. AccordinglY, the driver-training programs in question fit within the 

statutory definition of a commercial driver-training school. 

The mere fact that an organization is charitable 

or non-profit does not ipso facto remove it from the field of 

commerce. "Commerce" 

intercourse, 

is uniformly defined as "business 

the exchange,, buying or selling of commodities 

or services."l/ Commerce is not restricted to activities 

having financxal profit as their aim. 

Closely analogous questions have arisen in cases 

l/ cf. ?a Words and Phrases 454. “Commercef8; cf. 

zlso Black's Law Dictionary, 4th ed. 

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Honorable Wilson E. Speir, Page 3 (M- 682 ) 

under the "commerce" clause of the United States Constitution. 

In State of Maryland vs. Wirtz, 269 F.Supp. 826, D.Md., 1967, 

the court declared that "commerce" is not confined to business 

activity in a conventional sense, but includes non-business 

;;dn;;;;irofat,activities, whether private or governmental 

irrespectxve of whether they compete with or 

may be substituted for by private enterprise./ 

We therefore conclude that the driver-training 

programs described in your request fit within the statutory 

definition of a “commercial driver-training school". Since 

the operators of such programs charge a consideration for 

their services and are not connected with a college, university, high school, or junior high school, we must conclude 

that such organizations are subject to the licensing provisions of Article 4413(29c). 

SUMMARY 

Under the facts submitted, driver-training programs conducted by non-profit, charitable organizations are subject to the licersing provisions 

for "commercial driver-training schools" in accordance with Article 4413(29c), V.C.S. 

General of Texas 

21 The State of Texas intervened along with 24 

other states as parties plaintiff arguing inter 

alia that non-profit activities should not be 

deemed “commerce”. 

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Honorable Wilson E. Speir, Page 4 (~-682 ) 

Prepared by Earl S. Hines. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Robert Giddings 

Robert C. Flowers 

Steve Hollahan 

Ivan Williams 

MFADE F. GRIFFIN' 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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