E OWNEY GENERAL 

OF a‘EXAS 

September 28, 1961 

Honorable Henry Wade Opinion No. WW-1157 

District Attorney 

Records Building Re: Construction of Article 

Dallas 2, Texas 2922-15, Vernon's Civil 

Statutes, relative to 

transportation of pupils 

to and from schools in 

Dear Mr. Wade: cities. 

In reference to the above captioned matter you have submitted the following questions: 

"1. Are children who live within cities denied transportation if they live within two miles 

from a bus line, even though such bus does not go 

anywhere reasonably near their school? 

2. Is the "public transportation" intended by 

the statute limited to city bus systems, or does it 

e:-tend to any form of public transportation such as 

Greyhound Bus lines, and the like? 

3. Is the "public transportation" intended 

by the statute to include shuttle buses which are 

operated by the city bus system but which do not 

run at hours which would serve school children who 

must meet the school system hours for the beginning and ending of school? 

4. What city is intended by the words "cities 

having public transportation", when parts of the 

Dallas Independent School District include a portion>ut not all of the City of Dallas, an h there 

are parts of cities, such as Highland Park, University Park, Rylie, and etc., which lie within the 

Dallas Independent School District, and the children 

live within two miles of a City of Dallas bus roate, 

but do not live within the corporate limits of the 

City of Dallas? 

5. Do the words "nearest practical route" include a measurement in the opposite direction from 

the particular school which the child must attend? 
Honorable Henry Wade, page 2 (WW-1157) 

6. Do the words "nearest practical route" include a route which: 

(a) Has no sidewalks requiring that a 

child walk in the street; 

(b) Has no paved street; 

(c) Requires that the children use alleys, paved or unpaved; 

(d) Requires that the children traverse 

an area which offers more than the 

usual and ordinary hazards and dangers for children? 

7. When the act deals with children who live within two miles of public transportation, is it intended 

that the particular transportation available to a particular child must afford a reasonable and practical 

means for that child to travel to his or her particular school?" 

In connection with the above questions you submitted the following factual situations: 

"In the City of Dallas many bus lines will come to 

the downtown area but come nowhere near a particular 

school. In some instances children theoretically could 

ride across town to some point and secure a transfer 

to another line that might take them near their particular school. In many cases the children may be too 

young and inexperienced to ride over the city alone 

and make transfer connections - and the time consumed 

in some instances would make the transfer completely 

impractical. In other instances there may be no bus 

to which a transfer can be had which will go anywhere 

near a particular school." 

Before reaching your questions, we point out that nothing 

in the legislative scheme bearing upon the subject prohibits 

local school authorities from furnishing inter-city transportation 

facilities for their students if it is within their financial 

means. We know that this is actually done at this time in some 

cities entirely at the expense of the local school authorities and/ 

or the parents of children desiring such service. 

We also point out that the statutes bearing upon the subject confer no affirmative property right upon anyone to receive 
. 

Honorable Henry Wade, page 3 (w-1157) 

free transportation for school children. The legislation i.1 question merely permits payment from the state to reimburse local authorities for service furnished under certain circumstances and 

forbids reimbursement from state funds under other circumstances. 

Nothing in the law prevents such service from being furnished 

through local authorities if they deem it advisable and feasible 

to do so. 

Sub~section 3 of Article 2922-15, Vernon's Civil Statutes 

provides as follows: 

"All bus routes and transportation systems shall 

be reviewed by the State Commissioner of Education and 

he shall be responsible for establishing criteria for 

evaluating the several transportation systems of this 

state, but all such criteria shall be subject to the 

approval of the State Board of Education. The Commissioner shall evaluate all transportation systems as 

rapidly as possible. No new bus routes or bus route 

extensions shall be approved prior to the survey of 

the transportation system of the district or county 

requesting new equipment or extensions. In cities 

having public transportation , no child residing within the city limits of such city shall be eligible to 

be transported at state expense unless such child 

resides more than two (2) miles, measured by the 

nearest practical route, from public transportation 

service of such city. 

'In approving a transportation system for a 

district or a county, consideration shall be given 

to providing transportation for only those pupils 

who live two (2) or more miles from the school they 

attend, and no consideration shall be given to providing transportation for pupils from one district 

to another when their grades are taught in their 

home districts unless the transfer of such pupils 

has been approved by the County Boards of School 

Trustees as provided by law. There shall be no duplication of bus routes or duplication of services 

within sending districts by buses operated by two 

(2) school districts and/or counties except upon 

approval by the Commissioner of Education. All funds 

paid to the several transportation units for the operation of transportation systems of this state shall 

be expended for no other purpose. The Commissioner 

of Education shall formulate rules and regulations 
. 

Honorable Henry Wade, page 4 (WW-1157) 

for enforcing the transportation sections of this 

Act, subject to the approval of the State Board of 

Education. Appeals may be had from policies of 

County Boards of Trustees affecting transportation 

to the Commissioner of Education, and to the State 

Board of Education In matters relating thereto." 

The phrase "public transportation service" is of primary 

importance in properly answering your principal question. 

The word "public" has been defined to mean: 

"Public, adj. Pertaining to a state, nation, 

or whole community; proceeding from, relating to, 

or affecting the whole body of people or an entire 

community. Open to all; notorious. Common to all 

or many; general; open to common use. . . . 10F. 

621. Belonging to the people at large, relating to 

or affecting the whole people of a state, nation, 

or community; not limited or restricted to any particular class of the community D . . 111 A.L.R. 

721. '1 Black's Law Dictionary, Fourth Edition. 

"Transportation" has been defined to mean: 

"The removal of goods or persons from one 

place to another9 b a carrier." 154 U.S. 447, 5 

S.Ct. 82&22 L.Ed. 5 27, 29 L.Ed. 158, 38 L-Ed. 1047, 

Black's Law Dictionary, Fourth Edition." 

The term "transportation service" has been defined by the 

Court of Appeals of Kentucky to mean "transportation service is 

one which essentially requires no other service to complete the 

object of the s,hipper," Andrews Steel Co. v. Davis, 276 SW 148 

(1925). In support of the above statement as to the meaning of 

the term "transportation service" the court cited the following 

cases: Vicksburg, S. & P.R. Co. v. R.R. Commission, 137 La. 

;Q;,@ s 161; Sparta Gas & Elec. Co. v. Illinois Southern 

2;; Ill 346 9= N E 312. G rand Trunk R. Co. v. Michi- 

&i-i?I'Co. (D.C:) 196 F,'lO&i affirmed in 231 U.S. 457 34 S . 

ct. 152, 58 L-Ed., 310; and J. B. Doppes Sons Lumber Co: v. C., 

N.O. & T.P.R. Co., 92 Ohio St. 2Ob,, 110 N .o E b40 , L es. R A 191bD 9 

‘J52. 

The object of the school child is to reach the school, and 

if the public transportation does not go to the school or the 

vicinity thereof, it would require "other service to complete the 

object of the" child, and hence would not constitute "transpor- 
Honorable Henry Wade, page 5, (WW-lly) 

tation service" as that term is used in the statute. 

It seems clear to us from reading Section 3 of Article 

2922-15 in its entirety tnat it was the evident Intention of the 

legislature to deal with adequate transportation of children 

to and from the public schools. 

This interpretation is buttressed by the expression of 

legislative intent contained in the emergency clause of Article 

2922-15, wherein it is stated, "The urgent need to provide a 

more efficient and equitable system for the transportation of 

public school pupils creates an emergency, etc." (Emphasis 

ours.) 

Your detailed questions concern problems raised by special 

fact situations which should be resolved not by this office, but 

in accordance with the procedure set forth in Article 2922-15, 

V.C.S. 

As set forth above, Section 3 of Article 2922-15 provides: 

"All bus routes and transportation systems shall 

be reviewed by the State Commissioner of Education and 

he shall be responsible for establishing criteria for 

evaluating the several transportation systems of this 

state, but all such criteria shall be subject to the 

approval of the State Board of Education." and 

11 0 . * The Commissioner of Education shall formulate rules and regulations for enforcing the transportation sections of this Act, subject to the approval of the State Board of Education. Appeals may be 

had from policies of County Boards of Trustees affecting transportation to the Commissioner of Education, and to the State Board of Education in matters 

relating thereto." 

The above language provides that the Commissioner is required to "formulate rules and regulations for enforcing the 

transportation sections of this Act, 

the State Board of Education." 

subject to the approval of 

We are confident that the Commissioner will perform this duty in harmony with this opinion. 

Copies of these rules and regulations, upon approval by the 

State Board of Education, should be furnished the County Boards 

of Trustees and other local school authorities for their guidance. The local school authorities should make the initial determination in light of this opinion and such rules and regulations, as to whether transportation to and from school, in a 
- . 

Honorable Henry Wade, page 6 (WW-1157) 

particular fact 

after reviewing 

situation may merit assistance from the state, 

the factual situation involved. Of course, the 

decision by the local authorities is subject to being reviewed 

by the Commissioner of Education and the State Board of Education as stated in said Article. 

SUMMARY 

The Texas Education Agency may 

furnish financial assistance to 

local school authorities for 

transportation provided by such 

local authorities for students 

who reside two or more miles from 

a public transportation service 

to and from the school. 

Whether the public transportation 

service available in the particular 

city is adequate or suitable or 

practical for a particular student 

or a particular school is a fact 

question that must be initially 

resolved by the local school authorities in accord with rules and 

regulations prescribed by the Commissioner of Education and approved 

by the State Board of Education. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By: 

Assistant 

WVG/rd 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 
Honorable Henry Wade, page 7 (W-1157) 

Marvin Thomas 

Henry G. Braswell 

Marietta Payne 

Riley Eugene Fletcher 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

Houghton Brownlee, Jr.