OFFICE OF THE ATTORNEY GENERAL OF TEXAB 

AUSTIN 

Honorable Ernest kina 

CoontT Attorney 

El Pa80 Gaunt7 

EZI. Paso, Texa8 

Dear Blrr. OtdM: 

dot, where tha 

not contemplate 

0 bur in perroa, 

emploferr~uh+are 

08 to be bonded. 

aipt of your letter 

thl6 lkpartmat upon 

he Weltor Qommon Sohool 

w for approval, a bur 

one E. P. ~Samlerson, a6 

~~,COO.OO, purporting to 

-a of the Rclrl13etl dtrll 

84 to the bona in a eontraat rnt*r*Q 

demon a& the Sahool Board, ana from 

that Sandorron wtll not drive aal bu8 

that per8om wocklng for hlr WI&L 

s&o01 bus, an well a8 certain 6-6 owned 

by mm, as may be n8eded to tran8port the ohildren. 

As a prrrotiod matter, thi8 inVOlI%a the U80 Of tW0 

ear8 of Sandereon's, ae well a6 the sohoo~ bus, an& 

Sanderson furnishes three of hi8 aab driver0 for 

thle work. They are not a party to tire bu8 &=lrera 
5 

%norsble Ernest Guinn, page 2 

bend, and the only bnnd vhich he is to furnish Is 

the one bond signed by hisself. He proposes to me 

different drivers for thle work. 

*It Is my opinion that Article 2667-a oontemlates the execution of a bus drivers bond by 

each driver vho Is to drive the children to sohool, 

Irreepectlve of the person or firm vlth whom the 

oontraot of employnent may be made and that the 

lev contemplate8 the Trustees knoi&g the pereone 

who will transport the cklldren. 

aFor this rea8on I have refused to approve 

the bond as handed to me, end advised the Trurtess 

that I would submit the question to your department 

for determination.* 

It Is the opinion of this Department that 

you vere right In deollnlng to approve the bond a8 tendered 

to you. 

The matter of the 6wffIclenoy of the bond 

IS fletermiaed by a OOn8tI'UOtIOn Of titIO1e 2687a Of Vernon'6 

Annotate& Texas Statutes, vhhioh read8 a8 follors: 

'Tha tI'U8tee8 Of Pny SOhO dl8trICt, OODpoll 

or independent, making prorlsloazfor the transpartation 

of pupils to an% from school, shall fcf 6UOh purpoae 

employ or contraot vlth a responelble perron or firm 

Ao person shall be employed to transport pupils, who 

is not at leaat twenty-one year8 of age,and a.ooapetent 

driver of motor vehicle6 and sound in body ana elnd. 

All motor vehioles operated by 8OhOO1 8lstrIot8, 

Uireotly or by contract, In the traneportatIon of 

pupils shall be covered an8 80 glassed or OUrt8l.ned 

at the sides ana rear a8 to protect the pupils from 

the inolemenciee of the weather, and shell at all. 

times be equipped with efflolent lights and brakes. 

The drivers of e7ll sohool transportation vehloles 

shall be required to give bond for such amOUnt a6 

,the Board of Trustee6 of the dlstrlot may presorlbe, 

not less than $2,000.00, payable to the dletrlct, 

and. cond,ltloned Upon the faithful and careful discharge 

of their duties for the proteotion of the pup118 Under 

their char e snd falth?ul.per?ormanoe of the contract 

with (said 7 School Board; tmd they shell, before crossing 
Xonorable Erneet him, -go S 

any railroad or Interurban NiSvay traOk8, bring 

their vehiolee to a dead atop. Failure to 8top 

before oro88Ing suah rdlway a8 provided herein 

&all forfeit the drivers aoatraat and, In aaea 

of aooldent to pupil8 or vehialee the bond rball 

be rorrelted anB the~uount and a11 right thereunder 

8h&l1 be determined by a oourt Of oompetent Juri8- 

tllotlon.a 

We think this rtatute aontemplater that the 

oontraat driver i8 the %lriver' who 18 required by the 8tatute to exeaute the bond. fro6 thi8 it further fOllOW8 

that th8 statute OOnte@ates suoh OOntlrOt driver lhill 

l a tua lloperate y the rohool bu8, anb iok- these reason8 

the 8tatute would hare to be aomplled with to result in 

a 8tatutory bond. 

It may be, and probably Ictx~ethatr 

oontraat driver who has exeouted a bontl would in a proper 

aeli be llbble for the negligenae 0s aa uaboabed l mployea 

driver, but th18 would be upon the pr%naiple 41 ooatzmet 

or aommon law liability pdd not that of statutory lIabIllt~, 

Your8 very truly 

ATTOiMEY IXWERAL OF TEXA8 

-., _ 

6 

08:Am APPROVEGJAN 10, 1941 

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ATTORNEY GlU:XRAL 02 TUNAS 

Oo%e flpeer 

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