'R-277 

PRICE DANIEL 

ATTORNEY GF.NEI+I. 

AxisTxr 11. TISXAS 

April 16, 1947 

Honorable T. Gilbert Adams 

County Attorney 

Jasper County 

Jasper, Texas opinion Ho. V-148 

Be: Construction of Section 

l(c) of Article 911a, 

Q. C. S. 

Dear Sir: 

For brevity we summarize the facts contained 

in your request for an opinion as follows: 

"There is now operating in the City of 

Kirbyville, Texas, which is an incorporated 

town, a taxicab corn any under and by authority of a franchise ! ssued to its by the City 

Council of Kirbyville authorizing it to transport passengers for hire within the corporate 

limits of said City+ In addition to the ssrvice authorized by its franchise from the City, 

it is engaged in transporting passengers for 

hire from Kirbyville to points within a fiftymile radius thereof and especially to such 

points as Jasper, Silsbee, and Beaumont, each 

of which is incorporated and Newton, Call 

and Buna. It is perform&g this latter se&- 

ice without any authority from the Railroad 

Commission of Texas. 

"There is presently a regular motor bus 

service rendered by one or more motor bus 

companies operating pursuant to valid certificates of convenience and necessity issued by the Railroad Commission of Texas between Kirbyville, on the one hand, and Jasper, 

Call, Newton, Buna, Silsbee, Beaumont, and 

other points within a fifty-mile radius of 

Kirbyville, on the other hand. 

"Recently a driver for the taxicab company in question was arrested and convicted 
Hon. T. Gilbert Adams - Page 2 V-148 

under Article 1690a, V, P. C., for violating the Texas Motor Bus Law as embraced in 

Article 911a, V, C. S." 

In anticipation of future violations, you have 

requested our opinion on that portion of Section l(c) 

of Article 911a, V. C. S,, which reads "and the suburbs 

thereof, whether separately incorporated or'otherwise.* 

It is assumed from the facts outlined by you 

that the transportation service being rendered by the 

taxicab company between Kirbyville, on the one hand, and 

points within a fifty-mile radius thereof, on the other, 

is regular in the sense that the company will and does 

as a matter of practice transport passengers to and from 

the points involved whenever a passenger presents himself and pays the fare demanded by the cab company. It 

is also assumed that the taxicab company in question. 

cannot in any manner qualify,or cane within the provisions of either Article 6548, V. C. S., or 6548a, V. C. S. 

Section l(c) of Article qlla, V, C. S., reads 

as follows: 

"The term (Motor Bus Company' when used 

in this Act means every corporation or persons as herein defined, their leSS88S, trust88S, receivers, or trUSte8S appointe,d bye 

any court whatsoever, owning, controlling, 

operating or managing any motor prOp8118d 

passenger vehicle not usually Operated on or 

over rail8, and engaged in the business of 

transporting persons for compensation or 

hire over the public highways within the 

State of Texas, whether operating over fixed 

routes or fixed schedules, or otherwise; 

rovided. further, that the term 'Motor Bus 

omnanyf as used in this Act shall not inelude cornwations or persons. their lessees, 

sruatees.'or receivers. or trustees appointed 

by anv court whatsoever, insofar as they own, 

control. owrate. or manape motor propelled 

passenger vehicles operated whollv within the 

limits of any incorporated town or city. and 

the subwbs thereof. whether separately incorporated or otherwise." (Emphasis ours) 

&tic18 16qGa, V, P, C,, reads in part as follows: 
I 

nm* 

tion 

'4. Gilbert Adams - Page 3 V-148 

"(a) Any officer, agent, servant, QC. 

employee of any corporation and every oCBraon who violates 

imprisonmentin the county jail not exceeding one year, or by both such fine and imprisonment; and the violations occurring on 

@ach day shall each constitute a separate 

offense. 

*(b) Any officer, agent, servant, or 

euployee of any motor bus company as heretofor5 defined, and any motor bus company, as 

heretofore defined and/or the owner or operator, officer, servant, agent or employee, 

or any such owner or operator of any bus 

: 

terminal who violates or failsto obey, observe or comply with any order, decision, 

rule or regulation, direction, dWand OP 

requirement of the CosPmission shall be subi 

ect to and shall a a penalty not exceedng Five Hundred (&EO,OO) Dollars for 

each and every day of such violat&, Such 

penalty to be recovered in any court of corn-, 

patent jurisdiction in Travis County, Texas, 

or in the County in which the violation occurs0 Suit for such penalty or penalties 

shall be instituted and conducted by the 

Attorney Oenrral of the State of Texas, or 

by the county or distrlot attorney of the 

county in which the violation occurs, in 

the lyuae of the State of Texas, and by direction of the Railroad Coamission of 

Team o * (Emphasis ours) 

ft ifs clear from the express wording of Secl(c), supra, that a person operating a motor V8- 

hiCl8 and transporting passengers for compensation or 

hire wholly within the limits of any incorporated town 

or city, does not come within the definition of a 

wNotor Bus Company*, and is therefore not subject to 

the terms and provisions of the Act (Article 911a, V. 

co s., and Article 169Oa, V, P. C.), Such operation 
Hon. T. Gilbert Adams - Page 4 V-148 

which is wholly within the limits of the city or town 

is subject to regulation by the local authorities, 

See Citv of Wichita Falls ye Bowen, 182 S. Y. (2d) 

695 ?Sup. Ct. 1944). It is l-se clear that the 

exemption contained in Section l(c) applies with eoual force and effect to anv oneration confined whollv 

&thin the limits of any incorporated town or city and 

the suburbs thereof, whether separately incorporated 

ffiisEs" 

(Emphasis supplied) It therefore folany of the operation extends beyond the 

limits of the city or town and its suburbs, it becomes 

an operation subject to regulation under the terms of 

the Act. Hence, the answer to your question depends 

upon the meaning of the words "and suburbs thereof, 

whether separately incorporated or otherwise." 

The word "suburb" is defined in 60 Corpus 

Juris 982 as follows: 

“Suburb 0 An outlying part of a city 

or town; a region or place adjacent to a 

city; a town or village so near that it 

may be used for residence by those who do 

busineae in the city.” 

In order for a place or town or region to 

come within the definition of’s suburb it must be adjacent to, or contiguous with, the city or town, In 

other words, it must actually join the limits of the 

or be nearby or contiguous. 

g%ds Ic Phrases Pekn. Ed, 391 342. 

or border upon 

The word "adjoining" tiith reference to munikpal corporations indicates contiguity of territory. Rebill 1, Borounh 

of East Newark, 63 A. 81, 73 N, J.~O. 

In ~($d)De15Rio~orvTran;po;;;tionthe 

s 27s. 

in affirming the jud.&ent of the Districl' 

Court'granting an injunction restraining an operation 

in violation of the Motor Bus Law, was called upon to 

decide whether or not an operation by motor vehicle 

in the transportation of persons for hire between Del 

Rio, Texas,~and the International Bridge, including 

Villa Acuna, Mexico, came within the exemption of Section l(c), supra, which of necessity involved a determination of the meaning of the words "suburbs thereof", 

The court said: 
Hon. T. Gilbert :Adams - Page 5 V-14$ 

"Was the tsrritory described a'suburb 

of Del Rio? The use of the word suburb in 

Texas statutes is not new, for we have it 

used and well defined and understdod,in 

urban homesteads and other laws. Suburb 

is defined in Webster's New International 

Dictionary a5 follows: ‘An outlying part 1 

of a city or town; a smaller place adjacent to a city.' 

I . . . 

@The testimony showed the defendants 

operated outside of the city of Del Rio 

and in every direction that they had a 

chance; as far as three miles east of the 

city of Del Rio, and twelve miles west of 

said city to Devil's River; that they operated over the ublic highways within 

this state and cgblrged compensation for 

carrying passengers; that they held themselves out to take passengers anywhere. 

a . * 

*. . . 

"Since the statute,does not seek to 

define the word 'suburb,' we are left to, 

work out,and give to that word the usual, 

familiar, and genarally understood meaning, as used in everyday life. We do not 

see how by any stretch of the imagination 

one city more than three miles from another city and separated by the Rio Grande 

river which is the boundary between two 

republics, and also separated by large 

farms and only twenty-one houses and shack8 

between the two cities, can be considered 

as a suburb of the Texas city." 

As to whether or not a particular area is a 

suburb of a city or town is ordinarily a question of 

fact. The determination of the fact issue depends upon a number of factors. See our Oninion O-2737, dated 

September 27, 1940, and our Opinion O-3504, dated &y 

14, 1941. 

Applying the definition of a suburb as de- ' 

fined in the Del Rio Case and the other authorities 
. . 

Hon. T, Gilbert Adams - Page 6 V-148 

above cited to the exception contained in Section l(c), 

supra, we find that the Legislature has excluded from 

the provisions of Article alla, V:C. S., and Article 

169Oa, V, P. Cs, any person owning controlling, operating or managing any motor propelled passenger vehicle engaged in the business of transporting persons 

for compensation or hire over the highways of this 

State, when such operation is confined wholly within 

the limits of any incorporated town or city and the 

smaller outlying part of said city or town which is 

adjacent thereto, and this regardless of whether or 

not the smaller outlying and adjacent part of said 

city or town be separately incorporated or not, 

Jasper, Newton, Silsbee, Beaumont, Buna, and 

Call are separate cities and towns from that of Kirbyville, The boundaries or corporate limits of said 

cities and towns are neither adjoining nor contiguous. 

On the contrary, the municipalities are located a number of miles in distance from each other, and several 

are located in a different county from that of Kirbyville, Under no application of the definition of the 

word "suburb" as used in Section l(c), supra, can it 

be said that the named cities and towns are suburbs 

of Kirbyville. It therefore follows that the transportation described between Kirbyville, on the one 

hand; and Jaaper, Newton, Silsbee, Beaumont, Buna, and 

Call, and other separate cities and towns which are 

neither adjoining nor contiguous to Kirbyville, on the 

other hand, is in violation of Article alla, V. C. Sqp 

and Article 169Oa, V, P. C. 

SUMMARY 

The words "and suburbs thereof, whether 

separately incorporated or otherwise" as 

us& in Section l(c) of Article 911a, V, C. 

S ., exempting the transportation service of 

taxi companies from the Motor Bus Law, mean 

the smaller outlying part of a city or town 

which is adjacent thereto; but do not in-, 

elude distant cities and towns which do not 
Han, T. Gilbert Adams - Page 7 V-148 

adjoin the city or town in which the taxi 

caslpany is licensed to operate, 

Yowa very t-y, 

ATTORNEY GENERAL OF TEXAS 

BY r’-c-- 

Charles 

= +=--I 

D, Mathews 

Assistant 

‘. 

CDVi:jt:ero 

umm~~: April 17, 1947 

?i!za?%d 

ATTOMEY GENERAL