'R-277

PRICE DANIEL ATTORNEYGF.NEI+I. AxisTxr 11.TISXAS
April 16, 1947

Honorable T. GilbertAdams County Attorney Jasper County Jasper, Texas opinion Ho. V-148

Be: Constructionof 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 authorizedby 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 ofwhich 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 regularmotor bus servicerendered by one or more motor bus companiesoperating pursuant to valid certificates of convenienceand necessity issuedby the Railroad Commission of Texas between Kirbyville, on the one hand, and Jasper, Call, Newton, Buna, Silsbee, Beaumont, and other pointswithin a fifty-mile radius of Kirbyville, on the other hand. "Recentlya driver for the taxicab company in question was arrested and convictedHon. T. GilbertAdams - Page 2 V-148

under Article 1690a, V, P. C., for violating the TexasMotor Bus Law as embraced in Article 911a,V, C. S."

In anticipation of futureviolations, 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 incorporatedor'otherwise.*

It is assumed from the facts outlined by you that the transportationservice being rendered by the taxicab companybetween Kirbyville, on the one hand, and pointswithin a fifty-mile radius thereof, on the other, is regular in the sense that the companywill and does as amatter of practice transportpassengers to and from the points involvedwhenever a passengerpresents 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 canewithin the provisions of eitherArticle 6548, V. C. S., or 6548a, V. C. S.

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

"The term (MotorBus Company'when used in this Act means every corporationor persons as herein defined, their leSS88S, trust88S, receivers, or trUSte8S appointe,d bye any court whatsoever, owning, controlling, operating or managing anymotor prOp8118d passengervehicle not usually Operated on or over rail8, and engaged in the business of transportingpersons for compensationor hire over the public highwayswithin the State of Texas,whether operatingover fixed routes or fixed schedules, or otherwise; rovided. further, that the term 'MotorBus omnanyfas used in this Act shall not inelude cornwations or persons. their lessees, sruatees.'or receivers. or trustees appointed by anv courtwhatsoever, insofaras they own, control. owrate. ormanape motor propelled passenger vehicles operatedwhollv within the limits of any incorporatedtown or city.and the subwbs thereof.whether separately incorporatedor otherwise." (Emphasisours)

&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 corporationand every oCBraon who violates

imprisonmentin the county jailnot exceeding one year, or by both such fine and imprisonment;and the violations occurring on @ach day shall each constitutea separate offense. *(b) Any officer, agent, servant, or euployee of any motor bus company as heretofor5 defined, and anymotor bus company, as heretofore defined and/or the owner or operator, officer, servant,agent or employee, or any such owner or operatorof any bus :
terminal who violates or failsto obey, observe or complywith any order, decision, rule or regulation,direction,dWand OP requirement of the CosPmissionshall be subiect to and shall a a penalty not exceedng Five Hundred (&EO,OO) Dollars for each and everyday of such violat&, Such penalty to be recovered in any court of corn-, patent jurisdictionin Travis County, Texas, 

### or in the County in which the violation occurs0 Suit for suchpenalty or penalties shall be institutedand conductedby 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 lyuaeof the 

### Stateof Texas, and by direction of the Railroad Coamission of Team o * (Emphasisours)
ft ifsclear from the expresswording of Secl(c), supra, that a person operating a motor V8- hiCl8 and transportingpassengers for compensation or hire wholly within the limits of any incorporatedtown or city, does not comewithin the definition of a wNotor Bus Company*,and is thereforenot subject to the terms and provisions of the Act (Article 911a, V. co s., and Article 169Oa,V, P. C.), Such operationHon. T. GilbertAdams - 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 ofWichita Falls ye Bowen, 182 S.Y. (2d) 695 ?Sup. Ct. 1944). It is l-se clear that the exemption contained in Section l(c) applieswith eoual force and effect to anv oneration confinedwhollv &thin the limits of any incorporatedtown or city and the suburbs thereof,whether separately incorporated
ffiisEs" (Emphasissupplied) It therefore folany of the operation extendsbeyond 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 questiondepends upon the meaning of the words "and suburbs thereof, whether separately incorporated or otherwise."

Theword "suburb" is defined in 60 Corpus Juris 982 as follows:

“Suburb0 An outlyingpart 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 residenceby those who do busineae in the city.”

In order for a place or town or region to comewithin the definition of’s suburb it must be adjacent to, or contiguouswith, the city or town, In other words, it must actually join the limits of the or be nearby or contiguous. g%ds IcPhrases Pekn. Ed, 391 342. or border upon The word "adjoining"tiithreference to munikpal corporations indicates contiguityof 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'grantingan injunctionrestraining an operation in violation of the Motor Bus Law, was called upon to decidewhether or not an operation by motor vehicle in the transportationof persons for hire between Del Rio, Texas,~andthe InternationalBridge, including Villa Acuna, Mexico, camewithin the exemption of Section l(c), supra,which of necessity involved a determination of the meaning of the words "suburbsthereof", The court said:Hon. T. Gilbert :Adams- Page 5 V-14$

"Was the tsrritory describeda'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: ‘Anoutlying part 1 of a city or town; a smallerplace 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 threemiles east of the city of Del Rio, and twelvemiles west of said city to Devil'sRiver; that they operated over the ublic highways within this state and cgblrged compensation for carryingpassengers; that they held themselves out to take passengersanywhere. a
. *

*.

. . "Since the statute,doesnot seek to define the word 'suburb,'we are left to, work out,andgive to that word the usual, familiar, and genarallyunderstoodmeaning, as used in everyday life. We do not see how by any stretch of the imagination one citymore than three miles from another city and separatedby the Rio Grande river which is the boundarybetween two republics, and also separatedby large farms and only twenty-one houses and shack8 between the two cities, can be considered as a suburbof the Texas city."

As to whether or not a particular area is a suburb of a city or town is ordinarilya 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 suburbas de- ' fined in the Del Rio Case and the other authorities. .

V-148 Hon. T, GilbertAdams - Page 6

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 anymotor propelledpassengervehicle engaged in the business of transporting persons for compensationor hire over the highways of this State,when such operation is confinedwholly within the limits of any incorporatedtown 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 incorporatedor not,

Jasper, Newton, Silsbee, Beaumont, Buna, and Call are separate cities and towns from that of Kirbyville, The boundaries or corporatelimits of said cities and towns are neither adjoining nor contiguous. On the contrary, themunicipalitiesare located a number ofmiles 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 saidthat the named cities and towns are suburbs of Kirbyville. It therefore follows that the transportation describedbetween Kirbyville, on the one hand; and Jaaper, Newton, Silsbee, Beaumont, Buna, and Call, and other separate cities and towns which are neither adjoiningnor contiguousto Kirbyville, on the other hand, is in violation of Article alla, V. C. Sqp and Article 169Oa,V, P. C.
SUMMARY
The words "and suburbsthereof, whether separately incorporatedor 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 notHan, 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 GENERALOF TEXAS


# BYr’-c--

Charles 

# = +=--I

D, Mathews Assistant

‘

. CDVi:jt:ero umm~~: April 17, 1947

?i!za?%d ATTOMEY GENERAL