# The Attorney General of

# Texas May 2, 1979
MARK WHITE Attorney General
Honorable Wilson R.Speir, Director Opinion **NO.** MI+16 Texas Department of Public Safety 5905N.Lamar Boulevard Re: Whether defensive driving Austin, Texas 70773 and similar courses are **ITqUired to**  be licensed under article 4413(29c), V.T.C.S. Dear Colonel Speir:

160 ‘

.You have requested our opinion regarding the licensing of commercial driver-train&.‘schools and instructors. You ask whether article 4413(29C), V.T.C.S., requires the Department of. Public Safety to license courses in driver-training which izonsist only of remedial classroom instruction. E 123 win.suite 610 art. 67Old, S143A. Article 4413(29c)provides inpart: Hornton. TX. -nom 7W22847Ol Section 1. (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 boa. to operate or drive motor vehicles and charging a consideration or tuition for such services.

. . . . z-xl Main Plan. suite 400 San Anmtl+n. TX. 7szes 51~191 Sec. 2. No person, firm, association, partnership, or corporation shall operate a commercial drivertraining school after January I, 1968,unless a license An Equal oppmunity, *“irm*tiYd Action Efql(oyar as a commercial driver-training school has been secured from the Texas Department ofPublic 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.

p. 46Honorable WilsonE.Speir - Page Two (I%+16)

Webelieve that the Ianguage ofthe statute isclear. Regardless ofthe remedial nature or the absence of vehicular use in the classroom instruction, no enterprise which charges a fee may conduct driver-training education “either practically or theoreticallv” without securing alicense from the deparlment. You also ask if lhe department can establish different calegories of licenses and waive the issuance requirement for schools designed to provide classrcom instruction only. Section 4provides that Tblefore the Department of Public Safety shall issue such license, the person, firm, association, partnership, or corporation shall” execute a bond and maintain motor vehicle liability insurance. See Ins. Code S5.01. Once the license is issued the licensee ispermitted to use motor vehicles inthe driving,instruction. There is no provision in the statute for those entities which do not use vehicles in their instruction to be exempted from the bond and insurance requirement of section 4. There is only one category of license, and since that license permits the use of a motor vehicle, webelieve we are bound by the literal language of the statute which prohibits licensing unless

. liability insurance is mainlamed. You as;kwhether the department may byregulation construe the term “consideration or tuition” as used in s&lion I(a). The department has general .rule-making authority. articles 4413(4!and 4413(29c),section (4#d), V.T.C.S., and thus webelieve the department has the authority to issue reasonable rules construing vconsideration or tuition.” Gerst v. Oak Cliff Savings and Loan Ass’n, 432 S.W.2d 702 (Tex. 1966); see Attorney General Opinion M-682 (1970). The critical factor in determining whether cgency has exceeded its rule-making powers is that the regulation must be in harmony with the general objectives of the statute. Jefco v. Lewis, 520 S.W.2d915(Tex. Civ. App. - Austin 1975. writ refu n.r.e.). SUMMARY

Enterprises offering classroom driving instruction for a fee must be licensed by the Department of Public Safety as per article 4413(29c),V.T.C.S.

‘A*

MARK WHITE Attorney General of Texas JOHN W.FAINTER. JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared by David B.Brooks Assistant Attorney General

**D. 47** Honorable Wilson E.Bpeir - Page Three (‘4w-16)

APPROVED: OPINIO?l COMMlTTEE C. Robert Heath, Chairman David B.Brooks Rick Gilpin .~ Renea Hicks Charles J. Maddox, Jr. William GReid Bruce Youngblood

p. 48