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 

5905 N. 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, S 143A. Article 4413(29c) provides in part: 

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 of Public 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. 46 
Honorable Wilson E. Speir - Page Two (I%+16) 

We believe that the Ianguage of the statute is clear. Regardless of the 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 a license 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 4 provides 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 S 5.01. Once the license is 

issued the licensee is permitted to use motor vehicles in the 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, we believe 

we are bound by the literal language of the statute which prohibits licensing unless 

. liability insurance is mainlamed. 

You as;k whether the department may by regulation 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 we believe 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.2d 915 (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 

TED L. 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 G Reid 

Bruce Youngblood 

p. 48