Hon. T. M. Trlmble, First Assistant

State Superintendent of Public Instruction Austin, Texas
Dear Sir: OpinionNo. 

### O-3618 Re: Whether .a

boy over 19 and under 21 years of age with dlsabillties removed may lawfully operate a junior collegebus, and related questions.
We received your letterdated July 10, 1941,wherein you enclosed a letter from Mr. R.P. Ward, Superintendent of the Edinburg Schools. Said letter read% In part, as follows:

'We--you,, the Attorney-General,and I--know that the intent and purpose of the law Is to add another element of safety to schoolbus transportation. Some of the young men who attend J3dlnburg~ Junior College live out in the far reaches of this school distrfct on farms, ranches, and orchards. They have handled cars, trucks, and tractors for several years, and they are strong,vigorous, and alert. We have been using severalhigh grade young menofthis type for public schooland college bus drivers. We have had their legal disablllties as minors removed by court action. Insurance companies havewIthout question written their bonds.
"In physical ability to handle theirbusses in rain and mud, or under other adverse conditions, inmorale and 1n bringfng their busses in on time, and FnmakIng their records and reports, these young college men (whoare strongand old enough to play on university football teams or to handle the tanks of your army and the big gun.3of your navy) are far superior in safetyand general satisfactlon to men who are flftg-five to sevent five. (Incldentally,1s there an upper age llmLt? 7 1'+ * * **Honorable T. M. Trimble, page 2 

### o-3618

"1

. Is a junior collegebus of a dlstrict junior collegewhose district Is coterminouswith the independent schooldistrict, a public school bus? If not,would the fact that one ,ormore high school students ride the bus for conveniencemake it a public bus? "2

. Is a junior college bus that is owned and operatedby the junior college through territorynot in the schooldistrict a public schoolbus? 

### "3

. Considering the commonsenserequirement of safetyand efficiency, is there no sort of legal reasoning that canmake a capableyoung man who is over 19 and under 21, who can pass any reasonable but rlgla test glven by the licensingdivision of the Highway Patrol, eligible to drive a public schoolbus?" On September 

### 18, 1939 this department ruled in opinionNo. 

### O-1369that a boy over 19 and under 21 years of age with disabilities removed could not lawfully operate a schoolbus. A copy of that opinion is enclosed. Said opinion was based upon the provisions of Section 14, Senate Bill No. 

### 15,Acts Forty fourth Legislature , Second Called Session, at page 

### 1785,which provldes that "it shall be unlawful for any person who is under the age of twenty-one (21)years to drive a motor vehiclewhile in use as a schoolbus for khe transportation of puplls to and from school * * * * *.

Section 

### 5 of the recently enactedDrLver's LUcense Law, samebeing House Bill No. 20, Acts Forty seventhLegislature,Regular Session, p rovldes as follows: 

### ?ec. 5. * * * *.
"Ropersonwho isunder the age of twentyone (21)years shalldrive any motor vehiclewhile in use as a schoolbus for the transportation of pupils to or from school, nor any motor vehicle while In use as a public or common carrier of persons nor in either event until he has been licensed as a chauffeur."
It iswell settled thatwhere a statute has beenI

.

Honorable T. M. Trimble, page 

### 3 0-3618

construedby executive departments of this stateand 1s thereafter re-enactedwithout any substantialchange of verbiage, it ~111 receive the same construction. See 39 Texas Jurisprudence, pp. 

### 266 and 

### 267 for numerous authorltles. For this additional reason,we are of the opinion that our OpinionNo. 

### o-1369correctly states the law on the question contained thereln. Section 1, Subsection (d) of House Bill No. 20 supra, re-enacts the definition of a "schoolbus"'contai;ed inHouse Bill No. 

### 16, Chapter 

### 369,Acts Forty-fifth Leglslature,Regular Session (1937),page 752, and reads as follows:

"Sec. 1. 'The followingwords and phraseswhen used in this Act shall, for the purpose of this Act, have themeaning respectively ascribed to them in this title.

"(d) 'SchoolBus.' Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportationof children to or from school." If the answers to your questions depended only upon the provisions of the recently enactedDriver's License Law, same being House Bill No. 20, supra, there might be room for argument as to whether a person might be 21 years of age in order to be licensed to drive a bus for the junior college when used to transport only the college students toand from the said college. This would be so becauseHouse Bill No. 20, supra, in defining the term "schoolbus"h refers to the transportation of "children to or from school

. There is some authority for the proposithon that college students are tot includedwithin the terms children" or school children

. There is also some authority for the proposition that the term "college' is not includedwithin the meaning of the word "school".

In arriving at the answer to your questions,we must consider the provisions of Article 2687a,Vernon's Annotated Civil Statutes,which reads, in part, as follows:

"The trustees of any schooldistrict, common or independent,making provision for the transportation of pupils to and from school, shall for. 1

Honorable T. M. Trimble, page 4 

### O-3618

such purpose employ or contractwith a responsible person or firm. No oerson shall be emolovedQ -- transport ouoils, who is not at least twenty-one years ofe and a competent driver of motor vehicles and sound in body and mind. (Unclerscorlng ours). All motor vehicles operated by schooldistricts, directly or by contract, in the transportationof pupils shallbe covered and so glassed or curtained at the sides and rear as to protect the pupils from the inclemenciesof the weather, and shall at all times be equippedwith efficient lights and brakes. * i * *'I Section 4 ofArticle 2815h,Vernon's Annotated Civil Statutes, reads as follows:

"Sec. 

### 4. A junior college establishment and maintained by an IndependentSchoolDistrict or city that has assumed control of its schools, or where the same has been organizedas a Junior CollegeDistrict under the provisions of this Act prior to October 

### 15, 1935, as an independent entity, ormay hereafterbe so created, and/or wherein the boundaries of the Junior CollegeDistrict are the same, or substantiallythe same, as the IndependentSchoolDistrict, shallbe governed, administered, and controlledby and under the dlrection of the Board of Education of suchDistrict or city. "The said Board of Education of such Junior CollegeDistrict, under the provisions of thisAct, shall in addition to all of the powers and duties vested In them by the terms of this Act, be furthermore vestedwith all the rights, powers, privileges, and duties conferred and imposedupon Trustees of IndependentSchoolDistricts by the General Laws of this State, so far as the samemay be applicable thereto and not inconsistentwith this Act." Article 2687a, supra, clearly provides that the board of trustees of an independent school cannot employ any person to transport pupils who is not at least 21 years of age. It is to be noticed that this statute contains no such term as "schoolbus", nor does It define such term. Furthermore, the word 'pupils" isbroad enough to apply to junior college students. See Webster's New InternationalDictionary and Northrop v. Cltg of Richmond, 

### 53 S.E. 962. We note futher that Section 4 of Article 2815h, imposes the sameHonorable T. M. Trimble, page 5 o-3618

duties on the board of education of a junior college that are imposedupon the board of trustees of an independent schooldistrict insofaras such are applicable and conslstent. The provisions of Article 2687a, supra, that no person under 21 years of age shall transportpupils, is just as applicable to a junior college as it is to an independent school dlstrlct.

We answer your first and second questlons by saying that no person can transport juniorcollege students to or from the Edinburg Junior College in any motor vehicle used for transporting such personswho isunder 21 years of age. The same rule is equallyapplicable to the transportationof grade schooland high school pupils to or frnm a grade school or a high school.

We answer your third question by saying thatwe know of no legal reasoningwhich might be used to evade the express command of the Legislature.

We trust thatwe have satisfactorilyanswered your questians.
Yours very truly Al'l'ORNEY

GENERAL OF TEXAS

By s/Lee Shoptaw Lea-Shoptaw Assistant LS:ob:wc Encl.

APPROVED JULY 22, 1941 s/GroverSellers FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion CommitteeBy s/BWB Chairman