Hon. T. M. Trlmble, First Assistant 

State Superintendent of Public Instruction 

Austin, Texas 

Dear Sir: Opinion No. O-3618 

Re: Whether .a boy over 19 and under 21 

years of age with dlsabillties removed may lawfully operate a junior 

college bus, and related questions. 

We received your letter dated 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 school bus 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 several high grade 

young menofthis type for public school and college 

bus drivers. We have had their legal disablllties 

as minors removed by court action. Insurance companies have wIthout question written their bonds. 

"In physical ability to handle their busses 

in rain and mud, or under other adverse conditions, 

in morale and 1n bringfng their busses in on time, 

and Fn makIng their records and reports, these 

young college men (who are strong and old enough 

to play on university football teams or to handle 

the tanks of your army and the big gun.3 of your 

navy) are far superior in safety and 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 college bus of a dlstrict junior college whose district 

Is coterminous with the independent 

school district, a public school 

bus? If not, would the fact that 

one ,or more high school students 

ride the bus for convenience make 

it a public bus? 

"2 . Is a junior college bus that is owned and operated by the junior college through territory not in the 

school district a public school bus? 

"3 . Considering the commonsense requirement of safety and efficiency, is 

there no sort of legal reasoning that 

can make a capable young man who is 

over 19 and under 21, who can pass 

any reasonable but rlgla test glven 

by the licensing division of the 

Highway Patrol, eligible to drive a 

public school bus?" 

On September 18, 1939 this department ruled in 

opinion No. O-1369 that a boy over 19 and under 21 years of 

age with disabilities removed could not lawfully operate a 

school bus. 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 vehicle while in use as a school bus for khe transportation of puplls to and from school * * * * *. 

Section 5 of the recently enacted DrLver's LUcense 

Law, same being House Bill No. 20, Acts Forty seventh Legislature, Regular Session, p rovldes as follows: 

?ec. 5. * * * *. 

"Ro person who is under the age of twentyone (21) years shall drive any motor vehicle while 

in use as a school bus 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 is well settled that where a statute has been 
I . 

Honorable T. M. Trimble, page 3 0 -3618 

construed by executive departments of this state and 1s thereafter re-enacted without any substantial change 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 Opinion No. 

o-1369 correctly states the law on the question contained 

thereln. 

Section 1, Subsection (d) of House Bill No. 20 

supra, re-enacts the definition of a "school bus"' contai;ed 

in House Bill No. 16, Chapter 369, Acts Forty-fifth Leglslature, Regular Session (1937), page 752, and reads as follows: 

"Sec. 1. 

'The following words and phrases when used 

in this Act shall, for the purpose of this Act, 

have the meaning respectively ascribed to them in 

this title. 

"(d) 'School Bus.' 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 transportation of children to or from school." 

If the answers to your questions depended only upon 

the provisions of the recently enacted Driver'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 because House Bill No. 20, 

supra, in defining the term "school bus"h refers to the transportation of "children to or from school . There is some authority for the proposithon that college students are tot included within the terms children" or school children . 

There is also some authority for the proposition that the 

term "college ' is not included within 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 contract with a responsible 

person or firm. No oerson -- shall be emoloved Q 

transport ouoils, who is not at least twenty-one 

years of e and a competent driver of motor vehicles 

and sound in body and mind. (Unclerscorlng ours). 

All motor vehicles operated by school districts, 

directly or by contract, in the transportation of 

pupils shall be covered and so glassed or curtained 

at the sides and rear as to protect the pupils from 

the inclemencies of the weather, and shall at all 

times be equipped with efficient lights and brakes. 

* i * *'I 

Section 4 of Article 2815h, Vernon's Annotated 

Civil Statutes, reads as follows: 

"Sec. 4. A junior college establishment 

and maintained by an Independent School District 

or city that has assumed control of its schools, 

or where the same has been organized as a Junior 

College District under the provisions of this 

Act prior to October 15, 1935, as an independent 

entity, or may hereafter be so created, and/or 

wherein the boundaries of the Junior College District are the same, or substantially the same, as 

the Independent School District, shall be governed, 

administered, and controlled by and under the dlrection of the Board of Education of such District or 

city. 

"The said Board of Education of such Junior 

College District, under the provisions of this Act, 

shall in addition to all of the powers and duties 

vested In them by the terms of this Act, be furthermore vested with all the rights, powers, privileges, and duties conferred and imposed upon 

Trustees of Independent School Districts by the 

General Laws of this State, so far as the same may be 

applicable thereto and not inconsistent with 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 "school bus", nor does It define such term. Furthermore, the word 'pupils" is broad enough to apply to junior 

college students. See Webster's New International Dictionary 

and Northrop v. Cltg of Richmond, 53 S.E. 962. We note 

futher that Section 4 of Article 2815h, imposes the same 
Honorable T. M. Trimble, page 5 o-3618 

duties on the board of education of a junior college that 

are imposed upon the board of trustees of an independent 

school district insofar as such are applicable and conslstent. The provisions of Article 2687a, supra, that no person under 21 years of age shall transport pupils, 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 junior college students to 

or from the Edinburg Junior College in any motor vehicle used 

for transporting such persons who is under 21 years of age. 

The same rule is equally applicable to the transportation of 

grade school and high school pupils to or frnm a grade school 

or a high school. 

We answer your third question by saying that we 

know of no legal reasoning which might be used to evade the 

express command of the Legislature. 

We trust that we have satisfactorily answered 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/Grover Sellers 

FIRST ASSISTANT 

ATTORNEY GENERAL 

Approved Opinion Committee By s/BWB Chairman