October 14, 1965 

Hr. Him-y Wade Opinion NO. c-526 

District A,ttorney 

DaJJas county Re: Conatrmctlon of Article 

DaIlaa. Texas 2922-15, Vernon's Civil 

Statutes, relative to 

operation of School 

Deer Mr. Wade: BuBea . 

We quote from your letter requesting an opinion from 

this office in part a8 follows: 

"The Dallas County Board of School Truetees docs. operate a transportation system within, 

Dallas County. These buses are operated for the 

purpuse of transporting eligible pupil's to and 

from their ue~hool tiuildlngs. When,theFe, is no 

eonf~llct with the regular bua schedule, the buses 

are operated for field. tripe necessary for 4-R 

Club rork and for transporting of athletic teams 

and other organized groups sponsored by schools 

invo~vlng school activities. 

'The Dallas County School Office is very 

pleased to render this service for the children 

of the varloue schools, provided it Is legal In 

every sense. We observe the same general pollclea 

In rendering this service that we do in transporting pupils from home to school and return. 

'(1) First consideratlori Is given to the 

safety of children. The, driver muat be capable 

and the bus must be safe. No insurance, is carried 

on Dallae County school buses or on the children 

who ride them. 

'(2) We get no speaial permits from city or 

other authority to travel over the streets and 

highways. 

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Mr. Henry Wade, page 2 (c-526) 

‘(3) We deal only with an authorized official of the school district and accept payment 

on a cost basis only from the organization for 

which this service has been rend,ered,. 

‘(4) Only school chlld.ren and. school teachers 

are eligible to ridge at ariy time. 

‘Is the above procedure legal In all respects? 

‘Are the members of the County Board of School 

Trustees, lnd.lvld.ually or collectively, liable 

In any way when Dallas County school buses a.re 

operated as Indicated above?“’ 

Section 2 (l), Article 2922-15, Vernon’s Civil 

Statutes, provides In part as follows: 

“Sec. 2. (1,) The County Boards of School 

Trustees of the several counties of this state, 

subject to the approval of the State Commissloner of Education, are hereby authorized to establish 

and operate an economical public school transportation system within their respective counties. In 

establishing and operating such transportation systems, the County Boards of School Trustees shall: 

(1) requisition buses and supplies from the State 

Board of Control as provided for In this Article; 

(2) prior to June 1st of each year,‘wlth said 

Commissioner’s approval, establish school bus 

routes within their respective counties forthe 

succeeding school year; (3) employ school bus 

drivers; and (4) be responsible for the,malntenance and operation of school buses. State 

warrants for transportation shall be made payable 

to the County School Transportation Fund in each 

county for the total amount of transportation 

funds for which the county is eligible under the 

provisions of this Act. 

"Provided, however, that when requested by 

the Board of Trustees of an independent school 

district, the County Board, of School Trustees 

shall authorize such lnd.ependent district to: 

(1) employ its school bus drivers; (2) be 

responsible for the maintenance and. operation 

of Its school buses; and (3) receive transportation payments direct from the state. When 

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t 

~Mr. .Renry Wade, page 3 (C-526) 

the County School Superintendent ,reports such 

authorization to the State Commlssloner of 

Education, state warrants for.transpor,tatlon 

fundslfor which the district Is .ellglbie shall 

be made to the Dlstrlct Transportation Fund, 

which la hereby created. 

"The County Boards of School Trustees and 

the state Commissioner of Education shall promu&ate regulatlons In regard to the ,use of 

sohool buses for purposes other than transporting 

ellglble pupils to and from their classe,s. 

M 8, . 

. . . ,. 

The regulations promulgated under the authorley of 

.&?&ion 2 (l), by the' State Board',of Edu&atlon in regard to the 

use :~f ,sehool buses for purposes other thantransporting eligible 

pupils to land from their classes Is stated as'fol$ows: 

."The policy of the State Board~of Education withreference to transporta%lon of pup110 

~ln the public free school~s of Texas in Irehlcle,s, 

the owners~hip, operation, or maintenance of .whlch 

involved In whole or in part, funds provld.eddunder 

the Foundation School Program Act, shall ,be: (a) 

The use ,of such vehicles shall be llmlted to the 

%ransport,atlon of chlld~ren who tire enrolled. and 

lnbona f,lde attendance in the public free schools 

,of Texas, teachers, and, other 

,by the ~school ,distrlct; and (b P 

ersonnel employed 

State funds 

shall not be provlded~ for transportation to any 

school dlstrlct not abiding by the llmltatlons 

prescrlbed,'ln this motion.' 

"'The use of school buses ,for e,xtra-curricular actlvlties 1s definite a~p,art 0 e school 

@&o;yrn. The unit concern;:, either thEcounty 

e district, shall establlsh'approprlate re~gulatlons for the u8e oft buses for all extra-currlcular activities. Such regulations are subject to 

preview and approval by the State Commissioner of 

Education. These regulations should be In written 

form and available for transportation audits. 

Extra-curricular expeneea are not to be paid. from 

transportation funds.'" (Emphasis supplied). 

In addition, the Handbook for Local School Officials. 

which Is sent to all d.lstrlct and. county superintendents, contains 
Mr. Henry Wade, page 4 (c-526) 

the following statement: " 

"'Extra-curricular s,chool'bus use regula- " 

tlons may be consid.ered. approved unless evidence 

of willful misuse of discretion by local school 

officials is brought to the Commissioner's attention."' 

With regard to the extra-curricular u,se~of school 

buses, there Is no conflict between those regulations promulgated. by the coulity superintendent of public instruction 

for Dallas County and those regulations promulgated by the 

State Board. of Education. It Is our opinion that neither group 

of regulations violates any of the provisions of Article 2922- 

15, Vernon's Civil Statutes , and. therefore each group is valid. 

Cohse&entl,y, it Is our opinion that the operation of Dallas 

Courity stihool buses in accord.ance with those regulations promulgated by'the Dallas County Board., of School Trustees with 

regard to the extra-curricular use of school buses Is an authorized use of school buses und.er the provisions of Article 

2922-15, Vernon's Civil Statutes. It Is our further opinion 

that the members of the County Board of School Trustees, individ,ually or collectively, are not liable In any way, when 

the school buses are operated In accordance with the outlined 

procedure. 

SUMMARY 

The operation of Dallas County school abuses 

in accordance with those regulations promulgated 

by the Dallas County Board of School Trustees with 

regard. to the extra-curricular use of school buses 

is an authorized, use of school buses under the provisions of Article 2922-15, Vernon's Civil Statutes. 

The members of the County Board of School Trustees, 

lndlvldually'or collectively, are not liable In any 

way, when the school buses are operated in accordance 

with the outlined procedure. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

1RWjr:ra:mkh 

By: #&4?#dL!~* 

Ivan R. Williams, Jr. 

Assistant 

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6’. . 

Mr. Henry Wade, page 5 (c-526) 

APPROVED: 

OPINION COMMITTEE 

w. v. Geppert, Chairman 

Pat Bailey 

Roy Johnson 

Paul Phy 

George Gray 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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