R-971 

Ron. Ernest 0. Thompson, Chairman 

Railroad Commission of Texas 

Austin, Texas Opinion Bo. V-473 

Re: Effect upon outstanding 

certificates issued under Article glib, V.C.S., 

authorizing motor carrier operations in certain areas, as a result 

of the consolidation of 

the Cities of Pelly and 

Goose Creek. 

Dear Sir: 

The facts which prompted your request for an 

opinion In connection with the above captioned matter 

are restated as follows: 

On December 8, 1945, the area conxxonlg 

known as Begtown was annexed to and became 

a part of the "home rule" City of Pellg 

(City of Pell v. Water Control District, 

198 9. W. (2dy 450, sup. ct. 1946) 

after, on the 27th of September, 1i46Thtg 

- 

Railroad Commission of Texas issued 1;s order granting a specialized motor carrier 

certificate of convenience and necessity 

authorizing the transportation of certain 

commodities from La Porte, Texas, and points 

within a ten mile radius thereof, with the 

exceptlon of the corporate limits of Goose 

Creek, to all points in Texas, and vice verAt the time this order was entered Pel- 

?y*and Goose Creek were separate lncorporated cities, but were contiguous to each other. Subsequently, on the 15th day of February, 1947, elections were held in the Cities 

of Pellg and Goose Creek resulting in the 

consolidation of Goose Creek with Pelly, the 

latter being the larger city. The elections 

resulting in the consolidation were held under Article 1188, V.C.S., and records of the 
: 

Hon. Ernest 0. Thompson - Page 2 v-473 

same have been filed with the Secretary of 

State under Article 1192, V.C.S. 

Based upon these facts the following question 

is presented: 

As a result of the consolidation of Goose 

Creek with Pellg into one city, Is the operator of the 

specialized motor carrier certificate in question now 

authorized to serve the area formerly embraced within 

the corporate limits of Goose Creek? 

We assume for the purpose of this opinion 

that the consolidation of Goose Creek with Pellg was 

in accordance with the existing State laws on the subject. 

Article 1188, V.C.S., specifically authorizes 

cities, such as Goose Creek and Pelly, to consolidate 

under one government and to take the name of the Larger 

city. The term "consollds$e" is defined by Article 

1191, V.C.S., as meaning e . . the adoption by the 

smaller cities of the charter and name of the larger 

of said cities, and the amendment of the charter of 

the larger cities so as to include in its boundarles 

the territory of the smaller city or cities so consolidated . . ." (Rmphasis ours) As a result of the 

consolidation in question, the corporate existence of 

Goose Creek as a municipality became extinct. 1 &- 

Quillin MUIdCiDal Corporation, Second Edition, Revised, 

877, 8 315. 

Sect;on 2 of Article glib, V.C.S., expressly 

provides that e . . nothing in this Act or any provlslon thereof shall be construed or held to In any manner affect, limit or deprive cities and towns from exercising any of the powers granted them by Chapter 147, 

Pagcls 307 to 318, Inclusive of the General Laws of the 

State of Texas, passed by the 33rd Leglslature,~ or any 

amendments thereto." A certificate Issued by the Commission under Article glib, supra, Is subjecttoall 

the laws of this State governing cities and towns and 

their legal right to consolidate and expand by annexaFalls v. Bowen, 143 Tex. 45, 182 S. W. (2d) 6 

tion of additional territory. Compare City o;5Wi;;lta 

( 44) 0 

The certificate being subject to the laws respecting 

cities and towns, the restriction contained therein has 

now ceased to exist, because the area formerly included 

within the corporate limits of Goose Creek Is now, as a 
Eon. Ernest 0. Thompson - Page 3 v-473 

result'of the consolldatlon, legally a part of the carporate limlts of Pelly--a city authorlxed to be served 

under the certificate. 

The restriction contained in the certlflcate 

excluding service within the.corporate limits of Goose 

Creek does not; In our opinion, reflect an intention on 

the part of the Commission to pr~ohlblt service within 

this particular area in the event the Cities of Pelly 

and Goose Creek were consolidated. The grant of anthorlty to a carrier by the Railroad Commission to serve 

a particular city (in this Instance Pelly) contemplates 

the future growth and expansion of the city, not only 

through normal growth, but through annexation of additional territory and all other lawful means authorleed~ 

;yl;y State laws. See 1 Pond on Public Utilities 316, 

. 

Certainly It would not be presumed that the 

Commission intended in~the event Goose Creek was consolidated with Pelly,l.as authorized by law, that the 

public transportation service authorized by the certificate would be available to the public in a portion 

of the consolidated city and not to the other portion. 

It would be extremely difficult, If not Impossible, to 

police such an operation. To hold that the Commission 

Intended such a result would be to hold that the Commission intended something here which we are informed 

has never been done in the entire history of the adminlstratlon of the Texas Motor Carrier Lav. 

Based upon the above and foregoing, the question Is accordingly answered in the affirmative. 

The conclusion reached makes unnecessary a 

discussion of the second question presented by your request. 

The restriction contained la a certfficate issued by the Railroad Cosnslsslon authorizing service to and from tlxe City of Pelly. 

but prohibiting service to or from the corporate limits of the CFty of Goose Creek, is 

nulllfled by the subsequent consolldatlon of 

the City of Goose Creek with the City of Pel1Y. As a result of the consolidation the o)- . . 

orator of the certificate is authorized to 
Hon. Eraast 0,~Thompson - Page 4 

* 

v-473 

serve the entire City of Pelly, Including 

that portion formerly embraced ln the corporate limits of Goose Creek. 

Yours~ysry truly 

ATTORNEY GE&AL OF TEXAS 

-*I 

C&rles D. Mathews 

Assistant 

CDM:jt 

. 

APPROVED: 

ACTING AT!FORIWSY GENERAL