Hon. JamesE. Kilday Director,Motor Transportation Division RailroadCommissionof Texas Austin,Texas
Dear Sir:
OpinionNo. O-2737 Re: Jurisdictionof RailroadCommissionover applicationof James W. White, proposinga motor bus operation,only 8 fractionalpert of which is not within the limits of some incorpo- rated city or town.
From your letterof September12, l&O, and the attachedexhibits,we have the . White has filed an applicationfor a certificateof convenienceand necessityto operatea motor bus company over the route "FruitdaleAcres, Texas, to PrestonHollow,Texas, via Dallas, HighlandPark and UniversityPark." FruitdaleAcres is an incorporated town and adjoiningit on the north is the incorporatedtown of Honey Springs. There is a portionof the Southernboundaryof Honey Springswhich is coincident with the boundaryline of the incorporatedCity of Dallas,but immediately to the north and east of Honey Springsthere is a small area which does not lie within any corporation. North of Dallas and adjacenttheretois HighlandPark, an incorporatedtown, and adjoiningit on the north is the incorporated.town of UniversityPark. Immediatelynorth of UniversityPark and adjacenttheretois , also a separatecorporation.The proposedoperationwould go easterlyfrom FruitdaleAcres on a countyroad, not within the limitsof any corporationbut over a road Immediatelycontiguous to and forminga boundaryof Honey Springsfor a distanceof approximately one third of a mile to U. S. HighwayNo. 75; thence in.Snortherlydirectian over HighwayNo. 75, outsideany corporatelimits,but adjoiningand forminga boundaryof Honey Springson the east, a distanceof nearly a mile, to the TrinityRiver; thence in a northerlydirectionfor a distanceof about 1.1 mile to the boundaryof Dallas;thence on a road outsideof any city limits but adjacentto and forminga boundaryof the City of ~Dallas; a distanceof 4.4 miles, at which the corporatelimitsof the City of Dallaswould be entered. The operationwould then go throughDallas,HighlandPark, UniversityPark into PrestonHollow,at all timas being within the limitsof one or the other of such corporations. You requestour opinionas to whether the operationsappliedforaould come within the jurisdictionof the Railroad Commissionof Texas. Hon James E. Kilday,page 2 o-2737
In Article glla, Vernon'sCivil Statutes,motor bus companiesare made subjectto regulationby the State of Texas throughits RailroadConmission. In this act we find a definitionof the carrierwhich is made subjectto such regulation. %&ion (c), of Saction1. thereofreads:
'The term 'MotorBus Company when used in this Act (Art.glla; P. C. 165Ca)meansevery corporationor personaas herein defined,their lessees,trustees,receivers,or trusteesappointedby any courtwhatso- ever, owning,controlling,operating,or managingany motor propallec! passengervehicle,not usuallyoperatedon or over rails,and engaged In the businessof transportingpersonsfor compensationor hire over the publichighwayswithin the State of Texas, whether operatingover fixed routes or fixed schedules,or otherwise;providedfurther,tlat the term 'MotorBus Company'as used in this Act (Art. 911s; P. C. 16')Ca)shall not includecorporationsor persons,their lessees,trustees, or recei.vera,or trusteesappointedby any courtwUk.oever, i~nsofnr as they own, control,operate,or manage motor propelledpassengervehicles operatedwholly within the limitsof any incorporatedtown or city and the suburbsthereof,whether separatelyincorporatedor otherwise."
Prom the above it ls seen that a personoperating'khollywithin the limits of any incorporatedtown or city and the suburbsthereof,whether separately incorp.ratedor not, is not a motor bus carriersubjectto regulation1'~ihe RailroadCommission. In your letteryou cell attentionto the enclosedmaps and say that "Thesemaps seem to :.indicate clearlythat the towns of Preston Hollow and FruitdaleAcres ar: auburbs of the City of Dallas, since at the nearest point PrestonHollow i.sonly about .@( mile