Texas Attorney General Opinion: O-470 Page: 2 of 4
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Mr. . O. Walton, April 13, 1939, Page. 2
S~otion 2 of the Act says:
"Operators and Chauffears ts be Licensed:
On a after April 1, 1936, no person exo6pt
those expressly exempt aaLer this Act, shall
drive any motor rehiole upon a highway in this
tate@ less sahe person upon application has
been licensed as an operator or chauffeur by
tkr department under the provisions of this At.'
Section 3 of the Act aaes those prsons who
are exampt tra he paynt of "hauffears" and "operators"
licenses; but w 4o not (IaASa y .wrds.ta the statute that
. oalA'be aonstruet as-eapting the employees at the Ay-
ulteral han Kchanictal College of Texas from payment of
such licenses. , - - 4..
A A the legislate I4e defined the word 'chautfftur
that definition will control egares of the meaniag of
the word in c s o p arlan. rt. v. Cooper, -1o 0 Te. 4S,
110 8..W (841 8g9 39Sx. Jar. 00. . . ...
Aordaing to our lt the persons Jao ask i
about operate mtor ve i oles, and therefore they come with-
in the statutory definition of a "hauffeur if they op er-
ate thea'as an employee, servant, agent, or inadependent-:....
coatmotow. In Attorney- GnalSe ,Opinion No. 0-05, dated.
January 5,. 1939, wen hald tbh a . public offi3r,. (~ that ;... ".
ease a County Commessioner) was not an employee, rrvant,-
agent, or indepednt contractor., aad therefore AiA not
have to obtain a chaffeOr's license. Bat, the persons
you "ask about (who yoa nefer to as employees) are learly
not public otfieers, aa ecan only be considered as employees.
They could aot be pablio officers under the definition stat-
o in the ase of R obertson v. Ellis Couaty, (1x. Ctv.App.)
84 8. . 109 , as follows:
Then Ie qi e material dierea. beo-
tweon a public offie at a public eaployn t.
As said by Chief ustiee Marshall, 'Althou gh
an office is an employment, St 4oe not toflow
that every employment .s Mof Lset . C.F, eOksO
is hts work on Pucbie Offiers, says t he most
aportant characteristic which distintuies
an office from an deployment or contract is
that the creation end ontt ao an affa.
involves a tele tionm to the b virtual of soe
of the sovereign ftntion of ovenmt, to
be*zeritset *ybie far the beneftito pab.
lie; thatto. ertioan ofr the soveretty t
the counaityi , eithWrlegielattw, eseUt11% or
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-470, text, 1939; (texashistory.unt.edu/ark:/67531/metapth257654/m1/2/: accessed January 23, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.