Texas Attorney General Opinion: O-1166 Page: 3 of 4
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Hon. Thnomas A. Heat - Page 3 (0-1166)
of twenty-five (25) miles per hour, or within
the corporate limits of any incorporated city
or town, or within or through any town or vil-
lage not incorporated at a rate of speed in
excess of eighteen (18) miles per hour, Provid-
ed further, that it shall be unlawful to operate
any motor vehicle engaged in this State in the
business of transporting passengers for compen-
sation or hire on any highway, road or thorough-
fare not privately owned between cities, towns
and villages at a rate of speed in excess of
forty (40) miles per hour."
Article 827a, Section 15, Penal Code of Tes, reads as follows,
"(a) It shall be unlawful and constitute a
misdemeanor for any person to violate any of the
provisions of this Act,
*(b) Any person, ooportion or receiver,
who violates any provision of this Act shall, upon
conviction, be punished by a fine of not more than
ro -Hundred Dollars ($200.00); for a second convio-
tion within one (1) year thereafter such person,
corporation or receiver, shall be punished by a fine
of not more than Five Hundred Dollars ($500.00) or
by imprisonment in the County Jail for not more
than sixty (60) days, or by both suah fine and im-
prisonment; upon a third or subsequent conviction
within one (1) year after the second conviction
such person, corporation or receiver shall be pun-
ished by a fine of not more than One Thousand Dol-
lars ($1,000.00) or by imprisonment in the Cunty
Jail for not more than six (6) months, or by both
such fine and imprisonment. Provisions hereof with
respect to imprisonment shall not be applicable to
corporations, but double the fine herein provided
for may be imposed against them in lieu of impris-
ozmente"
Many of the cities of Texas, perhaps all, have ordinances against
'speeding." Therefore, the act of "speeding," if committed within the in-
corporated limits of a city, may be a violation of a city ordinance, and also
a violation of Article 827a, Section.8, Penal Code of Texas.
Your request for an opinion did not ask us any question relative
to the constitutionality of any oity ordinance against 'speeding," nor
were we furnished with a copy of any city ordinance. Therefore, we refrain
from any discussion as to the constitutionality of any city ordinance
against "speeding."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1166, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258349/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.