Summary of Texas Attorney General
Opinion on School Bus Deregulation

[Webmaster note: On February 23, 1996, the Texas Attorney General issued Opinion No. DM-378 regarding those motor vehicles authorized for use in transporting students under Section 34.003 of the Education Code (enacted in Senate Bill 1). This summary of the opinion was prepared by Texas Education Agency staff with the assistance of the Texas Department of Public Safety.]


School Buses

To transport 10 or more students to and from school on a school bus route, a school district must use a school bus. The attorney general has concluded that, unless it is a bus used in an urban area by a common carrier or is exempt as described below, a motor vehicle used to transport students to and from a school or school-related activity is a "school bus" (Section 541.201(15)(A), Transportation Code).

A school bus must meet the safety equipment standards prescribed in Sections 547.607 and 547.701(a) of the Transportation Code. Specifically, the vehicle must be equipped with 1) at least one quart of chemical-type fire extinguisher in good condition and located for immediate use; 2) a convex mirror or other device that gives the operator a clear view of the area immediately in front of the vehicle that would otherwise be hidden from view; and 3) signal lamps that are mounted as high and as widely spaced laterally as practicable, display four alternately flashing red lights with two located on the front at the same level and two located on the rear at the same level, and emit a light visible at a distance of 500 feet in normal sunlight. For state inspection purposes, the vehicle must have signs on the front and rear displaying "SCHOOL BUS" in letters at least 8 inches in height.

In addition, school districts should note the existence of current state specifications for school buses (see General Services Commission's Specification No. 070-SB-95) which pertain to minimum requirements for design, color, equipment, construction, and identification, and which are requisite to the purchase or lease of any new school bus in Texas. Districts should also be aware that the General Services Commission and the Department of Public Safety each have specific statutory authority to adopt additional safety standards and equipment requirements for school buses.

The operator of a school bus must meet the requirements of Section 521.022 of the Transportation Code including those standards and qualifications adopted by the Department of Public Safety. Specifically, a school bus operator must 1) be at least 18 years of age; 2) hold a valid driver's license of the appropriate class with applicable endorsements and restrictions to operate the type of vehicle in use (there is no "school bus driver's license"); 3) pass an annual examination to determine mental and physical capability to operate a school bus safely; 4) have an acceptable driving record according to standards developed by the Department of Public Safety; and 5) hold a certificate stating the driver is enrolled in or has completed a driver training course in school bus safety education approved by the Department of Public Safety. A school district is also required under Section 22.084 of the Education Code to obtain from any law enforcement or criminal justice agency all criminal history record information that relates to 1) a person employed as a school bus driver; or 2) an applicant intended for employment as a school bus driver.

Passenger Cars

To transport fewer than 10 students to and from a school or school activity, a school district may use either a school bus or a passenger car. This authority exempts a passenger car from the school bus safety equipment standards and requirements described above. A "passenger car" is a motor vehicle, other than a motorcycle, designed to accommodate 10 or fewer passengers (Section 541.201(12), Transportation Code). The operator of a passenger car is required to hold a valid driver's license for the type of vehicle in use, but is NOT subject to other requirements described above for a school bus operator. Additionally, the operator must ensure that the number of passengers being transported does not exceed the designed seating capacity of the vehicle and that each passenger is secured by a safety belt.

Motor Buses

To transport 10 or more students to and from a school activity, a school district may ONLY use 1) a school bus; 2) a bus chartered from a motor bus company; or 3) a district-owned bus meeting the safety standards prescribed for vehicles used by motor bus companies. To qualify under the third category, the vehicles must be district-owned and meet the motor bus safety standards under 16 Tex. Admin. Code §§ 5.201-5.246 (Tex. R.R. Comm'n, 20 Tex. Reg. 841, 4917 (1995)). In particular, Section 5.220 requires that 1) the vehicle have operable equipment necessary for the vehicle to pass state inspection; 2) the vehicle be safe, dependable, and maintained in good physical and operating condition; 3) the heating system provide comfortable temperatures; 4) the interior lighting system be capable of illuminating all of the interior except the portion occupied by the driver, and 5) the vehicle be cleaned, disinfected, and deinfested at least once in each 24-hour period that the vehicle is in use. As with passenger cars, the operator of a motor bus is required to hold a valid driver's license for the type of vehicle in use, but is NOT subject to other requirements described above for a school bus operator.

Large Passenger Vans

A fifteen-passenger van or any other motor vehicles designed to accommodate more than 10 passengers is a "bus" (Section 541.201(3)(A), Transportation Code), and may be used as a motor bus to transport 10 or more students to and from a school activity IF it is district-owned and meets the motor bus safety standards described above. Such a vehicle may also be used to transport students to and from school on a school bus route IF it meets the safety equipment standards and requirements described above for a school bus, and the driver of the vehicle meets the requirements described above for a school bus operator.

Private Passenger Vehicles

A passenger vehicle owned by a private person such as a parent or teacher is NOT subject to school bus safety equipment standards when such a vehicle is being used to transport fewer than ten students to and from school or school activities, nor is the operator of a private passenger vehicle required to meet the requirements of a school bus operator. However, in permitting the transportation of students in a privately owned vehicle for school-related purposes, the driver of such a vehicle may be considered by the courts as an agent of the school district for purposes of liability. School boards would be well advised to consult their legal counsel and insurance carrier on this issue.


Source: Texas Education Agency with the assistance of the Texas Department of Public Safety.