Texas Attorney General Opinion: M-682 Page: 3 of 4
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Honorable Wilson E. Speir, Page 3 (M- 68Z )
under the "commerce" clause of the United States Constitution.
In State of Maryland vs. Wirtz, 269 F.Supp. 826, D.Md., 1967,
the court declared that "commerce" is not confined to business
activity in a conventional sense, but includes non-business
and non-profit activities, whether private or governmental
in nature and irrespective of whether they compete with or
may be substituted for by private enterprise.2/
We therefore conclude that the driver-trairing
programs described in your request fit within the statutory
definition of a "commercial driver-training school". Since
the operators of such programs charge a consideration for
their services and are not connected with a college, univer-
sity, high school, or junior high school, we must conclude
that such organizations are subject to the licensing pro-
visions of Article 4413(29c).
SUMMAR Y
Under the facts submitted, driver-training pro-
grams conducted by non-profit, charitable organ-
izations are subject to the licensing provisions
for "commercial driver-training schools" in ac-
cordance with Article 4413(29c), V.C.S.
V truly your
wfor C. Mar in
Attorney General of Texas
2/ The State of Texas intervened along with 24
other states as parties plaintiff arguing inter
alia that non-profit activities should not be
deemed "commerce".-3260-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-682, text, September 8, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269909/m1/3/?q=Lamar+University: accessed June 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.