The Attorney General of Texas
July 10, 1980
MARK WHITE
Attorney General
Honorable II. S. Harris, Jr. Opinion No. NW-210
Chairman
Texas Industrial Accident Board Re: Whether MWMR Community
L.B.J. Building Centers are covered for workers
Austin, Texas ‘787ll compensation under article 8309g
or 8309h
Dear Mr. Harris:
You have requested our opinion regard@ the construction of an
amendment to section 3.01 of article 5547-203, V.T.C.S. The statute was
amended in the 66th Legislature by adding s§ion (cl, which provides:
A community center is an sgency of the state and
a unit of government as &fined by Section 2, Texas
Tort Claims Act (article 6252-19, Vernon’s Texas Civil
Statutes).
You ask whether the amendment changes the workers compensation
coverage of mental health and mental retardation centers from article
8309h to article 8309g, V.T.C.S.
Subsection (cl &es not relate to workers compensation coverage. Its
purpcee is limited by the caption of the bill to indicating “the status as a
state agency and the tort liability of a community mental health and mental
retardation center.” H.B. 1989, Acts 1979, 66th Leg., ch. 797, at 2028.
Nothing contained in the definition of “unit of government” in section 2(l) of
article 6252-19, V.T.C.S., would preclude such a center from continuing to be
classified as a “political s&division” for purposes of article 8309h, V.T.C.S.
Furthermore, in article 5547-203, section 3.08, V.T.C.S., the bcerds of
trustees of community centers are specifically authorized to provide
workmen’s compensation benefits. We believe the benefits provided by the
local board would be under article 8309h, V.T.C.S. In our opinion, therefore,
section 3.01(c) &es not affect the workers compensation coverage of mental
health and mental retardation centers. -See Attorney General Opinion H-291
(1974).
P. 674
Honorable H. S. Harris, Jr. - Page Two (Nw-210)
SUMMARY
The addition of section 3.01(c) to article 5547-203, V.T.C.S.,
does not affect the workers compensation coverage of mental
health and mental retardation centers.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
C. Robert Heath, Chairman
Diane Cox
Susan Garrison
Rick Gilpin
Bruce Youngblood
P. 675