TIXE ATTOIUNF.Y GENERAL
OF TltcXAS
Coordinating Board Opinion No. M- 611
Texas College and University System
Sam Houston State Office Building Re: Meaning of Section
Aus tin, Texas 76701 19A of the Texas
Tort Act relative
to the liability of
public junior col-
Gentlemen: lege districts.
Your recent let er requests our opinion relative to the Texas
Tort Claims Act 1 (codified by Vernon as Art. 6252-19, V.C.S.)
in answer to
I . . . whether Section 19A which makes
this Act applicable to school districts only
as concerns motor vehicles, also serves to
limit the liability of public junior college
ait3tricts?-
Section 19A of the Act reads:
"Sec. 19A. The provisiona of this A&
shall not apply to school districts except
as to motor vehicles."
Other parts of the Act, in their relevant portions, read
as follows:
"Sec. 2. The following words and
phrases as used in this Act unless a dif-
ferent meaning is plainly required by the
context shall have the following meanings:
"(1) 'Unit of government' or 'units of
government' shall mean the State of Texas and
all of the several agencies of government which
collectively constitute the government of the
State of Texas, specifically including, but not
herein referred to as the Act.
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Coordinating Board, page 2 (M-611 )
to the exclusion of, other agencies bearing dif-
ferent designations.,all departments, bureaus,
boards, commissions, offices, agencies, councils,
and courts: all wlitical subdivisions. all
cities, co&ties; school districts,,_.. . and
-Juniorcollege districts; and all institutions,
agencies and organs of government whose status
ana authority ii'derived'either from the"konsti-
tution of the State of Texas or from laws passed
by the Legislature pursuant to such Constitution.
Provided, however, no new unit or units of govern-
ment are hereby created." (Emphasis added.)
"Sec. 3. Each unit of government in the
state shall be liable for money damages per
personal injuries or death when proximately
caused by the negligence or wrongful act or
omission of any officer or employee acting
within the scope of his employment or office
arising from the operation or,use of a motor-
arlven vehicle an&motor-driven equipment
-.t.: -yn$+r..drgmen+nces where
..._.. suc$+qfficer
_.. _ ..~
or employee would be persona$ly.l$able to the
claimant in accordance with the law of this
state, or death or personal injuries so caused
from some condition or some use of tangible
property, real or personal, under t&_cunstatices
whege-euch,.uqit
_. of g?vqq+$, if a private
person, would be liable to.th& claimant in
accordance with the law of this state. Such
liability is subject to the exceptions con-
tained herein, and it shall not extend to
punitive or exemplary damages. . . .I (Emph+sis
addea . 1
We are aware of the holding in Shepherd v. San Jacinto
Junior College District, 363 S.W.Zd 342 (Tex.Sup. 1963), re-
garding the identity of school districts and junior college
distrikts as regards taxing authority under Aiticle VII, -
Section 3, Texas Constitution. However, the Texas Tort Claims
Act specifically requires a liberal con&ucti& (6ec. 13)
and the terms of the Act leave us no choice but to conclude
that Section 19A does not apply to junior college districts.
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coordinating Board, page 3 (M- 631)
You are therefore advised that it is the opinion of this
office that a junior college district is exposed to the full
liability imposed by the Texas Tort Claims Act.
SUMMARY
Section 19A of the Texas Tort Claims Act
provides that the Act shall not apply to school
districts except as to motor vehicles. However,
this Section does not limit the liability~of
public junior college districts.
General of Texas
Prepared by Ben M. Harrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
Malcolm Quick
Houghton Brownlee
Roger Tyler
Louis Neumann
Robert Smith
MEADE F. GRIFFIN
Staff Legal Assistant
.ALFREDL. WALKBR
Executive Assistant
NOLA WHITE
First Asdstant
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