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THE ATTORNES GENERAL
OF TEiXAS
AUSWIN. TExAn78711
January 20, 1970
Honorable Charles Murphy Opinion No. M-559
Director
Texas Aeronautics Commission Re: Whether an airplane owned
204 W. 16th Street and operated by a State
Austin, Texas agency may be covered by
liability insurance pur-
chased under the provisions
of Article 6252-19, V.C.S.,
(Texas Tort Claims Act),
or Article 6252-19a, V.C.S.,
and related questions.
Dear Mr. Murphy:
You have requested the opinion of this office on the follow-
ing questions:
"1. May liability insurance be procured,by
the Texas Aeronautics Commission on an airplane
under either the provisions of the Texas Tort Claims
Act or H.B. 203 of the 61st Legislature? The airplane
is owned and operated by the Texas Aeronautics Com-
mission.
“2 . May liability insurance covering premises'
defects be procured by the Texas Aeronautics Com-
mission under either the provisions of the Texas
Tort Claims Act or Ii.B. 203 of the 61st Legislature?"
In answering your first question, we :would note that the Texas
Tort Claims Act, Article 6252-19, Vernon's Civil Statutes, gener-
ally authorizes a governmental unit to purchase liability insurance
to cover its operations. However, in Article V, Section 57, the
General Appropriation Bill forbids the expenditure of appropriated
funds for the purchase of liability insurance to cover tort claims
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Honorable Charles Murphy, page 2 (M-559)
which arise under the Tort Claims Act. If funds are available
for the purchase of such insurance, it can only be through the
authority of H.B. 203, codified as Article 6252-19a. Vernon's
Civil Statutes, which is quoted as follows:
"Section 1. The state departments who now own
and operate motor vehicles shall have the power and
authority to insure the officers and employees from
liability arising out of the use, operation, and
maintenance of automobiles, trucks, tractors and other
power equipment used or which may be used in the opera-
tion of such department. Such insurance shall be pro-
vided by the purchase of a policy or policies for
that purpose from some liability insurance company or
companies authorized to transact business in the State
of Texas. All liability insurance so purchased shall
be provided on a policy form or forms approved by
the State Board of Insurance as to form and by the
Attorney General as to liability.
"Section 2. In case said department elects not
to so insure its employees against liability as above
mentioned:
"An employee of the State of Texas, in addition
.
to any compensation provided in the General Appropria-
tions Act, shall receive as compensation any sum of
money expended by such employee for automobile
liability insurance required of such employee by the
department, agency, commission, or other branch of the
state government for which such employee is employed."
Although the term “motor vehicles" is not precisely defined in the
above quoted statute, it is linked with specific equipment of the
road-use type. Further, in Section 2 we note that the alternative
T.&hod of insuring makes specific reference to "automobile lia-
bility insurance". Moreover, since aircraft insurance policies
are contracts that differ completely from standard automobile
insurance contracts, it is our view that the above quoted statute
cannot be interpreted so as to include State-owned and operated
aircraft within its authorization.
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Honorable Charles Murphy, page 3 (M-559)
In specific answer to your question number one, you are
advised that it is the opinion of this office that appropriated
funds may not be used to purchase liability insurance 6n an
aircraft under the Texas Tort Claims Act, Article,6252-19; An
aircraft is not a "motor vehicle" within the terms of Article
6252-19a, and personal liability insurance may not be purchased
for employees operating such aircraft. We have.been advised that
the Texas Aeronautics Commission owns.and oper+t+C’only,one .air-
craft, and no other means of transportation of.any kind:~ Under
ouch circumstances the Commission would have no authority tp
purchase personal liability .insurancefor any smpioyao,undem
P. B. 203 (Article 6252-19a).
With regard to your mecond question, liability ins-e
covering premises defects may be purchaeed under the authority
of the Texas Tort Claims Act, providng that no presently appm-
priatsd fundm are used. Article 62X2-19a, qw+od lupra, permita
only the purchase of insurance to cover the personal liability
of an employee incurred by his operation of a State-owned .
vehicle in the course and scope of his employment. Such muthori-
mation does not extend to the purchame of.liability,inswwce
covering premises defects.
S UMM~AR'Y
Presently appropriated funde may not be used
to purchase liability insurance to cover tort
claims which arise under Article 6252-19, V.C.E.,
the Texas Tort Claims Act.
An aircraft is not a "motor vehicle* within
the terms of Article 625249a, V.C.S., and per-
sonal liability insurance may not be purchased
for employees operating such aircraft.
A governmental agency may purchase liability
insurance covering premises defects under the
,
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Honorable Charles Murphy, page 4 (M-559)
Texas Tort Claims Act, providing that no appro-
priated funds are used. Article 6252-19a does
not permit the purchase of premises defect
insurance.
truly yours,
Prepared by Malcolm L. Quick
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
Alfred Walker, Co-Chairman
Houghton Brownlee
Roger Tyler
Louis Neumann
Wardlow Lane
KRADE F. GRIFFIN
Staff Legal Assistant
NOLA WRITE
First Assistant
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