Honorable 0. J. 5. Ellingson
General Manager
Texas Prison System
Huntsville, Texas
Dear Sir: Supplement to
Opinion No. 0-1100-A
Re: Is Comptroller of ,Publ,icAccounts
authorized to approve for payment
the claim for premium on an insur-
ance policy out of appropriation
made to Texas Prison System to pay
'liability insurance premium" when
the policy is for both casualty and
liability insurance?
'Your letter of December 18, 1939, returning to this
department the amended pollcg issued by the Hartford Steam
Boiler Inspection and Insurance Company, policy No. 21479,
dated May 23, 1939, received.
We have agaln carefully examined this policy,and
reviewed again our opinion No. o-1100, approved July 26,,
1939. We note that Sections 1 and 2 of the policy have been
entirely eliminated. Sections 3 and 4 of the policy only
obligate the company to pay such sum or sums as the assured
may be liable for. Under the well-settled principle of law
the State of Texas is not liable for any damage that may be
suffered by anyone covered by any of the provisions of the
policy; and, therefore, no protection will be afforded the
State by said sections 3 and 4. You would, therefore, be
paying for something that would not be of any value to the
State.
In the absende of statutory authority the Prison
Board is not authorized to pay for the insurance protection
provided for in the policy submitted. Article 61662~10,
R. C. S., does authorize the Prlson Board to take liability
insuranc.eon automobiles, and this is manifestly the lia-
bility insurance referred to in the appropriation bill.
We understand from you that it is very important
the boilers belonging to the penitentiary system:be inspected
at regular intervals by competent boiler inspectors. We call
-
Honorable 0. J. S. Ellingson, page 2 0-1100-A
attention to the fact that the Labor Commissioner of Texas
is charged with the responsibility of having all boilers in
Texas inspected at certain times or intervals, and we know
of no reason why thnt department should not properly inspect
the State boi,.lers
in the same manner that boilers of all
private individuals are inspected.
You are advised that it is our opinion that the
premium on the policy under conslderatfon may not be legally
paid from the current approprlatlon made to the Texas Prison
System to pay "liability fnsurance premium," and that we
have.no reason to change the vFews expressed by us in opinion
No. o-1100, by reason of the changes made in the policy.
We are returning to you herewith the policy which
you sent for our inspection.
Yours very truly
ATTORNEY GEWERAL OF TEXAS
By s/Gee. W. Barcus
Geo. W. Barcus
AssIstant
GWB-GO-WC
Enclosure
APPROVED FEB 1, 1940
s/Gerald C. Mann
ATTORNEY GENERAL OF TEXAS
Approved Opinion Committee By s/BWB Chairman
Untitled Texas Attorney General Opinion
Combined Opinion