-a THE ATTORNEY
OF TEXAS
GENERAL
Auom~.TwAs 7'8711
March 17, 1977
The Honorable Henry Wade Opinion No. H-958
District Attorney
Dallas County 'Re: Premiums.on group
6th Floor, Records Building insurance coverage for
Dallas, Texas 75202 reserve deputy sheriffs.
Dear Mr. Wade:
You have asked if Dallas County may legally pay premiums
for group disability, accidental death and dismemberment,
and medical coverage insurance for those persons appointed
reserve deputy sheriffs pursuant to article 6869.1, V.T.C.S.
That statute reads, in part:
Sec. 1. (a) .The Commissioners Court . . .
may authorize the sheriff . . . .to appoint
reserve deputy sheriffs . . . who shall be
subject to serve~as peace officers during
the actual discharge of their official
duties on call of the sheriff. . . .
. . . :
(c) Such reserve deputy sheriffs shall
serve at the discretion of the sheriff and
may be called Pinto service at any time the
sheriff considers it necessary to have
additional officers to preserve the peace
and enforce the law . . . .
(d) Such reserve deputy sheriffs . . . shall
serve without pay but the Commissioners Court
may provide compensation for the purchase of
uniforms and/or equipment used by such.
individuals.
. . . .
i
p/3996
The Honorable Henry Wade - page 2 (R-958)
(f) Such reserve deputy sheriffs, while on
active duty at the call of the sheriff and
while engaged in their assigned duties . . .
shall be vested with the same rights, privileges,
obligations and duties of any other peace
officer of the State of Texas.
This statute was enacted in 1971, and a section of the
bill passed by the Legislature provided, "(all1 laws in
conflict herewith are hereby repealed to the extent of such
conflict." Acts 1971, 62nd Leg., ch, 506 at 1738. The
status of reserve deputy sheriffs was discussed in Attorney
General Opinions M-990 (1971), M-1026 (1971), and M-1267
See also Attorney General Opinion H-228 (1974).
(1972). --
In 1967 the people of Texas added section 52e to article
3 of the Texas Constitution, which provides in part:
Each county in the State of Texas is hereby
authorized to pay all medical expenses, all
doctor bills and all hospital bills for
Sheriffs, Deputy Sheriffs, Constables,
Deputy Constables and other count
precinct law enforEZiieiiEFficia
-+ 8 who
and are
injured inhe course of their official
duties; providing that while said . . ~. law
enforcement official is hospitalized or
incapacitated that the county shall.continue
to pay his maximum salary. . ..Rnphasis
added).
Reserve deputy sheriffs, when on ,duty and serving pursuant
to the call of the sheriff are clearly "county law enforcement
officials" within the scope of the constitutional provision.
No statute can forbid what the Constitution expressly allows
nor do we think section 2 of article 6869.1 attempts to
contravene the Constitution.
p* 3997
. -
The Honorable Henry Wade - page 3 (R-958)
The constitutional provision authorizes the commissioners
court to pay medical expenses, but it does not command that
they be paid. It does not impose liability on the county
for such expenses. The statute merely states that the county
shall not incur any liabilit for personal injuries suffered
by reserve deputies;+ oes not attempt to withdraw from
the commissioners court the discretionary power lodged in it
by the constitutional.provision.
If the county voluntarily assumes the risk of paying
the medical expenses~of its reserve deputies resulting from
injuries to them sustained in the course of their official
duties, we think the county has the implied legal authority
to protect itself against the~risk it has assumed. See
Attorney General Opinions H-139 (19731, H-70 (19~731.m-813
(1960).
However, in our opinion no insurance coverage broader
than that necessary to cover the risks voluntarily assumed
by the county pursuant to law can be legally extended to
reserve officers by the county. Such an expenditure would
be legally unauthorized because there would exist no public
purpose for providing such coverage to'reserve officers
aside from compensating them, and the statute precludes their
compensation. See Atto~rneyGeneral Opinion H-338 ,(1974).
SUMMARY
Premiums on group insurance coverage
for reserve deputy sheriffs may be paid
by a county only if the insurance coverage
is limited to the risk of loss for medical
expenses voluntarily'assumed by the county
pursuant to article 3, 9 52e of the Texas
Constitution.
Very truly yours,
i:
'-
p. 3998
1
J
The Honorable Henry Wade - page 4 (H-958)
APPROVED:
Opinion Committee
jwb
" p. 3999
Untitled Texas Attorney General Opinion
Combined Opinion