Untitled Texas Attorney General Opinion

TEEEA~~~RNEYGENERAL
OF TEXAS
AUBTIN H. TEXAS
GERAID C. MANN
-N
ATl’ORNpN GENE-X.

Honorable George Ii.Sheppard
Comptroller-~ofPublic Accounts
Austin, Texas
Dear Sir: Opinion No. O-2045
Re: Is the Comptroller authorized to
issue Warrant against the'
$25,000.00 ContlngenVExpense Ap-
proprlation'to the Board of Educa-
tion for the payment of fire'ln-
surance premium insuring textbooks
In storage belonging to the State
of Texas?
We beg to acknowledge receipt of your letter of March
5, 1940, as follows:
"Is this department authorized to issue
warrant against the $25,OOO.OO Contingent
Expense Appropriation to the Board of Educa-
tlon for the payment of fire insurance premium
insuring textbooks in storage belonging to the
State of Texas?
"For explanation I am attaching clatm of
A. N. McCalluin,Jr. & Co., General Insurance
and Loans, against the State Department of Ed-
ucation in the amount of $92.25, covering the
premium for fire insurance policy issued as pro-
tection against loss by fire of such books."
In opinion No. Q-201, addressed to Dr. George W.'Cox,
State Health Officer, this department advised that the directors
of Public Health distr%cts were not authorized to insure State
property in their respective offices against fire and pay the
premiums therefor aut of their local contingent funds. The con-
trolling reason given for that opinion was a resolution by the
Senate declaring the policy of the State to be that it Would
carry its own insurance.
Opinion No. O-842, addressed to Honorable Charles E.
Baughinan,Chief Clerk, Department of Agriculture, involving
insurance on jacks and stallions belonging to the department,
followed opinion No. O-201, and further noted the absence of
Honorable Lee Brady, page 2 O-2045

any specific appropriation for the purpose of paying premiums
upon insurance.
In oplnnionNo. O-1100, and a supplement thereto,
addressed to Honorable 0. J. S. Elllngson, General Manager,
Texas Prison System, we-advised that in the absence of statu-
tory authority so to do, it would be improper to pay premiums
upon Insurance policies. In opinion No. o-1762, addressed to
ytirself, we followed these opinions, and specifically dls-
approved for payment claims for Insurance premiums upon cer-
tain ferry boats owned by the State Highway department.
The $25,OOO.OO item of appropriation referred to by
you is for maintenance and miscellaneous, and Itemized: "Office
and depository supplies, postage, express, drayage, telephone,
telegraph, printing, stationery, rent, contingent expense, ln-
eluding freight on used ~textbooks." It is not that specific
appropriation for insurance as will suffice for the payment of
the items presented to you.
We are returning herewith the statements, in accordance
with your request.
Trusting that thi,swill have satlsfactorlly answered
your question, we are
Very truly yours
ATTORNEYGENERALOF TEXAS
By s/Ocie Speer
Ocie Speer
Assistant
OS-MR-WC
Enclosure
APPROVED MAR 20, 1940
s/Gerald C. Mann
ATTORNEYGENERALOF TEXAS
Approved Opinion Committee By s/BWB Chairman