October 2, 1972
Honorable Robert S. Calvert Opinion No. M-1229
Comptroller of Public Accounts
State Finance Building Re: Construction of Section 10
Austin, Texas 70774 of Article V of Senate Bill
1, Acts 62nd Leg., 3rd C.S.
Dear Mr. Calvert: 1972.
YOU have requested our opinion on the proper construction
to be given the following quoted provision of Section 10 of Article
V of Senate Bill 1, Acts 62nd Legislature, 3rd Called Session,
1972, being the current General Appropriations Act relating to
group insurance policies on State employees:
1,
. . . The maximum payment by the State for
any individual employee on any policy or policies
shall not exceed Twelve i)ollars and Fifty Cents
($12.50) per month per full-time employe~e . . . ."
(p. V-37, Journal Supplement).
The correlative provisions of the immediately preceding
General Appropriations Act (Acts 62nd Leg., R.S. 1971, S.B. 11,
as amended by S.B. 7, Acts 62nd Leg., 1st C.S. 1971, Art. V,
Sec. 10, p. V-38, 3799) provided:
II
. . . Payment by the state from the designated
funds on any policy or policies shall be limited to
twelve dollars and fifty cents ($12.50) per month
per full-time employee . . . .'
In construing the above quoted provision of Section 10
of Article V of Senate Bill.11, it was held in Attorney General's
Opinion M-919-A (1971):
"Section 10, Article V, Senate Bill No. 11,
Acts of 62nd Legislature, Regular Session, 1971,
is a rider to the General Appropriation Act. That
rider limits the amount that a State agency may
contribute in the aggregate for insurance for its
employees to an amount reached by multiplying
$12.50 by the number of full time employees on
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Hon. Robert S. CalVert, page 2 (M-1229)
the payroll. It does not place any limit on the
amount that may be contributed to premiums for an
individual employee." See also Attorney General's
Opinion M-919 (1971).
It is our opinion that the provisions of Section 10 of
Article V of Senate Bill 1 make no substantial change from the
above quoted provisions of Section 10 of Article V of Senate Bill
11. While the provisions of Section 10 of Article V of Senate Bill
1 use the phrase "for any individual employee" yet this phrase is
followed by and subject to the further provision that such pay-
ment is "on any policy or policies." Our interpretation of the
new rider is the same as it was for the old rider as expressed in
Attorney General's Opinions M-919 (1971) and M-919-A (1971).
YOU are accordingly advised that the rider limits the
amount that a State agency may contribute in the aggregate for
insurance for its employees to an amount reached by multiplying
$12.50 by the number of full time employees on the payroll. It
does not place any limit on the amount that may be contributed
to premiums for an individual employee.
SUMMARY
Section 10 of Article V of Senate Bill 1,
Acts 62nd Leg., 3rd C.S. 1972, limits the amount
that a State agency may contribute in the aggregate
for group insurance for its employees to an amount
reached by multiplying $12.50 by the number of full
time employees on the payroll. It does not place
any limit on the amount that may be contributed to
premiums for an individual empsyee.
Prepared by John Reeves
Assistant Attorney General
APPROVED :
OPINION COMMITTEE
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Hon. Robert S. Calvert, page 3 (M-1229)
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Houghton Brownlee
Bill Campbell
William Craig
Ben Harrison
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
IJOLA WHITE
First Assistant
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Untitled Texas Attorney General Opinion
Combined Opinion