THE ATFOEZNEY GENERAL
OFI‘EXAS
AUSTIIN. TExAl 78711
September 13, 1972
Honorable Clayton T. Garrison Opinion No. ~-1215
Executive Director
Texas Parks and Wildlife Department Re: Whether the Parks and Wildlife
John H. Reagan Building Department is authorized to
Austin, Texas 78701 purchase liability insurance
after September 1, 1972,
under Article 6252-19a, V. C. S.,
in view of the rider in S. B.
No. 1, Acts of 62nd Legisla-
ture, Third Called Session,
1972, Sec. 60, page V-54, and
Dear Mr. Garrison: related question?
You have requested an opinion from this office asking the following
specificquestions:
“1. Is the Parks and Wildlife Department
authorized to purchase liability insurance after
September 1, 1972, under the provisons of
Article 6252-19a, in light of the rider in S. B.
No. 1, Acts of the 62nd Legislature, Third
Called Session, 1972, at Section 60 page V-547
“2. In the event your find the Department is
authorized to purchase liability insurance for its
employees while driving state vehicles, what
specific funds may the Department use to make
this purchase?”
In answering your first question we would note that the Texas Tort
Claims Act, Article 6252-19, Vernon’s Civil Statutes, generally authorizes
a governmental unit to purchase liability insurance to cover its operations.
However, in S. B. 1 (Acts 62nd Leg., 3rd C. S., 1972, sec. 60, p. V-54)
the General Appropriation Bill forbids the expenditure of appropriated
funds for the purchase of liability insurance to cover tort claims which
arise under the Tort Claims Act.
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Honorable Clayton T. Garrison, page 2 (M-1215)
Because of the limitation found in S. B. 1, any authorization for the
purchase of such insurance must be found in Article 6252-19a, Vernon’s
Civil Statutes, which is quoted, in part, as follows:
“Section 1. The State Departments or Agencies
who own and operate motor vehicles, aircraft
and motorboats or watercraft of all types and
sizes shall have the authority to insure their
officers and employees from liability arising out
of the use, operation and maintenance of such
automobiles, trucks, tractors, power equipment,
aircraft and motorboats or watercraft used or which
may be used in the operation of such Department
or Agency. Such insurance shall be provided 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 pro-
vided 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. * * *
“Section 3. * * *
“Section 4. Such payments are to be charged against
the maintenance fund of the department for which
such employee is employed.”
In regard to your first question, we are of the opinion that the Parks
and Wildlife Department is authorized to purchase liability insurance after
September 1, 1972, under the provisions of Article 6252-19a, since the
limitation contained in the General Appropriation Bill applies to insurance
coverage purchased under the provisons of Article 6252-19.
In answer to your second question, you are advised that payment for
such insurance coverage may come out of Item 9 of the appropriation to
the Parks and Wildlife Department, which includes operating expenses
(Article 111-108) as provided by Section 4 of Article 6252-19a, quoted
above.
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Honorable Clayton T. Garrison, page 3 (M-1215)
We have heretofore noted the distinction between appropriations
for claims arising under the Texas Tort Claims Act and those arising
under Article 6252-19a, a separate and distinct statutory authorization.
See Attorney General Opinion Nos. M-501 (1969), M-536 (1969) and
M-559 (1970).
SUMMARY
The Parks and Wildlife Department may
purchase liability insurance for its officers and
employees under the authority of Article 6252-
19a, V. C. S.
The Parks and Wildlife Department may use
funds out of the Department’s “maintenance
fund” to purchase this insurance as provided in
Article 6252-19a, V. C. S.
Prepared by James Hackney
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, ~Co-Chairman
Bill Flanary
Malcoim Quick
John Reeves
Bruce Curry
SAMUEL D. MCDANIEL
Staff Legal Assistant
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Honorable Clayton T. Garrison, page 4 (M-1215)
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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