EATTORNEY GENERAL
.CD,PTEXAS
AUSTIN ~~.TEXAS
PRICE DANIEL
ATTORNEY GENERAL
January 28, 1948
Hon. Sam Lee, Opinlan ,Mo. v&38
County Attorney,
Brazorla County, Re: Construction and consti-
Angleton, Texas tutionality of R. B. 665,
50th Legislature, concem-
ing group #wurance for
public employees.
Dear Sir:
We refer to your letter of Bovember 26, 1947
in which you startit the rollowing quesltionsr
1. “Does H. 1). 665, as passid by the
50th Legislature, apply to the counties
of the state as well as to the. state and
the specific governmental agenc%es men-
tioned III Section 1 of said b,lll?
2. “If H. B. 665 does app,ly to coun-
ties, Is it constitutional?
3. “1s Broztwia County, Texas auth-
orized to pay the prani(laa or any part
thereof for the benefit of its empl
for the insurance available unc?er 88
T-*d
bill?
4. MIs there any authority for this
county to obtain wo~knea’s compensation
lneti&nce for its employees in lieu of
thr health and accident insurance as pro-
vided undsr said bill?”
8. B;~ 665 now appears in Vernon’s Civil Stat-
utes as Art, 5053a. It reads:~ 1. .~.~
“Sectton~ lL. ,Tbe State of Texas and
each of its political vemmental ana
~dqbirrlratfte subdlv~s r ens depastuats~
~agtiaeles, as~swiatlon
d ptkic errployeos ,
and the omrning beards and authorities
. of each ittate university college, coWa
and fndependekt school districts ar, of an$
Hon. Sam Lee - Page 2 (V-488)
other agency or subdivision of the nub-
11~ schoel sybtem of the State of Texa8
are authorized to procure contracts In-
suring their respective employees or any
class or classes thereof under a policy
or policies of group health accident,
accidental death and dismem6 erment, and
~hospital, surgical and/or medical ex-
pense’ insurance e The dependents of any
such eaployees may be insured under.group,
polic%ea which prwide hospital, surreal
and/or mdical expense insurance.
lmployeesl contributions to the premiums
for such insurance issued to the employer
or to an assoalatlon of public employees.
as the policyholder may be deducted by
the employer from the smployessl salutes
when authorized in writing by the respec-
tive, employee’s so to do.
*Gel 2. All group insurance con-
tracts erfected pursuant hereto shall con-
form and be subject to all the provisions
af any existing or future laws conoernlng
groups lnsurance,n
It is elementary that a county is a political
subdivision, of the State. Robblns v. Limestone County, 268
81 w. 915. ‘
We are of the opinion that c&Me8 are lnclud~
ed ln the authorization ivea in Article 5053pj therefore
cur answer to your Quest f on No. 1 is in the affirmative.
The ~language of the Article Is that the enunier-:
ated employers “tie authorized to procure contrc)cts insuring
their respective em#loyees or any class or claasra there&f
under a policy or,policies of group health, reel&ant, ace&
dental death and dismemberment,, and hospital surgical and/&
medical expense fnsurance. . . It is provided that upon wrft-
ten consent of employees deductions may be made by the employ-
er from their salaries to pay “‘employees contributions.” If
then quoted language means that pubU.c money may be used,, to pay
premium or, any ex ense Incident to such insurance, the Act is
void, as was held iiy,this Department in its Opinion No. V-l&C?,
a copy of which Is enclosed for your information. H. 3. 665
was amended in House Committee,, after that o 5nion was written.
If it merely means that, group insurance pal Bties may be is-
sued to the indicatsd groups~of employees without the use of
‘.. ,‘.
Hon. Sam Lea - page 3 (v-488)
:
public money, the XCt is valid to that oxt ent . When pub;
lit money has been lawfully paid to an employee, It ceases
to be public money.
We are of tbe opinion that the law authorizes
the issuance of group insurance policies to groups of em-
ployees in the,classes indicated in the law, and it does
not authorize~ths Use of any public money to pay any part
of any premium or incidental expense concerning it.
.Our aimter to your Question No. 3 is in the
negative.
Answering your Question No, 4, ,there is no, law
which authorizes a county to ‘obtain workmena’ ~compensation
insurance for its e%ploye,es. See Attorney Ganeral,@s Gpln-
ion No. V-381, a copy of which is enclosed.
County employees are lncluded,in the
class of employees for whom group health,
accident, accidtrntal death’ and dismember-
menkand hospital, surgical and/or ~medi-,
cal e,xpen$* ineur~ce may be issued under
Art. 5Q53a, V. C. S, County funds may not
be used to pay premiums or incidental ex-
pense for such insurance. Counties are
not authorized to obtain Workmens’ Compen-
sation Insurance for county employees+
Yours very truly,
ATTORNEY
GENERALOF TEXAS
WTwtwb W. T. Wllliano
Encls. Assistant
APJ’%OVkD:.
p&Jl&$f
GERERAL
ATTDRI’SISY