GEHALD c'.WAWN A~J- aa.TEgas .~
m2?,..
s. 19~9
‘3.
Hon. Carl Per&, ~County Attorney
Hall county
Memphis, Texas
Dea+. Sir: 1’.
;
opinion RO. 4-j-i-g ' "
:. : Re: Duty o? "pl.$y to cafis work+?n's
,C~pa$f* +mmsice on its em-,
.
.,, pxyey3t;;] '; : ',I,):".
Your requ& for e.n opFnion upon the following questioq:
Ye it the duty of the county or of ‘the rosa preclncts’to’
carry employers liability insurance for the protection of road
worlollen arid the county”?
has been received by this department.
Tex. Jur., Vol. 45,, p. 455, Sec. 69 - Worhmen’s Compensat$on - States,
Count&es and Ci$ieSj reads a8 follows: W’. .’
“The c&upensatLon law was obviously Intended to apply to’ln-
duetrlal employment. It does not apply to states, countGee or
cities in their performance of governmental funct&x!s . ‘. . By a
constitutional amendment adopted Sowember 3; 1936, (Art. 3, Sec.
59) the legislature ls’glven power to pans ‘m&h laws as may be
necessary to provide for Workmen’s Compensation Insurance for .
such state employees, as in Its judgment is necessary ‘or required;
aud to provide for the payment of all costs, charges, and premiums
on such policies of Insurance; providing the atate,, @all never,, be’
required to purchase insurance for any employee; f” ‘~ ” ~.
Article 3, Section 59, Constitution of Texas, reads as follows:
“The Legislature ~&all have power, to pas8 euch laws a8 may be
necessary to provide for Workmen’8 Compensation Insurance for such
Btate employees, as in Its judgment Is necessary or required; and
to provide for the payment of all costs, charges and premiums on,
such policies of ineurance;,prov$ding that the state shall never
be required to purchase insurance for any employee.”
Eon. Carl Periman, Way 24, 1939, Pme 2 (O-779)
Pursuant to the constitutio~l authority of Article 3, Section 59,
Texan Conntitdion, the Legislature on June ll, 1937, paeqed Article 66748,
which provide6 for Workmen'8 Compeneatian ~amsnce for employeea ofthe
Texae State Highway Department. Under thle act the Highway Department Is
aelf-insuring and carries Its own insurance as net out in the' Statute. The
Iegis&ature haa not extended the benefits of Wor@ea's CompenSatiou limurance
to any other bodies or departmenta of the state government than the Texas State
Highway Department.
The county and its political subdivlslone are protected by their
sovereignty. The law does not require the Conml+oners' Court to take out
insurance.
You gre, therefore,'~~epectf&lly advised that it 1s the opinion of
this department t-t it is not$$he duty of the county 9r op the road precinct
to carry employer'8 liabllitg insurance for the pro$ectlon of road workmen
or the county.
Trustlng,that,thls auyra ~om,,inqu@y, we are
Very, SW-y yours
ATroRwEYGENERAL
OF TEXAS
By Is/ Wm. J. Fatn$ng
Wm. J. Fanqing
" Asslstimt
WJF:onib:llu
APPROVED
APPROVF8D: OPIWION
doMMmEE
/a/ Qeraid.$'. Mann' BY
CHAIRMAN
ATTORlEi - OFTEXAS,