Hon. Geo. H. Sheppard 

Comptroller of Public Accts. 

Austin, Texas 

Opinion No. V-722 

Re: Authority of A. &'M. 

College of Texas to 

pay premiums for liability insurance on 

its airplane. 

Dear Sir: 

We refer to your recent letter from which we 

quote : 

"I am attaching hereto Voucher No. 60, 

Department No. 842, Agricultural and 

Mechanical College of Texas to FranksVincent Insurance Service covering ~badily 

injury liability and.,property. damage liability 

under Hartford Accident dc Indemnity Company 

Aircraft Liability 80. HA3-2134 premium 

for $106.59, together with a letter addressed 

to this department October 23, 1948 from the 

auditor of A & M College. 

"1 shall thank you to advise this department whether we may legally issue warrant 

in payment of this claim." 

In submitting its voucher No. A-235 to the 

Comptroller of Public Accounts for issuance of warrant 

thereon, the Auditor of A. & M. College attached his 

letter, which reads, in part: 

"This claim is submitted under authority contained in House Bill No. 2.46, 

passed by the 50th Legislature Regular Session, being the fifth paragraph of Section 

4, which reads as follows: 'Any maintenance 

or support items listed in the Main College, 

or any of its branches or services shall be 

construed to include labor, supplies, equipment, travel, repairs, workmen's compensation 

payments, insurance and bond premiums, and 

contingent expense.* 
Hon. Geo. H. Sheppard, page 2 (V-722). 

"Attorney Generals 0 inions O-184 

O-201 O-S42 O-1100 O-E762 and O-2150 

relative to ihe mat& of insurance are 

referred to in Opinion O-4315 which quotes 

from Opinion O-1100 as follows: 

n*An available specific appropriation 

to pay the premium on any kind of a policy 

issued in favor of the State would amount 

to a subsequent declaration of policy by 

the Legislature and would, to that extent, 

repeal the policy announced by the Resolution above referred to.' (Senate Concurrent 

Resolution No. 3, passed by the Second Called Session of the 37th Legislature).n 

Senate Concurrent Resolution Ho. 3; passed in. 

the Second Called Session, 37th Legislature, Acts 1921, 

reads, in part: 

uResolved, by the Senate of the State 

of Texas, the House of Representatives concurring therein, That hereafter it shall be 

and is the fixed policy of this State that 

the State shall carry its own insurance upon State buildings and contents, and that 

no insurance policies shall be taken out 

upon any of the public buildings of this 

State, nor upon the contents thereof, and 

the State Board of Control and all other 

Boards having charge of buildings of the 

State, and the contents of such buildings, 

are hereby instructed not to have such buildings nor property insured, notwithstanding 

there may be items in the appropriation bills 

authorising the expenditure of money for the 

payment of insurance premiums . . . 

"Provided, however, that this resolution, or any part of its provisions shall 

not apply to or affect the University of 

Texas, and its branches, and that it is the 

fixed policy of the State that all buildings 

and the contents thereof belonging to.the 

University of Texas, and its branches, shall 

be kept insured at all times against any loss 

by fire or tornadoes." 

Section 13 of Article VII, Constitution of Texas, 
Hon. Geo. H. Sheppard, page 3 (V-722) 

provides: 

"The Agricultura.1 and Mechanical College of Texas . . i is hereby made, and 

constituted a Branch of the University ofTexas, for,the instruction In Agriculture, 

the Mechanical Arts, and the Natural Sciences 

connected therewith . . .e 

The authority of the Board of Directors of A. 

& M. College to purchase airplanes and to acquire an airport and equipment therefor is recognized in Attorney 

General?8 Opinion No. V-07 citing Articles 2608, 2615~. 

and 2613, Section 6, V. C. S. 

A careful search of the State laws and resolutions subsequent to,the passage of S.C.R. No. 3, Acts 

1921, herein quoted, will reveal no change of legislative,policy with respect to the insurance against loss 

by fire and tornadoe~a of the public buildings and property therein referred,to. We are apprised of no statute or resolution which authorizes, expressly or by implication, the Directors of the A. & M. College to use 

its public funds to pay property liability or casualty 

liability premiums on insurance policies purporting to 

cover such liabilities. 

It is well established law in Texas, that the 

State is not liable for the torts or negligence8 of its 

officers, agents or servants engaged in the performance 

of a governmental function unless it has first expressly assumed such liability. See Attorney Generalts Opinion No. O-1100 and authorities stated therein; State v. 

Morgan, 170 S.W. (2d) 652. The question arises whether 

the State has assumed such liability when it enacted 

that part of Section 4 of H.B. 246. 50th Legislature, 

Acts 1947, at page 665, appertaining to A. & W. College, 

which reads: 

UAny maintenance or support items listed in the Main College, or any of its branches, 

or services shall be construed to include . . . 

insurance premiums . ~. .R 

We think such provision is clear and unambiguous. Insofar as insurance premiums are concerned, it 

authorizes the College to pay out df its funds approprited for College maintenance and support, premiums on insurance policies authorized under existing Texas laws, 
Hon. Geo. H. Sheppard, page 4 (V-722) 

such as insurance on property damage to College properties occasioned by fire or tornadoes. Attorney General's 

Opinions Nos. O-6246 and O-1762. There is absent therefrom any expression on the part of the Legislature to 

assume property liability or casualty liability occasion-. 

ed by the officers, agents or servants of A. & M. College, 

or to authorize the College Board to expend appropriated 

funds for liability insurance premiums. Furthermore, 

H. B. 246, Acts 1947, is an appropriation bill as diatfnguished from general legislation; its provisions may 

not be construed to repeal express1 or by Mplication 

general legislation or established "a~. Pi Moore v. Sheppard. 192 S.W.(2d) 559. In short, ue can find in said 

Section 4, no language indicative of a change of legialative policy with respect to insurance of A. 6: M. propert.iea which differa with that announmced in S.C.R. Ho. 

3, A&a 1921. 

Since ~the State I’S no,t, 1,iable for the tort.s 

or negligence of its offit?e'rsi agent~sor employees, being protected therefrom by reason of its sovereignty, 

it follows that the Board of Directors of A. & 14. College has no authority to expend its pub1i.c fund for 

protective liability insurance for which i,t has no need. 

Opinion No. o-1100. Accordingly, the remium on the 

policy under consideration may not lega ,E ly be paid from 

the current appropriations made to A. & W. College in 

-maintenance and support items for *insuran&e premiuzP. 

Sec. 4, H. B. 246, Acts 1947; Attorney General*s Opinion O-4315. 

SD?@lARY 

The Board of Directors of A. & M. College has no authority to pay premiums for 

liability insurance on its airplane out of 

current appropriations made in H. B. 246, 

Acts 1947. 

Section 4 of H.B. 246, permitting the use 

of A. & N. Collegets umaintenance and support 

items for . . . insurance remiumd,$ does not 

change or enlarge the legia P ative po&ic~Y with 

respect to insurance of State properties as 
Hon. Gee. H. Sheppard, page 5 (V-722) 

announced in S.C.R. Ho. 3, Aeta 192L 

Attorney General's 0 

v. Morgan, 170 S.W. P 

inion O-UOO; State 

2d) 652. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BY ~~~ 

Cheater E. Olliaon 

Assistant 

CEO:mw:mds 

APPROVED: 

22iL &+AP 

ATTORNEY GEWRAL 

i