August 26, 1975 

The Honorable W. J. Estelle. Jr. 

Director, Texas Department 

of Corrections 

Huntsville, Texas 77340 

Dear Mr. Estelle: 

Opinion No. H- 676 

Re: Payment to state employees 

injured or killed while performing the duties of a 

hazardous position. 

You have requested our opinion regarding payment of compensation 

under article 6822a. V. T. C. S., to state employees injured or killed while 

performing the duti~es of a hazardous position. We note that although the 

state employees workmen’s compensation statute, article 8309h, V. T. C. S., 

overlaps to some extent with the provisions of article 6822a, we do not 

believe article 6822a has been impliedly repealed. See Attorney General 

- 

Opinion H-338 (1974). 

Specifically, you inquire: 

(1) Whether inclusion of the~term”hazardous 

position’ in article V, section 8 of the 1973 

General Appropriations Act is consistent with 

the language of article 6822a. V. T. C. S., which 

authorizes payment of compensation to certain 

state employees. 

(2) Whether the administrative head of an 

agency is authorized to determine which positions shall be classified as ‘hazardous positions. ’ 

(3) Whether an employee who works in a hazardous 

position might be compensated for injuries received 

while he is engaged in activities not related to the 

hazardous classification. 

p. 2945 
. 

The Honorable W. J. Estelle, Jr., page 2 (H-676) 

Article 6822a provides: 

Section 1. The Legislature is hereby authorized to 

appropriate public funds for the purpose of paying 

for drugs and medical, hospital, laboratory, and 

funeral expenses of state employees injured or 

killed while engaged in performance of a necessary governmental function assigned to the employee, 

or where the duties of such employee require the 

employee to expose himself to unavoidable dangers 

peculiar to the performance of a necessary governmental function. 

Section 2. Agencies of the state are hereby 

authorized to expend appropriated funds for the 

purpose of paying for drugs and medical, hospital, 

laboratory, and funeral expenses to those state 

employees under their jurisdiction and control 

only when such employees are engaged in the activities described in Section 1 of this Act, and only 

to the extent authorized by appropriations made 

by the Legislature . . . 

Article V, section 8 of the current General Appropriations Act’protides, 

in pertinent part: 

. . . appropriations made in this Act . . . may 

also be expended for paying necessary drug, medical, 

hospital, and laboratory expenses for the care a’nd 

treatment of any State employee injured while performing the duties of any hazardous position to which 

he is assigned by his State employment. For the 

purposes of this Section, ‘hazardous position’ shall 

mean one for which the regular and normal duties 

inherently involve the risk or peril of bodily injury 

or harm . . . 

p. 2946 
The Honorable W. J. Estelle. Jr., page 3 (H-676) 

In our opinion, article V, section 8 of the Appropriations Act 

validly appropriates funds upon the authority of article 6822a. The 

Legislature has chosen to implement only that portion of article 6822a 

which provides compensation for those employees who are injured or 

killed and whose duties “require the employee to expose himself to 

unavoidable dangers peculiar to the performance of a necessary governmental function. ” The definition of “hazardous position” in article V, 

section 8 appears to be equivalent in all respects to the language of 

article 6822a. and we perceive no inconsistency between these statutes. 

See Attorney General Opinion No. M-431 (1969). 

- 

Section 2 of article 6822a authorizes .the expenditure of appropriated 

funds by “agencies of the state, ” and it seems apparent that, within 

the terms of article 6822a and the definition of “hazardous position” in 

article V, section 8 of the Appropriations Act, the power to expend 

includes the authority to determine which positions are within the 

statutorily-defined classification. Whether the administrative head 

of a particular a’gency is himself cloaked with the authority to make 

this determination depends upon the legislation creating the agency and 

the powers conferred upon~ its chief administrative officer. We therefore cannot answer this question in general terms. In the case of the 

Texas Department of Corrections, however, the Board of Corrections, 

together with the Director, is vested with the general authority of 

management and control by article 6166g. V. T. C. S. , and the Board 

is directed by article 61663 to delegate to the Director the “authority 

to manage the affairs of the prison system, subject to its control and 

supervision.” Accordingly, we believe that the Director of the Texas 

Department of Corrections is authorized, subject to the “control and 

supervision of the Board of Corrections, ” to determine which positions 

shall be classified as “hazardous positions. ” 

As to your third question, it is our opinion that an employee may be 

compensated only for those injuries incurred while actually “performing 

the duties of [a] hazardous position to which he is assigned. ” If the 

assignment is “hazardous. ” and an injury occurs, the employee may be 

compensated, even though the injury is unusual or unexpected. In 

Attorney General Opinion M-431 (1969), this office held that a psychologist 

in a state hospital who contracted tuberculosis from a patient as a result 

of a two-hour psychological examination qualified for compensation, since 

the psychologist’s position was “hazardous” and since his “injury” was 

p. 2947 
The Honorable W. .I. Estelle. Jr., page 4 (H-676) 

job-related. Thus, we believe that in order for an employee to receive 

compensation pursuant to article 6822a and article V, section 8 of the 

General Appropriations Act he must be assigne.d to a “hazardous position” 

and further, his injury must directly result from performing the duties 

of such hazardous position. 

SUMMARY 

Article V, section 8 of the 1973 General 

Appropriations Act implements article 6822a. 

V.T.C.S.. by authorizing payment of compensation to any state employee killed or injured 

while performing the duties of any “hazardous 

position. ” Whether the administrative bead of 

a particular agency is authorized to determine 

which positions &all be classified as “hazardous” 

depends upon the legislation creating the agency. 

Any employee to whom compensation is paid 

must be assigned to a “hazardous position” and 

his injury must directly result from performing the duties of such hazardous position. 

*Very truly yours, 

Attorney General of Texas 

DAVID=. KENDALL. First As$istant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 2948