i 

-a THE ATTORNEY GENERAL 

OF TEXAS 

Auom~.TwAs 7'8711 

March 17, 1977 

The Honorable Henry Wade 

District Attorney 

Dallas County 

6th Floor, Records Building 

Dallas, Texas 75202 

Dear Mr. Wade: 

Opinion No. H-958 

'Re: Premiums.on group 

insurance coverage for 

reserve deputy sheriffs. 

You have asked if Dallas County may legally pay premiums 

for group disability, accidental death and dismemberment, 

and medical coverage insurance for those persons appointed 

reserve deputy sheriffs pursuant to article 6869.1, V.T.C.S. 

That statute reads, in part: 

Sec. 1. (a) .The Commissioners Court . . . 

may authorize the sheriff . . . .to appoint 

reserve deputy sheriffs . . . who shall be 

subject to serve~as peace officers during 

the actual discharge of their official 

duties on call of the sheriff. . . . 

. . . : 

(c) Such reserve deputy sheriffs shall 

serve at the discretion of the sheriff and 

may be called Pinto service at any time the 

sheriff considers it necessary to have 

additional officers to preserve the peace 

and enforce the law . . . . 

(d) Such reserve deputy sheriffs . . . shall 

serve without pay but the Commissioners Court 

may provide compensation for the purchase of 

uniforms and/or equipment used by such. 

individuals. 

. . . . 

p/3996 
The Honorable Henry Wade - page 2 (R-958) 

(f) Such reserve deputy sheriffs, while on 

active duty at the call of the sheriff and 

while engaged in their assigned duties . . . 

shall be vested with the same rights, privileges, 

obligations and duties of any other peace 

officer of the State of Texas. 

This statute was enacted in 1971, and a section of the 

bill passed by the Legislature provided, "(all1 laws in 

conflict herewith are hereby repealed to the extent of such 

conflict." Acts 1971, 62nd Leg., ch, 506 at 1738. The 

status of reserve deputy sheriffs was discussed in Attorney 

General Opinions M-990 (1971), M-1026 (1971), and M-1267 

(1972). See also Attorney General Opinion H-228 (1974). -- 

In 1967 the people of Texas added section 52e to 

3 of the Texas Constitution, which provides in part: 

Each county in the State of Texas is hereby 

authorized to pay all medical expenses, all 

doctor bills and all hospital bills for 

Sheriffs, Deputy Sheriffs, Constables, 

Deputy Constables and other count 

precinct law enforEZiieiiEFficia -+ 8 who andare 

injured inhe course of their official 

duties; providing that while said . . ~. law 

enforcement official is hospitalized or 

incapacitated that the county shall. continue 

to pay his maximum salary. . ..Rnphasis 

added). 

article 

Reserve deputy sheriffs, when on ,duty and serving pursuant 

to the call of the sheriff are clearly "county law enforcement 

officials" within the scope of the constitutional provision. 

No statute can forbid what the Constitution expressly allows 

nor do we think section 2 of article 6869.1 attempts to 

contravene the Constitution. 

p* 3997 
. - 

The Honorable Henry Wade - page 3 (R-958) 

The constitutional provision authorizes the commissioners 

court to pay medical expenses, but it does not command that 

they be paid. It does not impose liability on the county 

for such expenses. The statute merely states that the county 

shall not incur any liabilit 

+ 

for personal injuries suffered 

by reserve deputies; oes not attempt to withdraw from 

the commissioners court the discretionary power lodged in it 

by the constitutional. provision. 

If the county voluntarily assumes the risk of paying 

the medical expenses~of its reserve deputies resulting from 

injuries to them sustained in the course of their official 

duties, we think the county has the implied legal authority 

to protect itself against the~risk it has assumed. See 

Attorney General Opinions H-139 (19731, H-70 (19~731.m-813 

(1960). 

However, in our opinion no insurance coverage broader 

than that necessary to cover the risks voluntarily assumed 

by the county pursuant to law can be legally extended to 

reserve officers by the county. Such an expenditure would 

be legally unauthorized because there would exist no public 

purpose for providing such coverage to'reserve officers 

aside from compensating them, and the statute precludes their 

compensation. See Atto~rney General Opinion H-338 ,(1974). 

SUMMARY 

Premiums on group insurance coverage 

for reserve deputy sheriffs may be paid 

by a county only if the insurance coverage 

is limited to the risk of loss for medical 

expenses voluntarily'assumed by the county 

pursuant to article 3, 9 52e of the Texas 

Constitution. 

Very truly yours, 

i: '- 

1 

p. 3998 
J 

The Honorable Henry Wade - page 4 (H-958) 

APPROVED: 

Opinion Committee 

jwb 

" p. 3999