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 legallypay 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).TheCommissioners Court . . . may authorize the sheriff
. . ..toappoint reserve deputy sheriffs
. . .who shall be subject to serve~aspeace officers during the actual dischargeof their official duties on call of the sheriff.
. . .

. . . : (c)Such reservedeputy sheriffs shall serve at the discretion of the sheriff and may be calledPintoservice at any time the sheriff considers it necessary to have additional officers to preserve the peace and enforce the law . . . . (d)Such reservedeputy sheriffs
. . . shall serve without paybut the Commissioners Court may provide compensation for the purchase of uniforms and/or equipment used by such. individuals.

. . . .

p/3996The Honorable HenryWade - page 2 (R-958)
(f)Such reserve deputy sheriffs,while on active duty at the call of the sheriff and while engaged in their assignedduties
. . . shall be vestedwith the same rights, privileges, obligationsand duties of any other peace officer of the State of Texas.

This statutewas 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in 1971,and a section of the bill passed by the Legislature provided, "(all1 laws in conflict herewith are hereby repealed to the extent of such conflict."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 inAttorney General OpinionsM-990 (1971),M-1026 (1971),and M-1267 (1972). See alsoAttorney General Opinion H-228 (1974).

-- In 1967 the peopleof 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 hospitalbills for Sheriffs,Deputy Sheriffs, Constables, Deputy Constables and other count -+ and precinct law enforEZiieiiEFficia 8who are injured inhe course of their official duties; providingthat while said
. .~.law enforcement official is hospitalizedor incapacitatedthat the county shall. continue to pay hismaximum salary. . ..Rnphasis added). article

Reserve deputy sheriffs,when on ,dutyand serving pursuant to the call of the sheriff are clearly "county law enforcement officials" within the scope of the constitutionalprovision. No statute can forbidwhat the Constitution expressly allows nor do we think section 2 of article 6869.1attempts to contravene the Constitution.

p* 3997. -

The Honorable HenryWade - page 3 (R-958)

The constitutionalprovision authorizes the commissioners court to pay medical expenses, but it does not command that they be paid. It does not impose liabilityon the county for such expenses. The statutemerely states that the county shall not incur any liabilit + for personal injuries suffered by reserve deputies; oes not attempt towithdraw from the commissioners court the discretionary power lodged in it by the constitutional. provision. If the countyvoluntarily 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 countypursuant to law can be legally extended to reserve officers by the county. Such an expenditurewould be legally unauthorizedbecause therewould exist no public purpose for providing such coverage to'reserve officers aside from compensating them, and the statuteprecludes their compensation. SeeAtto~rney General Opinion H-338 ,(1974). SUMMARY Premiums on group insurance coverage for reserve deputy sheriffsmay be paid by a county only if the insurance coverage is limited to the risk of loss formedical expensesvoluntarily'assumedby the county pursuant to article 3, 9 52e of the Texas Constitution. Very truly yours,

i: '- 1 p. 3998J The Honorable HenryWade - page 4 (H-958)

APPROVED:

Opinion Committee jwb

" p. 3999