June 17, 1953 Holding sustainedby Supreme Court in case of Bennett vs. Brown CountyWater Improvement DistrictNo. 1 272 SW 2d 498
Hon. William Caven County Attorney Harrison County Marshall, Texas Opinion No. @is Re: Authority of the Commissioners' Court topurchase liability insurance covering operation of Harrison County Municipal Airport.
Dear Sir: You have requested an opinion on the following question: "Can the Commissioners'Court of Harrison County,Texas; or Harrison County Airport Commissionpurchase liability insurance for the purpose of covering damages resulting from injuries caused by the negligent operation of the narrlson County Municipal Airport?"
In the case of Miller v. El Paso CountyE S.W. 2d 1000, 1503, (1941) the Supreme 136 Tex. 370, 150 ourt of Texas heldt
"A citymay exercise a proprietary function,while a county, as a mere aubdivision of the State, can exercise only governmental functions.' (Emphasisadded) Counties are created by the State for governmentalpurposes, their functions are political and administrative,and power conferred on them are duties imposedrather than privi1ege.s granted. Orndorff v, State, ex rel &Neal, 108 S.W. 2d 206 Tex. Civ. App. 1937, error ref.). in the case of Hedge v. Lower ColoradoRiver Authority 163 S.W. 2d 855, 85% (Tex.Civ.App.1942,error dism.by agr:) it is stated that "It is equallywell settled,however, that a county is a governmental agency and as such is immune from liabilityfor all torts, just as is the State itself,unless such liability is createdby statute." See Braissard V. Webb County, 128 S.W. 2d 475 (Tex.Civ.App..l939)to the same erfect..-.-

Hon. William Caven, page 2 (S-5.5) Article 46dA15, Vernon's Civil Statutes,provides inpart followsd
n

. . . the exercise of any otherpowers herein grante,d to ,OF municlpaliti8s,

and other public agencies, to be severally jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public neoesafty; and.in the case of any county, are declared to be county functions and purpbses as well as public,

and gov8rnmental. ; .w' a8

Since the county *can exercise only'governmsntalfunotionav. and since 'thestatute expresslyprovides that the county shall operate the county airport in a governmenta,l capacity, .ltIs our opinion that the county fa not liable for the acts of its agents,and employees In the operation of a county airport. Sections2, Aritcle'III of the Constitution of Texas den188 the right of a omunty',to len,aits credit or grant public money in aid of or to any indivlaual. We think this section of our Constitutionprohibits the'CommissionerslCourt from purchasing liability insurance &overing the,operatien of Harrison County Municipal Airport. Attorney General Opinion O-7185 

### (~946) 'is hereby expresly overruled, and Attorney deneral Opinio,n v-763, (1949) $8 sustained as to,the,reenltr8ached. .., ^

A countycan 8x8mise 'onlygovernmental functions an8 is not liable for acts of its agents and ,einployees in operation ,of,a, county airport. Therefore,,the Conrmissionere",Eourt of Harrison County ha.s no authority.topurchase liability insurance covering operation of~HarrisonCounty Muni,qipal, Airport.
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APPROVED: ,, J. C. Davis, Jr. County-AffairsBivi,eion ~YOurS very ~truly, 'JOHRBER SRBPPERD &ttbmQY %&Q~. 8/ &am C. Ratliff Willis E. Gresham Reviewer Robert 9. Trottl First Aaslstant John Ben Shepperd Attorihy Oeneral SCR:am/og BYSam C. Ratliff',~'

,.Assistant