June 17, 1953 Holding sustained by 

Supreme Court in case 

of Bennett vs. Brown 

County Water 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 to purchase 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 Commission purchase 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 city may exercise a proprietary function, while a county, 

as a mere aubdivision of the State, can exercise only 

governmental functions.' (Emphasis added) 

Counties are created by the State for governmental purposes, 

their functions are political and administrative, and power 

conferred on them are duties imposed rather 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 Colorado River Authority 163 

S.W. 2d 855, 85% (Tex.Civ.App.1942, error dism. by agr:) it 

is stated that "It is equally well settled, however, that a 

county is a governmental agency and as such is immune from 

liability for all torts, just as is the State itself, unless 

such liability is created by 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 in part 

followsd 

n . . . the exercise of any other powers herein grante,d to 

municlpaliti8s, and other public agencies, to be severally ,OF 

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'governmsntal funotionav. 

and since 'the statute expressly provides that the county shall 

operate the county airport in a governmenta,l capacity, .lt Is 

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,a its credit or grant public money in 

aid of or to any indivlaual. We think this section of our 

Constitution prohibits the'Commissionersl Court 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,reenlt r8ached. .., ^ 

A county can 8x8mise 'only governmental 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.to purchase liability insurance 

covering operation of~Harrison County Muni,qipal, Airport. ,, 

APPROVED: ,, 

J. C. Davis, Jr. 

County-Affairs Bivi,eion 

~YOurS very ~truly, 

'JOHR BER SRBPPERD 

&ttbmQY %&Q~. 

8/ &am C. Ratliff 

Willis E. Gresham 

Reviewer 

Robert 9. Trottl 

First Aaslstant 

John Ben Shepperd 

Attorihy Oeneral 

SCR:am/og 

BY 

Sam C. Ratliff', ~' 

,. Assistant