March 17, 1969 

Honorable Marie Winters 

Firemen's Pension Commissioner 

1010 Sam Houston Building 

Austin, Texas 78701 

Dear Mrs. Winters: 

Opinion No. M-358 

Re: Whether volunteer firemen operating an emergency ambulance service 

as a regular operating 

portion of the Volunteer 

Fire Dept. are covered 

by Sees. 7 8 and 12 of 

Article 6243e, V.C.S. 

You have requested an opinion of this office on the 

above captioned question. 

Article 6243e, Vernon's Civil Statutes, reads, in 

part, as follows: 

II . . . 

"Sec. 7. Whenever a person serving as an 

active fireman duly enrolled in any regularly 

active fire department in any city or town in 

the State having a population of less than five 

hundred thousand (500,000) according to the 

last preceding Federal Census, which city or 

town is now within, or may hereafter come 

withqn the provisions of this Act, shall become physically or mentally disabled while 

n and/or n consequence 0 

kop;i~;~~u~;:d Board off4 rustees the perfor??nce sha 

, or without such request, 

if it shall deem proner and for the good of 

the department, retire such person from active 

service either upon total or partial disability 

as the case may warrant. . . . 

"Sec. 8. Whenever any duly enrolled member of any regularly organized active fire 

department of any city or town now coming 

-1768- 
Mrs. Marie Winters, page 2 

within or that may hereafter come within the 

nrovisions of this Act as herein limited. on 

account of accident or other temporary disability caused or sustained~ while in, and/or 

iLn consequence of the performance of his 

3 ti 

H$ 

b fi dt 

azdg a:&1 

h it 1 

~e~%re"$e 

t 

trofssFona1 

services of. a physician; surgeon br nurse, 

said Board of Trustees shall upon presentation 

of properly itemized and verified bills therefor, order paid from the Firemen's Relief and 

Retirement Fund of that city or town, all necessary hospital, physician's, surgeon's, nurse's 

and/or medicine bills or expenses and not less 

,than Five Dollars ($5) nor more than Fifteen 

Dollars ($15) per week to such fireman during 

such temporary disability; provided however, 

that in no case shall the amount or amounts 

so paid for such bills and expenses exceed the 

aggregate sum of One Hundred Dollars ($100) 

in any one month; and provided further, that 

the benefits provided by this Section shall 

not apply to any city or town having a fully 

paid fire department. 

II 

. . * 

"Sec. 12. If any member of any department In any city or town having a population 

of less than five hundred thousand (500,000) 

according to the last preceding Federal Census, 

which city or town is now within or may hereafter come within the provisions of this Act, 

who has been retired on allowance because of 

length of service or disability. shall thereafter die from any cause whatsoever; or if 

while In service, any member shall die from 

any cause growing out of and/or in consequence 

of the performance of his duty; or shall di‘efrom any cause whatsoever after he has become 

entitled to an allowance or pension certificate 

and shall leave surviving a widow, a child or 

children under the age of eighteen (1.8) years 

or a dependent parent, said Board of Trustees 

shall,,order paid a monthly allowance as follows: 

. . . (Emphasis added.) 

-1769- 
. - 

Mrs. Marie Winters, page 3 

This office held in Attorney G;neral's Opinion No, M231 (1968) that paid firemen performing emergency ambulance 

service as a duty of the fire department would be eligible for 

the benefits authorized by Section 7 and Section 12 of Article 

6243e. 

It is the opinion of this office that duly enrolled 

volunteer firemen performing "emergency" ambulance service as 

a duty of the Volunteer Fire Department are covered for benefits 

under Sections 7, 8 and 12 of Article 6243e, Vernon's Civil 

Statutes, on the same basis that paid firemen are afforded 

coverage for emergency ambulance duties. 

SUMMARY 

Duly enrolled volunteer firemen performing 

"emergency" ambulance service as a duty of the 

Volunteer Fire Department are covered for disability benefits under Sections 7, 8 and 12 of 

Article 6243e, Vernon's Civil Statutes. 

Very truly yours, 

4Gzigk&P&F 

At rney General of Texas 

Prepared by William J. Craig 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

James McCoy 

Bill Corbusler 

Jo Betsy Lewallen 

Sally Phillips 

W. V. GEPPERT 

Staff Legal Assistant 

-1770-