OFFICE OFTHEATTORNEY GENERAL OF TEXAS AUSTIN
G- c.MANN &-oP(-

Honorable Barry -ox, Chaintan State Board ot Control Austin, Texas
Dear Sirr

iluus onpolioiar or* oovsring athraeopinion of t&is’ dapartabean rsOmOa.

ontrol has her0t0r0ra ran00 protsotion at and,agencies on a in advanoa out of ourenanae approprlatlons, tbus mktng athree fear oonttiaot. Canthe Board of Contziol lsgfor inlatzrance iox? a three-year eonGanthe various Stat. inetituaganol6s pay in advanar, fr0a ourrrnt appropriations, for praalums on p0liOiae OfInsuranoe oovarlng a three-year period?” This departrasnt ln~Opini~on No. O-201, held that the. State Board of Health was unauthorieed to insure State property in its posrcrsion against lose bp firr, unless a speoliio appropriation had been mada for, that purpose. That opinion was based upon the ~rop0~sltion that ths Lagislaturs had in Senate .Oonauxrsnt Rssolutlon NO. 

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OPlNleN “WL.ISLi APPROVED BY TWE ATTORNLI OLNLRAL 0” FIRST ASS,S,ANrHonorable Harry Knox, Page 2

at the Second Called Session of the 37th Legislature, &aclarad it to “be the fixed policy of this state to carry its ownInsurance upon stata buildings and contents, and that no insuranoe golioy shall be taken out upon any of the pub110 buildings and contents tharaof..

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Our opinion No. O-842 holds that the Commlssloner of Agriculture has no authority, in the abeanaa of a sproitlo appropriation for suoh purpose, to pay the premium on fire or caaualtp ineursnoe policy Issued oncertain livsstock owned by the State..

Anavailable, apealfio approprlatlon to pay the premium on any kind of 8polioy issued in favor o$ the State uould amount to a subsequent declaration of policy by tha Legislature and would, to that extant, rapaal the policy announoed by the resolution above referred to.

Be have carefully examined the various appropriation bills passed by the 46th Legislature, and so far as we have been able to find, there are no spaoifio appropriations made to the various State institutions and agsnolas for the purpose of paying the premium on the polloias under oonsldoration. “All pabllo oifioea and officers are oraaturas of law. The powers and duties of pub110 offioara are defined and limited by law. Bybeing derlnad and limited by law, wemea,nthe eat of apublic officer must be exprasel~ authorized by law or lmplied therefrom. 22R. C. L., p. 555, Sac. 114. It rollows from the above that publia orrioers may make only such oontraots for the government they represent as they are authorized by law to make.” Fort Vorth Cavalry Club, Inc. vs. Sheppard, 83 S.W. (2d) 660. hrtar carefully raviawlng Chapter8 1to 7a, lnoluSiVS)of Title 20, Vernon’s Annotated Civil Statutes, wedo not find whare the Board of Control is authorized to eontraot for insurance for athree-year period. Therefore, your first question is respectively answered in tha negative.Bonorabla'Harry Knox, Pa&a 3

In view of what has bran said abava, It naturally follows that your saoond question must be anzwarad in the negative and is so answered.

Trusting that the foregoing fully amwars your inquiry, we ara Very truly your8 ATTOREET

CBT8RhLOrTPJCAS

Ardall William8 Asmletant

AWlor

ATTORNEYGENERALOPTEXAS