OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

G- c. MANN 

&-oP(- 

Honorable Barry -ox, Chaintan 

State Board ot Control 

Austin, Texas 

Dear Sirr 

iluus on polioiar or* 

oovsring a thraeopinion of t&is’ daparta bean rsOmOa. 

ontrol has her0t0r0ra 

ran00 protsotion at 

and, agencies on a 

in advanoa out of ourenanae approprlatlons, t bus 

mktng a three fear oonttiaot. 

Can the Board of Contziol lsgfor inlatzrance iox? a three-year eonGan the various Stat. inetituaganol6s pay in advanar, fr0a ourrrnt 

appropriations, for praalums on p0liOiae Of Insuranoe 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. 3, passed 

wo 0011Y”“lcA?wt4 IS 70 LI cOwm”rD u * WAIT”LHTAL OPlNleN “WL.ISLi APPROVED BY TWE ATTORNLI OLNLRAL 0” FIRST ASS,S,ANr 
Honorable 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 own Insurance upon stata buildings and contents, and 

that no insuranoe golioy shall be taken out upon any of the 

pub110 buildings and contents tharaof.. . .n 

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 on certain livsstock owned 

by the State.. 

An available, apealfio approprlatlon to pay the 

premium on any kind of 8 polioy 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. By being derlnad 

and limited by law, we mea,n the eat of a public officer must be exprasel~ authorized by law or lmplied therefrom. 22 R. 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 1 to 7a, lnoluSiVS) of Title 20, Vernon’s Annotated Civil Statutes, we do 

not find whare the Board of Control is authorized to eontraot 

for insurance for a three-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 CBT8RhL Or TPJCAS 

Ardall William8 

Asmletant 

AWlor 

ATTORNEY GENERAL OP TEXAS