May 8, 1968 

Mrs. Marie Winters Opinion No. M-231 

Firemen's Pension Commissioner 

1010 Sam Houston Building Re: Whether paid firemen opAustin, Texas 78701 erating an emergency ambulance service as a 

Dear Mrs. Winters: 

regular operating portion of the Fire Department are covered for disability benefits under 

Section 7 of the Firemen's 

Relief.and Retirement Law 

in the event of injury on 

such ambulance duty,.and 

related question. 

you have requested an opinion of this office on the 

following question: 

"May we have your official.,ruling on 

whether or not paid firemen operating an 

emergency ambulance service as a regular 

operating portion of the Fire Department 

would be covered for disability benefits 

under Section 7 of the Firemen's Relief 

and Retirement Law in the event they were 

injured.on ambulance duty - and whether or 

not their widows or.beneficiaries would be 

covered under Section 12." 

By describing the ambulance service as "emeraency' in 

nature, we presume that it is to function only when it becomes 

the duty of the firemen to provide this necessary service, 

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Mrs. Marie Winters, ~page 2 (M-231) 

House Bill 68, Acts 55th Legislature, Regular Session, 

1957, Ch. 275, p. 617, codified as Section 7 and Section 12 of 

Article 6243e, Vernon's Civil Statutes, read, in part, as follows 

#Sec. 7. Whenever a person servins as 

an active fireman dulv enrolled in anv reoularlv active fire department in anv city or 

town in the State having a population of less 

G, five hundred thousand (500,000) according 

to the lastpreceding Federal Census, which 

city or town is now within, or may hereafter 

corm withinthe provisions of this Act, shall 

become nhvsicallv or mentally disabled ws 

in and/or in conseauence of, the performance 

of his duty'.,said Board of Trustees shall upon 

his request, or without such request if it shall 

deem proper and for the good of the department, 

retire .such person from active service either 

upon total or partial disability as the case 

inay'~warrant .. .* (Emphasis added.) 

Sections 4 and 5 of Article XI of the Constitution of 

Texas authorize cities and towns to be incorporated as political 

subdivisions of the state, subject to such limitations as the 

Legislature may prescribe and provided that the charter or ordinances passed under ,authority of the charter'comply with the 

Constitution of the State of Texas and all general laws enacted 

by the Legislature. 

Article 1011, Vernon's Civil Statutes, reads, in part, 

as follows: 

"The City Council, or other governing 

body shall have power to pass, publish, amend 

or repeal all ordinances, rules and police 

regulations, not contrary to the Constitution 

of this State, for the good government, peace 

and order of the City . . ." 

Article 1175, Vernon's Civil Statutes, reads, in part, 

as follows: 

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*s. Marie Winters, page 3 (M-231) 

"Cities adopting the charter or amendment hereunder shall have ~full power of local 

self-government, and among the other powers 

that may be exercised by any such city the 

following are hereby enumerated for greater 

certainty: 

II . . . 

"27. To provide for police and fire 

departments. 

-28. To provide for a health department and the establishment of rules and regulations protecting the health of the city 

and the establishment of quarantine stations, 

and pest houses, emergency hospitals and 

hospitals, . . . 

II . . . 

"34. To enforce all ordinances necessary 

to protect health, life and property, and to 

prevent and summarily abate and remove all 

nuisances and to preserve and enforce the 

good government, order and security of the 

city and its inhabitants." 

Cur Courts have held that under authority of Articles 

1011 and 1175 that the State ,has delegated to municipalities under 

the police power, the right to protect the health, safety.morals 

and general welfare of their citizens by regulations that are 

reasonable and necessary for that purpose, subject to limitations 

imposed by the Constitution and statutes enacted by the Legislature 

40 Tex.Jur.2d 12, Municipal Corporations B 321,, 322: Keel v. Pulte 

Comm. of Appeals, Sec. A (19281, 10 S.W.2d 694; tombardo v. Dallas, 

124 Tex. 1, 73 S.W.2d 475: City of Dallas v. Smith, 130 Tex. 225, 

107 S.W.2d 872 (1937); 12 Tex.Jur.2d 408 8 62, 63 and 64. 

The health and safety of~the public is of primary 

importance to all ordered forms of government. In the preservation 

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Mrs. Marie Winters, page 4 (X-231) 

and protection of the public health, every sovereign may, in 

the exercise of the police power, enact laws directed to that 

purpose. The Legislature may delegate powers relating to the 

public health to various agencies or subdivisions of the State. 

28 Tex.Jur.2d 9, Health R 1, 2; 39 C.J.S. 811, Health E! 2. 

The provisions of Articles 1011 and 1175 and Sections 

4 and 5 of Article XI of the Constitution plainly show that 

cities and towns, duly incorporated, are charged with the important 

gwernmental function of the preservation and protection of the 

public health within those towns and cities which is within the 

police power of the state. 

In Attorney General's Opinion C-772 (1966), we held 

that pursuant to the general powers of the county to expend 

general revenues of the county in behalf of the public health 

and sanitation under Article 4418f, Vernon's Civil Statutes, 

the county may operate and maintain an ambulance service within 

the county. We have also held that the Tarrant County Hospital 

District, under the provisions of Article 4494n and Section 4 of 

Article XI of the Constitution, is charged with the preservation 

and promotion of the public health within the district under the 

police power of the state, and is authorized to acquire and operate an ambulance service within the district. Attorney General's Opinion C-759 (1966). 

In view of the foregoing, you are hereby advised that 

the governing bodies of cities and towns, pursuant to Section 4 

and 5 of Article XI of the Constitution of Texas and Articles ( 

1011 and 1175 have the authority under the broad police powers 

granted them by the State to perform "emeroencv" ambulance service within their city in order to protect the health, safety and 

general welfare of the citizens of the city. Any paid fireman 

performing "emerqencv" ambulance service as a duty of the fire 

department would be entitled to disability benefits under Section 7 of Article 6243e in the event he was injured while acting 

in the scope of such emergency ambulance service. This statute 

must be given a liberal construction in favor of the fireman. * 

of Firemen's Relief & Retirement Fund Trustees of Houston v. Mark% 

237 S.W.Zd 420 (1951), rev. on other grounds, 150 Tex. 433, 242 

S.W.2d 181. 

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~rs. Marie Winters, page 5 (M-231) 

SUMMARY 

Paid firemen performing "emerqencv" ambulance services as a duty of the fire department would be eligible for the benefits of Section 7 and Section 12 of Article 6243e. Vernon's 

Civil Statutes. 

“YP truly yours, 

ORD C. MARTIN 

General of Texas 

Prepared by William J. Craig 

Assistant Attorney General 

APPROVED: 

OPINION CCMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

John Banks 

James Quick 

Dyer Moore, Jr. 

Bill Allen 

A. J. CARUBBI, JR. 

Bxecutive Assistant 

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