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THE ATTORNES GENERAL 

OF TEiXAS 

AUSWIN. TExAn78711 

January 20, 1970 

Honorable Charles Murphy 

Director 

Texas Aeronautics Commission 

204 W. 16th Street 

Austin, Texas 

Dear Mr. Murphy: 

Opinion No. M-559 

Re: Whether an airplane owned 

and operated by a State 

agency may be covered by 

liability insurance purchased under the provisions 

of Article 6252-19, V.C.S., 

(Texas Tort Claims Act), 

or Article 6252-19a, V.C.S., 

and related questions. 

You have requested the opinion of this office on the following questions: 

"1. May liability insurance be procured,by 

the Texas Aeronautics Commission on an airplane 

under either the provisions of the Texas Tort Claims 

Act or H.B. 203 of the 61st Legislature? The airplane 

is owned and operated by the Texas Aeronautics Commission. 

“2 . May liability insurance covering premises' 

defects be procured by the Texas Aeronautics Commission under either the provisions of the Texas 

Tort Claims Act or Ii. B. 203 of the 61st Legislature?" 

In answering your first question, we :would note that the Texas 

Tort Claims Act, Article 6252-19, Vernon's Civil Statutes, generally authorizes a governmental unit to purchase liability insurance 

to cover its operations. However, in Article V, Section 57, the 

General Appropriation Bill forbids the expenditure of appropriated 

funds for the purchase of liability insurance to cover tort claims 

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Honorable Charles Murphy, page 2 (M-559) 

which arise under the Tort Claims Act. If funds are available 

for the purchase of such insurance, it can only be through the 

authority of H.B. 203, codified as Article 6252-19a. Vernon's 

Civil Statutes, which is quoted as follows: 

"Section 1. The state departments who now own 

and operate motor vehicles shall have the power and 

authority to insure the officers and employees from 

liability arising out of the use, operation, and 

maintenance of automobiles, trucks, tractors and other 

power equipment used or which may be used in the operation of such department. Such insurance shall be provided by the purchase of a policy or policies for 

that purpose from some liability insurance company or 

companies authorized to transact business in the State 

of Texas. All liability insurance so purchased shall 

be provided on a policy form or forms approved by 

the State Board of Insurance as to form and by the 

Attorney General as to liability. 

"Section 2. In case said department elects not 

to so insure its employees against liability as above 

mentioned: 

"An employee of the State of Texas, in addition 

. to any compensation provided in the General Appropriations Act, shall receive as compensation any sum of 

money expended by such employee for automobile 

liability insurance required of such employee by the 

department, agency, commission, or other branch of the 

state government for which such employee is employed." 

Although the term “motor vehicles" is not precisely defined in the 

above quoted statute, it is linked with specific equipment of the 

road-use type. Further, in Section 2 we note that the alternative 

T.&hod of insuring makes specific reference to "automobile liability insurance". Moreover, since aircraft insurance policies 

are contracts that differ completely from standard automobile 

insurance contracts, it is our view that the above quoted statute 

cannot be interpreted so as to include State-owned and operated 

aircraft within its authorization. 

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Honorable Charles Murphy, page 3 (M-559) 

In specific answer to your question number one, you are 

advised that it is the opinion of this office that appropriated 

funds may not be used to purchase liability insurance 6n an 

aircraft under the Texas Tort Claims Act, Article,6252-19; An 

aircraft is not a "motor vehicle" within the terms of Article 

6252-19a, and personal liability insurance may not be purchased 

for employees operating such aircraft. We have.been advised that 

the Texas Aeronautics Commission owns.and oper+t+C’only, one .aircraft, and no other means of transportation of.any kind:~ Under 

ouch circumstances the Commission would have no authority tp 

purchase personal liability .insurance for any smpioyao,undem 

P. B. 203 (Article 6252-19a). 

With regard to your mecond question, liability ins-e 

covering premises defects may be purchaeed under the authority 

of the Texas Tort Claims Act, providng that no presently appmpriatsd fundm are used. Article 62X2-19a, qw+od l upra, permita 

only the purchase of insurance to cover the personal liability 

of an employee incurred by his operation of a State-owned . 

vehicle in the course and scope of his employment. Such muthorimation does not extend to the purchame of.liability,inswwce 

covering premises defects. 

S UMM~AR'Y 

Presently appropriated funde may not be used 

to purchase liability insurance to cover tort 

claims which arise under Article 6252-19, V.C.E., 

the Texas Tort Claims Act. 

An aircraft is not a "motor vehicle* within 

the terms of Article 625249a, V.C.S., and personal liability insurance may not be purchased 

for employees operating such aircraft. 

A governmental agency may purchase liability 

insurance covering premises defects under the 

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Honorable Charles Murphy, page 4 (M-559) 

Texas Tort Claims Act, providing that no appropriated funds are used. Article 6252-19a does 

not permit the purchase of premises defect 

insurance. 

truly yours, 

Prepared by Malcolm L. Quick 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

Alfred Walker, Co-Chairman 

Houghton Brownlee 

Roger Tyler 

Louis Neumann 

Wardlow Lane 

KRADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WRITE 

First Assistant 

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