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# THE ATTORNES GENERAL OF TEiXAS AUSWIN.TExAn78711 January 20, 1970
HonorableCharlesMurphy Director TexasAeronautics Commission 204W. 16th Street Austin, Texas

Dear Mr. Murphy: OpinionNo. M-559 Re: Whether an airplane owned and operatedby a State agency may be coveredby liability insurancepurchased under the provisions of Article 6252-19,V.C.S., (TexasTort ClaimsAct), 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 insurancebe 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 TexasAeronautics Commission.

“2 . May liability insurancecoveringpremises' defects be procuredby the Texas Aeronautics Commission under either the provisionsof the Texas Tort Claims Act or Ii. B. 203 of the 61st Legislature?" In answeringyour first question,we :wouldnote that the Texas Tort ClaimsAct, Article 6252-19,Vernon's Civil Statutes, generally authorizes a governmental unit to purchase liability insurance to cover its operations. However, inArticle V, Section 57, the GeneralAppropriation Bill forbids the expenditureof 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 departmentswho now own and operatemotor vehicles shall have the power and authority to insure the officers and employees from liabilityarising 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 shallbe provided by the purchase of a policy or policies for that purpose from some liability insurancecompany or companies authorized to transactbusiness in the State of Texas. All liability insurance so purchased shall be provided on a policy form or forms approvedby the State Board of Insuranceas to form and by the Attorney General as to liability. "Section 2. In case said department elects not to so insure its employeesagainst liabilityas above mentioned: "An employee of the State of Texas, in addition

. to any compensationprovided in the GeneralAppropriationsAct, shall receive as compensationany sum of money expendedby such employee for automobile liability insurancerequired 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 linkedwith specific equipment of the road-use type. Further, in Section 2 we note that the alternative T.&hod of insuringmakes specific reference to "automobileliability insurance". Moreover, since aircraft insurancepolicies are contracts that differ completely from standard automobile insurance contracts, it is our view that the above quoted statute cannot be interpretedso as to include State-owned and operated aircraftwithin its authorization.

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. Honorable CharlesMurphy, 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 "motorvehicle"within the terms of Article 6252-19a, and personal liability insurancemay not be purchased for employees operating such aircraft. We have.been advised that the Texas Aeronautics Commission owns.and oper+t+C’only, one .air**craft,** and no other means of transportationof.anykind:~ Under ouch circumstances the Commissionwould have no authority tp purchase personal liability .insurancefor any smpioyao,undem P. B. 203 (Article6252-19a). With regard to your mecond question, liability ins-e coveringpremises 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 incurredby **his** operation of a State-owned . vehicle in the course and scope of **his** employment. **Such muthori**  mation does not extend to the purchame of.liability,inswwce covering premises defects. S UMM~AR'Y

Presently appropriated fundemay not be used to purchase liability insurance to cover tort claimswhich arise under Article 6252-19,V.C.E., the Texas Tort Claims Act. **An** aircraft is not a "motorvehicle* within the terms of Article 625249a, V.C.S., and personal liability insurancemay not be purchased for employees operating such aircraft. A governmental agency **may purchase**  liability insurance coveringpremises defects under the

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. .* .,.Honorable CharlesMurphy, page 4 (M-559)
Texas Tort ClaimsAct, providing that no appropriated funds are used. Article 6252-19a does not permit the purchase of premises defect insurance. trulyyours,

Preparedby 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 LegalAssistant NOLA WRITE First Assistant

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