EA Y GENE 

Major General Thomas S. Bishop 

Adjutant General of Texas 

Austin, Texas 

Opinion No. WW-1390 

Re: Whether under Article 5845(a), 

Vernon's Civil Statutes, the 

State is liable for pay and 

allowances and payment for 

medical treatment due to a 

Texas National Guardsman as 

a result of illness contracted in line of duty, under 

Dear General Bishop: the fact situation given. 

You have asked this office for an opinion as to whether 

under Article 5845(a), Vernon's Civil Statutes, the State is 

liable for pay and allowances and payment for medical treatment 

due to a Texas National Guardsman as a result of illness contracted in line of duty, under the fact situation given. 

On May 31, 1962, Major Hollowell, a member of Headquarters, 136th Air Defense Wing, Texas Air National Guard, 

with headquarters at U.S.Naval Air Station, Dallas, Texas, 

was ordered to attend field training exercises at the Headquarters of said Wing, and was then further ordered to perform 

duties with the Adjutant General's Department, Camp Mabry, 

Austin, Texas. While performing duties in Austin Major Hollowell developed an eye ailment, for which he was treated at Eergstrom Air Force Base Hospital as an out-patient. On June 15, 

1962, Major Hollowell's training period ended, and he was permitted to return to his home. Treatment for his eye ailment 

was continued with a specialist in Tyler, under whose care 

Major Hollowell remains at this time. 

Major Hollowell is an attorney, and the doctors who 

have treated him have rated him as 100s disabled for the duration of the eye condition. A formal line of duty investigation 

was conducted upon the order of the Adjutant General, and it 

was determined that the disease of Major Hollowell was incurred 
Maj. Gen. Thomas S. Bishop, page 2 (WW-1390) 

in the line of duty, and was not the result of misconduct, 

Further information was sup 

under the authority of 32 U.S.Code i 

lied, to the effect that, 

319(b)(2), the Federal 

Government is paying for all of the medical services provided 

to Major Hollowell. 

Article 5845(a), Vernon's Civil Statutes, reads as 

follows: 

"(a) Every member of the military forces of 

this State who shall be wounded, disabled or injured, or who shall contract any disease or illness, 

in line of duty while in the service of this State 

in case of riot, tumult, breach of the peace, resistance to process, invasion, insurrection, or imminent 

danger thereof, or whenever called upon in aid of the 

civil authorities, or when participating in any training formation or activity under order of the commanding officer of his unit, or while traveling to or 

from his place of duty in such instances, shall be 

entitled to and shall receive, or be reimbursed for, 

hospitalization, rehospitalization, and medical and 

surgical care in a hospital and at his home appropriate for the treatment of such wounding, disability, 

injury, disease or illness, and necessary transportation incident thereto until the resulting disability 

cannot be materially improved by further hospitalization or treatment, and shall receive the same pay and 

allowance whether in money or in kind, to which he 

was entitled at the time when the injury was incurred 

or the disease or illness contracted, during the period of his disability but not for more than a total of 

six (6) months after the end of his tour of duty, and 

in the event of his death in such cases, his estate 

shall be entitled to any reimbursement for which the 

deceased would have been entitled and to his accrued 

pay and allowances and compensation or reimbursement 

for actual funeral expenses not to exceed the sum of 

Five Hundred Dollars ($500), such compensation or reimbursement, as well as the cost of carrying out the 

other provisions of this Article, shall be paid out 

of any funds in the State Treasury available to or 

appropriated for the use of the military forces of 

this State in the same manner provided for other expenditure of State funds; provided, however, that no 

compensation or reimbursement shall be paid in any 

case where the same is payable under the provisions 

of any Federal law or regulation." 
- - 

Maj. Gen. Thomas S. Bishop, page 3 (WW-1390) 

Major Hollowell was participating in an activity under 

order of his commanding officer, and was in the line of duty 

when he contracted his illness. Under the plain meaning of 

the statute above quoted he Is thus entitled to payment for 

his medical care, and to continuation of his pay and allowances during the period of his disability. Such pay and allowances cannot, however, be paid for a period longer than 

six (6) months after the end of his originally assigned tour 

of duty, which in this particular case was June 15, 1962. The 

Federal Government has assumed the duty of making payment for 

the medical services provided to Major Hollowell; the State 

may not make further ayments 

Federal-regulations P 

in this area. However, under 

Paragraph 50157d(l)(a), Air Force Manual 

177-1051, Major Hollowell is not entitled to receive pay and 

allowairces from the Federal Government. Under the statute 

above quoted, the State is obligated to furnish him pay and 

allowances only up until such time as his disability is removed, or six (6) months after June 15, 1962, whichever date 

occurs sooner. At this point it must be noted that Major 

Hollowell became eligible for an increased longevity payment 

on June 23, 1962. This increment may not be included in the 

amount $aid to him under Article 5845(a), by virtue of the 

phrase . . . and shall receive the same pay and allowance 

whether in money or in kind, to which he was entitled at the 

time when the injury was incurred or the disease or illness 

contracted . . .' (Emphasis supplied). 

SUMMARY 

Under Article 5845(a), Vernon's Civil Statutes, 

Major Billie G. Hollowell is entitled to receive payment for medical services rendered, plus 

pay and allowances during his period of disability, 

such period not to exceed six (6) months. Since 

the Federal Government is paying for the medical 

serivces involved, those are not payable by the 

State. Major Hollowell is thus entitled to receive from the State of Texas the pay and allowances to which he was entitled at the time the 

disease or illness was contracted, such amount 

to be paid for the duration of his disability, 
Maj. Gen. Thomas S. Bishop, page 4. (WW-1390) 

or for six (6) months after June 15, 1962, 

whichever date occurs first. 

MLQ:ms:zt 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Frank R. Booth 

Scranton Jones 

Robert Rowland 

William E. Allen 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore