Bexar County 

San Antonio 5. Texas 

Re: The authority of the County 

Auditor to deduct employees’ 

group insurance premiums 

from salaries upon the authorization by employees. 

Dear Sir: 

You have requested the opinion of this office *as regards the function of the County Auditor under the provision of 

Art. 5053a V.C.S. that ‘the employees’ contributions to the premiums for such insurance issued to the employer or to an association of public employees as the policyholder may be deducted by the employer from the employees’ salaries when authorized in writing by the respective employees so to do.’ I should 

like to know whether the collection or deduction aforesaid is the 

proper function of the County Auditor, as regards County Employees’ Group Inyurance.” 

You have also advised that the County’Auditor of Bexar 

County ,performs his duties under the provisions of Article 1656a, 

Revis,ed Civil Statutes of Texas, and the other pertinent provisions 

concerning “County Auditor” contained in Title 34, R.C.S. of Texas. 

Under Opinion V-488 this office held that a county could 

enter into a contract insuring the county employees or any class or 

classes thereof for the type of group insurance covered by H. B. 

665. 50th Legislature, and that the contribution of the employees to 

the premium, which would be the entire premium, could be deducted by the county from the employees’ salaries upon written authorization from the employees to the county. 

Article 1656a. R.C.S. of Texas., provides for various duties 

of the County Auditor in counties having a population of one hundred 

ninety thousand (190,000) or more according to the last preceding 

or any future Federal census. The County Auditor of Bexar County 
,. ~, s. ..: 

~:;::::..::;::::: 

Hon. Wm. N. Hensley. Page 2 (V-711) 

is subject to its provisions. This statute provides, in part, as 

follows: 

. . 

. . . All of the fees, commissions, funds, and 

moneys herein referred to shall be turned over 

to the County Treasurer by such officer as collected, and such money shall be deposited in the. 

county depository in a special fund to the credit 

of such officer and draw interest for the benefit 

of the county, which funds, when so deposited in 

such depository, shall‘be secured by the bond of 

such depository. .Thereafter the officer may draw 

checks on the County Treasurer to disburse said, 

funds in the payment of salaries and expenses authorized by law or in payment to the county or to 

the persons, firms, or corporations to whom sz 

funds may belong. The Treasurer and the depository shall make no payment unless such check 

is countersigned by the County Auditor.. . .” 

(Emphasis added) 

In view of the foregoing provision, neither the collection nor the deduction of the contributions from the salaries of 

the county employees constitutes any function of the County Auditor of Bexar County. The collection and deduction should be 

performed by the proper county officer who issues the checks on 

the County Treasurer for the payment of the salaries of the employees included in the group insurance plan. The employees must 

have authorized the deductions of such contributions in writing. 

The County Auditor, of Course, would necessarily have to countersign the checks of the~cbunty officer under the emphasized provisions of Article 1656a, supra. 

SUMMARY 

In counties having a population of 1901000 or 

more according to the last preceding or any future 

Federal census, the collection and deduction of 

employees’ contributions to the premiums for 

membership in county group insurance plan under 

the provisions of Article 5053a. V.C.S., is not the 

proper function of the County Auditor. The collection and deduction of such employees’ contributions 
‘I 

jL 4 

, 

Hon. Wm. N. Hensley. Page 3 (V-711) 

::::::L.,:~.-.:.., .>. 

should be made by the proper cowrty officer 

charged with the issuance of the county employees’ checks under the provisions of Art. 

1656a. R.C.S. of Texas. 

Yours vary truly 

ATTORNEY GENERAL OF TEXAS 

C. K. Richards 

Assistant 

CKR/JCP 

APPROVED: 

ATTORNEYGENERAL 

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