Bexar County San Antonio 5. Texas Re: The authority ofthe County Auditor to deduct employees’ group insurance premiums from salaries upon the authorization by employees.
Dear Sir:
You have requested the opinion ofthis office *as regards the function ofthe County Auditor under the provision of Art. 5053a V.C.S. that ‘the employees’ contributions tothe premiums for such insurance issued to the employer or to an association ofpublic employees as the policyholder may be deducted by the employer from the employees’ salaries when authorized inwriting by the respective employees so todo.’ Ishould like to know whether the collection or deduction aforesaid is the proper function ofthe 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 ofArticle 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 ofthe 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 tothe county.

Article 1656a. R.C.S. of Texas., provides for various duties ofthe County Auditor in counties having apopulation of one hundred ninety thousand (190,000) or more according tothe 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, inpart, as follows:

..

. . . All ofthe 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 inthe. county depository in a special fund to the credit of such officer and draw interest for the benefit ofthe county, which funds, when so deposited in such depository, shall‘be secured by the bond of such depository. .Thereafter the officer may draw checks onthe County Treasurer to disburse said, funds in the payment of salaries and expenses authorized by law or inpayment tothe county or to the persons, firms, or corporations towhom sz funds may belong. The Treasurer and the depository shall make nopayment unless such check is countersigned by the County Auditor..

. .” (Emphasis added)
Inview ofthe foregoing provision, neither the collection nor the deduction ofthe contributions from the salaries of the county employees constitutes any function ofthe 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 ofthe salaries ofthe employees included in the group insurance plan. The employees must have authorized the deductions of such contributions inwriting. The County Auditor, ofCourse, would necessarily have to countersign the checks ofthe~cbunty officer under the emphasized provisions ofArticle 1656a, supra.
SUMMARY
In counties having a population of 1901000or more according tothe last preceding or any future Federal census, the collection and deduction of employees’ contributions tothe premiums for membership in county group insurance plan under the provisions ofArticle 5053a. V.C.S., is not the proper function ofthe 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 ofthe county employees’ checks under the provisions ofArt. 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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