November 1. 

Hon. Robert S. Calvert 

Comptroller of Public Accounts 

State Finance Building 

Austin, Texas 70711 

Hon. James R. Sawyer 

Vice President for Fiscal Affairs 

Tyler State College 

P. 0. Box 1142 

Tyler, Texas 75701 

Gentlemen: 

1972 

Opinion No.M-1257 

ke: Whether Tyler State College may pay for insurance 

providing coverage for: 

(1)workxen's compensation 

on college enployeee, (2) 

public liability on college 

premi8e.s. (3) automobile 

liability and medical payments on college owned 

or leased vehicles, and 

(4)fire and extended coverage on college buildings 

and contents, by vouchers 

submitted for payment out 

of General Revenue appropriations? 

You have requested an opinion on the following specific 

question: 

"Will Tyler State College be able to pay 

premiums on the following ineurance coverages 

on voucherk payable from the General Revenue 

Appropriation? 

"(1)Worlcnen'e compensation on the college 

employees. 

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Hon. Robert s. Calvert and Hon. James R. Sawyer, Page 2 (M-1257) 

"(2)Bodily injury and property damage 

liability insurance and premises medical payments upon the premises of Tyler State College. 

W (3)Automobile liability, medical payments 

and physical damage on college owned or leased 

vehicles. 

"(4)Fire and extended coverage on buildings 

and contents." 

In answer to your question regarding payment for workmen’e 

compensation (l), such authorization must be found under authority 

of Section 59 to Article III of the State Constitution (Nov. 3, 

1936). The Legislature has authority under thin constitutional 

amendment to enact laws allowing state institutions of higher 

learning to purchase workmen@e compensation policies for their 

officers and employees. But to date no such general legislation 

has been enacted to allow such state institutions of higher 

learning as Tyler State College to purchase thiscwerage. 

Neither has any:specific legislation been passed covering such 

authority for Tyler State College. In the absence of such 'legielation, your college is without legislative authority to purchase 

this insurance. 

In answer to the question regarding bodily injury, property 

damage and medical payments on premises (2). we recognize that 

under the provisions of the Texas Tort Claims Act, Article 6252-19, 

Vernon's Civil Statutes, the college, ae a governmental inetitution is exposed to liability and muit for certain negligent 

acts or omieeions: and general authorization is found in said 

Act for agencies or institutions to purchaee liability insurance. 

However, the current General Appropriations Act; S.B. 1 (Acts 

62nd Leg., 3rd C.S., 1972), Sec. 44, page IV-81, forbids the 

expenditure of any funds by state agencies of higher education 

for purchase of liability insurance to cover claims arising under 

the Texas Tort Claims Act. 

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,Hon. Robert S. Calvert and Ron. James R. Sawyer, page 3 (M-1257) 

In anewer to your question regarding autmobile liability 

insurance (3), Article 6252-19a, Vernon's Civil Statutes, in 

ite relevant provisions, reads as follows: 

"Section 1. The State Departments or 

agencies who own and operate motor vehicles, aircraft and motorboats or watercraft of all types 

and sizes shall have the authority to insure their 

officers and employees from liabilitv arieins out of 

the use, otaeration and maintenance of such automobilee,.trucka, tractors, power equipment, air-, 

craft and motorboats or watercraft ueed or which 

may be used in the operation of such department or 

agency. 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 

T-0. 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.. 

II . . . 

"Sec. 4. Such payments are to be charged 

against the maintenance fund of the department for 

which such employee is~ employed." (Wlphaeis added.) 

Our opinion is that you my purchase and pay for automobile 

liability insurance on college owned or leased motor vehicles 

out of the General Revenue Appropriations, since the limitation 

contained in the General Appropriation Act (6.8. 1) applies only 

to insurance purchased under the provisions of Article 6252-19 

and not 6252-19a. See Attorney General's Opinion M-1215 (1972). 

The above authority only extends to public liability coverage. 

i.e., bodily injury and property damage.liability insurance, 

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Hon. Robert S. Calvert and Hon. James R. Sawyer, page 4(M-1257) 

and not to collision or medical payments coverage On the vehicle 

insured. 

In answer to your question regarding fire and extended 

coverage on college buildings and contents: 

In view of the Senate Concurrent Resolution No. 3 (Acts 

37th Leg., 2nd C.S., 1921), which expresses legislative intent 

that no insurance shall be taken out upon any public buildings 

or the contents thereof of this State, and prior Attorney General's 

opiniona holding that state warrants may not be issued in payment 

of insurance premiums in the absence of specific appropriations 

for that purpose (Atty. Genl. Opin. No. C-193 (1963) and others 

cited therein), we conclude that you cannot purchase fire and 

extended coverage insurance on college buildings or their contents. 

It is our opinion that you cannot buy insurance as described 

in categories (l), (2) and (4) but that you can buy automobile 

public liability insurance (3) and pay by voucher. on the General 

Revenue Appropriations. 

SUMMARY 

Article 6252-19a. Vernon's Civil 

Statutes, authorizes Tyler State College 

to pay premiums on automobile public liability insurance on college owned or 

leased vehicles by vouchers payable from 

General Revenue Appropriation. 

There is no legislation authorizing 

purchase of workmen's compensation insurance by Tyler State College. 

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_. . 

Bon. Robert S. Calvert and Hon. James R. Sawyer, page S(M-1257) 

Restrictions in S.B. 1 (Acts 62nd Leg., 

3rd C.S., 1972) Sec. 44, page IV-81, prohibit purchase of public liability insurance 

on Tyler State College premises. In view 

of legislative intent expressed in Senate 

Concurrent Resolution No. 3 (Acts 37th Leg., 

2nd C-S., 1921) and prior Attorney General 

Opinions, Tyler State College may not purchase fire and extended coverage insurance 

on college buildings. 

Yo* very truly, 

Prepared by Barry C. Green 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Austin Bray 

Arthur Sandlin 

Jerry Roberts 

Sam Jones 

SAMVBL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WRITE 

First Assistant 

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