Honorable David P. Bell Executive Director Opinion **No.** M-1059
Texas Industrial Accident Board Re: Whether theCity of Bryan State Finance Building falls under the jurisdiction Austin, Texas 78711 .ofthe Industrial Accident Board when ithas elected by its code tobecome selfinsured and attempted toprovide workmen's compensation benefits outside the Board's Dear Mr. Bell: operation.

The City of Bryan contends that the Texas Industrial Accident Board does not have jurisdiction over industrial injuries to employees of the City. The City's workmen's compensation code, in Section 1,provides that theCity isnot entitled to avail itself of thegeneral provisions of theWorkmen's Compensation Act of the State. We do not have any information concerning when this section was enacted by theCity. You have asked our opinion whether under the existing law theCity fallswithin the jurisdiction of the Industrial Accident Board under the above facts.

In 1952Article III, Section 61,of our Texas Constitution was adopted; itauthorized the Legislature to enact laws providing workmen's compensation insurance formunicipal employees.*

*Article III, Section 60,of theConstitution of Texas, which was adopted on November 6, 1962, provides:

"Sec. 60. The Legislature shall have the power topass such laws asmay be necessary to enable all counties and other political subdivisions of this State toprovide Workman's Compensation Insurance, including the right toprovide its own insurance risk, for all employees of the county or political subdivision as in its judgment isnecessary or required: and the Legislature shallprovide suitable laws for the administration of such insurance
-5169-Hon. David P. Bell, page 2 (M-1059)

Thereafter, Article 8309e-2, Vernon's Civil Statutes, concerning workmen's compensation insurance formunicipal employees was enacted by the Legislature. Section 1of this Article reads as follows:

"Section 1. Byvirtue of theprovision of Section 61,Article III, Constitution of the State of Texas, granting the Legislature power topass such laws asmay be necessary to enable all cities, towns, andvillages of this state toprovide for workmen's compensation insurance, including the right toprovide its own insurance risk, for all city, town and village employees as in its judgment isnecessary or required, and toprovide for the administration of such insurance in the cities, towns, andvillages, of this state, and toprovide for the payment of all costs, charges, and premiums on suchpolicies of insurance and the benefits tobepaid thereunder, provision ismade as hereinafter set forth." Article 8309e-2, in Section 2,defines a "city" tomean any duly and legally incorporated city in the State of Texas and defines "Board" tomean the Industrial Accident Board of the State of Texas. The procedure for thepayment ofworkmen's compensation benefits to city employees is set out in the statute and Section 7provides that all questions arising under theAct shall be determined by the Board.

Amunicipality isapolitical subdivision of the State

in the counties orpolitical subdivisions of this State and for thepayment of the costs, charges and premiums on such policies of insurance and the benefits tobepaid thereunder." (Emphasisadded.) Article III, Section 60,was amended by the inclusion in that Section of employees of all "political subdivisions" in the previous language that related toonly county employees. (See Comment -- 1962Amendment under Article III, Section 60,Constitution of Texas.)

-5170-Hon. David P. Bell, page 3 (M-1059)

and its incorporation embraces nothing more than the creation of agovernmental agency which becomes invested with such powers as the law confers. Faulk v. City of Tyler, 389 S.W.Zd 706 (Tex.Civ. App. 1965, error ref. n.r.e.).

Article XI, Section 5,of the Texas Constitution expresslyprovides that no city charter or ordinance shall contain any provision inconsistent with the State Constitution or general laws enacted by the Legislature. A home rule city cannot enact rules and regulations contrary to the Constitution and the general laws of the State. City ofAustin v. Clendennen, 323 S.W.2d 158 (Tex.Civ.App. 1959, error ref. n.r.e.). In this case the court expressly held that the City ofAustin was a self-insurer under the provisions ofArticle 8309e,Vernon's Civil Statutes.

Neither the charter nor an ordinance of a city can legally contain anything inconsistent with the general laws enacted by the Legislature. Janus Films, Inc. v. City of Fort Worth, 354 S.W.2d 597 (Tex.Civ.App. 1962), application forwrit of error ref. n.r.e. in 358 S.W.2d 589 (Tex.Sup. 1962).

It isour opinion that the Texas Industrial Accident Board has jurisdiction over industrial injuries to employees of the City of Bryan. SUMMARY

Byvirtue ofArticle 8309e-2,Vernon's Civil Statutes, theTexas Industrial Accident Board has jurisdiction over industrial injuries to employees of the City of Bryan.
V truly yoprs,

Prepared by Jack Sparks Assistant Attorney General ey General of Texas

-5171-. .

Hon. David P. Bell, page 4 (M-1059)

APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E.Allen, Co-Chairman Fisher Tyler Melvin Corley Scott Garrison Glenn Brown SAMMCDANIEL Staff LegalAssistant
ALFRED WALKER Executive Assistant
NOLA WHITE First Assistant

-5172-