Honorable David P. Bell 

Executive Director 

Opinion No. M-1059 

Texas Industrial Accident Board Re: Whether the City of Bryan 

State Finance Building falls under the jurisdiction 

Austin, Texas 78711 .of the Industrial Accident 

Board when it has elected by 

its code to become selfinsured and attempted to provide 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 the City is not entitled to avail 

itself of the general provisions of the Workmen's Compensation Act 

of the State. We do not have any information concerning when this 

section was enacted by the City. You have asked our opinion whether 

under the existing law the City falls within the jurisdiction of 

the Industrial Accident Board under the above facts. 

In 1952 Article III, Section 61, of our Texas Constitution was adopted; it authorized the Legislature to enact laws 

providing workmen's compensation insurance for municipal employees.* 

*Article III, Section 60, of the Constitution of Texas, which was 

adopted on November 6, 1962, provides: 

"Sec. 60. The Legislature shall have the 

power to pass such laws as may be necessary to 

enable all counties and other political subdivisions 

of this State to provide Workman's Compensation 

Insurance, including the right to provide its own 

insurance risk, for all employees of the county or 

political subdivision as in its judgment is necessary 

or required: and the Legislature shall provide suitable laws for the administration of such insurance 

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Hon. David P. Bell, page 2 (M-1059) 

Thereafter, Article 8309e-2, Vernon's Civil Statutes, 

concerning workmen's compensation insurance for municipal employees was enacted by the Legislature. Section 1 of this 

Article reads as follows: 

"Section 1. By virtue of the provision of 

Section 61, Article III, Constitution of the State 

of Texas, granting the Legislature power to pass 

such laws as may be necessary to enable all cities, 

towns, and villages of this state to provide for 

workmen's compensation insurance, including the 

right to provide its own insurance risk, for all 

city, town and village employees as in its judgment is necessary or required, and to provide for 

the administration of such insurance in the cities, 

towns, and villages, of this state, and to provide for the payment of all costs, charges, and 

premiums on such policies of insurance and the 

benefits to be paid thereunder, provision is made 

as hereinafter set forth." 

Article 8309e-2, in Section 2, defines a "city" to mean 

any duly and legally incorporated city in the State of Texas and 

defines "Board" to mean the Industrial Accident Board of the State 

of Texas. The procedure for the payment of workmen's compensation 

benefits to city employees is set out in the statute and Section 

7 provides that all questions arising under the Act shall be 

determined by the Board. 

A municipality is a political subdivision of the State 

in the counties or political subdivisions of this 

State and for the payment of the costs, charges 

and premiums on such policies of insurance and the 

benefits to be paid thereunder." (Emphasis added.) 

Article III, Section 60, was amended by the inclusion in that 

Section of employees of all "political subdivisions" in the previous language that related to only county employees. (See 

Comment -- 1962 Amendment under Article III, Section 60, Constitution of Texas.) 

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

and its incorporation embraces nothing more than the creation of 

a governmental 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 expressly provides 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 of Austin 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 of Austin was a self-insurer under 

the provisions of Article 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 for writ 

of error ref. n.r.e. in 358 S.W.2d 589 (Tex.Sup. 1962). 

It is our opinion that the Texas Industrial Accident 

Board has jurisdiction over industrial injuries to employees of 

the City of Bryan. 

SUMMARY 

By virtue of Article 8309e-2, Vernon's Civil 

Statutes, the Texas 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 

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. . 

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 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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