L - 

"BHE,LkTl-ORNEY GENERAL 

OFTEXAS 

Honorable Robert S. Calvert' 

Comptroller of Public Accounts 

Capitol Station 

Austin, Texas 

Opinion No. ~~-587 

Re :, 

Dear Mr. Calvert: 

Payments of medical, 

surgical..and hospital 

expenses of certain 

employees of the Texas 

Liquor Control Board 

when injured In line 

of duty, and related 

questions, 

You have asked our opinion as to .whether you may 

lawfully issue warrants to cover claims of two employees 

of the Texas Liquor Control Board for certain medical, 

surgical and hospital expenses incident to .injuries,received by them in line of duty. The first claim is on, 

behalf of Sherry Ratliff, who slipped and fell down a 

flight of stairs. The second claim is on behalf of Mr. 

John M. Hoyt, a district supervisor, who was shot and 

required extensive surgical,,medical and hospital services to save his life. 

You also request our opinion as to the 'propriety 

of paying funeral expenses of a deceased highway patrolman who was killed in,the performance of his official 

duties. Insofar as your request relates .to the employee 

of the Texas Department oft Public Safety; ,we~ refer you to 

Attorney GeneraltsOpln~ion ~~-566; dated March 6, 1959, 

in which it was held that medical, hospital and funeral 

expenses of employees of the Department of Public Safety 

may be made under the existing appropriation when the 

injuries or death resulted in the performance of official 

duties, provided the promise of such payments'was a condition of employment of the employe,e. That opinion further 

found such a condition of employment existed and, therefore, the payments could be' properly made. You,are referred to such opinion for a more complete discussion of 

the legal considerations involved. 

The Texas Liquor Control Board 1~s authorized to 

fix the duties and salaries of its employees in that 
Honorable Robert S. Calvert, page 2 (~~-587) 

sentence in Article 666-5 of Vernonla Penal Code, which 

reads: 

"The Board or Adglnietrator shall 

fix the duties; salarles, and wa es of 

all employees authorized by th Pm s 

but suoh compensation, salaries and wages 

shall not be greater than the salaries 

fixed for slm$lar~posltion8 and duties 

in other departments of the State Government. 

. . . " ~(Empliacl;ra added), 

By Senate Bill 58, Acts of the 55th Legislature, 

Regular Session, 1957, Chapter 4 at page 5, Article 666-5, 

Vernon's Penal Code, was suspended to the effect that the 

salaries of all state offiaers and all state employees 

. . . shall be for the period beginning September 1, 1957, 

and ending August 31, 1959, In such sums or amounts as may 

be provided for bx the Legislature In the General Appropriations Act. . . ', (Emphasis added). Pursuant to this 

Act, the Legislature, in the General Appropriation Act of 

1957, Acts of the 55th Legislature, Regular Session, 1957, 

Chapter 385, page 1024, at Item 53, appropriates a sum of 

money to the Texas Liquor Control Board under the heading 

iFor Other Expenses" to be used in part for payment of 

. . . hospitalization and medical service for employees 

injured in line of duty, and funeral expenses when so 

killed. . . ." 

Seotion 44 of Article III of the Constitution of 

Texas provides in part as follows: 

q4. The Legislature shall provide 

by law for the oompensation of all offlcers, servants, agents and public contractors, not provlded for In this Constitution, but shall not grant extra oompensation 

to any offloar, agent, servant or public 

have been performed or contraot entered Into, for 

contractors, after such public service shall 

the performance of the same; nor grant by appropriation or @therwlse , any amount of money out 

of the Treasury of the State, to any individual, 

on a olalm, peal or pretended, when the same 

shall not have been provided for bv nr 

" (Emphasls added),' 

e-existing 

&;'. ~. . 

Section 51~ of Article III of the Constitution of 

Texas provides In part as follows: 
* . 

Honorable Robert S. Calvert, page 3 (~-587) 

"The Legislature shall have no power to 

make any grant or authorize the making of any 

grant of public money to any individual, association of Individuals, municipal or other 

corporations whatsoever; . . -" (with certain 

stipulated exceptions). 

We have been unable to find any statutory authority for the Texas Liquor Control Board or its Administrators 

to fix other than salaries or wages of employees. The above 

quoted Suspension Act fixes only salaries. Therefore, in 

our oninion, there is no pre-existing law to support the 

appropriation or to authorize the payment of the claims in 

question, there being no statutory authorization for the 

Texas Liquor Control Board or its Administrators to contract 

for such perquisites or emoluments. 

The State is permitted o,;:ly to pay legal obligations. 

A moral obligation, if there se o:i;e, is not sufficient preexisting law. Austin National Bank v. Sheppard, 123 Tex. 

272, 71 S.W. 2d 2'42 (1934). 

There is no pre-existing law as required by 

Section 44 of Article III of the Constitution 

of Texas to authorize payment of medical, 

surgical and hospital expenses of the employees 

of the Texas Liquor Con trol Board when injured 

in line of duty. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

Tom I. McFarling 

Assistant. 

TIM:rm:ng 
Honorable Robert S. Calvert, page 4 (WW-587) 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

John Webster 

C. Dean Davis 

Robert Walls 

Elmer McVey 

REVIEWED FOR THE ATTORNEY GENERAL 

By: J. C. Davis, Jr,