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### "BHE,LkTl-ORNEY GENERAL OFTEXAS

Honorable Robert S. Calvert' Comptroller of PublicAccounts Capitol Station Austin, Texas OpinionNo. ~~-587
Re:,

Dear Mr. Calvert: Payments ofmedical, surgical..and

hospital expenses of certain employees of the Texas Liquor ControlBoard when injured In line of duty, and related questions, You have asked our opinion as to .whetheryoumay lawfully issuewarrants to cover claims of two employees of the Texas Liquor ControlBoard for certainmedical, surgicaland hospital expenses incident to .injuries,receivedby 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,,medicaland hospital services to savehis life.

You also request our opinion as to the 'propriety of paying funeral expenses of a deceasedhighway patrolman who was killed in,the performance of his official duties. Insofaras your request relates .tothe employee of the Texas Department oftPublic Safety; ,we~ refer you to Attorney GeneraltsOpln~ion~~-566; dated March 6, 1959, in which it was held thatmedical, hospital and funeral expenses of employees of the Department of Public Safety may be made under the existing appropriationwhen the injuries or death resulted in the performance of official duties, provided the promise of suchpayments'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' properlymade. You,are referred to such opinion for a more completediscussion of the legal considerations involved.

The Texas Liquor ControlBoard 1~sauthorized to fix the duties and salaries of its employees in thatHonorable Robert S. Calvert, page 2 (~~-587)

sentence in Article 666-5 ofVernonla PenalCode, which reads: "TheBoard or Adglnietrator shall fix the duties; salarles,and wa es of all employeesauthorizedby th Pm s but suoh compensation, salariesand wages shall not be greater than the salaries fixed for slm$lar~posltion8and duties in other departments of the State Government.

. . ." ~(Empliacl;ra added), By SenateBill 58, Acts of the 55th Legislature, Regular Session, 1957, Chapter 4 at page 5, Article 666-5, Vernon's PenalCode,was suspended to the effect that the salaries of all state offiaers and all state employees

. . . shallbe 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 GeneralAppropriations Act.
. . ', (Emphasisadded). Pursuant to this Act, the Legislature, in the GeneralAppropriationAct of 1957, Acts of the 55th Legislature,Regular Session, 1957, Chapter 385, page 1024, at Item 53, appropriatesa sum of money to the Texas Liquor Control Board under theheading iFor Other Expenses" to be used in part for payment of

. . .hospitalizationand medical service for employees injured in line of duty, and funeral expenseswhen so killed.

. . ."

Seotion 44 of Article III of the Constitution of Texas provides in part as follows:

q4. The Legislature shall provide by law forthe oompensationof 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 shallnot have been provided for bv nr

" (Emphaslsadded),' 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 themaking of any grant of public money to any individual, association of Individuals,municipal or other corporationswhatsoever;
. . -" (with certain stipulated exceptions).
We have been unable to find any statutoryauthority for the Texas Liquor Control Board or its Administrators to fix other than salaries or wages of employees. The above quoted SuspensionAct 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 sufficientpreexisting law. Austin National Bank v. Sheppard, 123 Tex. 272, 71 S.W. 2d 2'42(1934).

There is no pre-existing law as requiredby Section 44 of Article III of the Constitution of Texas to authorizepayment of medical, surgical and hospital expenses of the employees of the Texas Liquor ControlBoard when injured in line of duty. Very trulyyours, WILL WILSON Attorney General of Texas

Tom I. McFarling Assistant. TIM:rm:ngHonorable Robert S. Calvert, page 4 (WW-587)

APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman JohnWebster C. Dean Davis Robert Walls Elmer McVey REVIEWED FOR THE ATTORNEY GENERAL By: J. C. Davis, Jr,