. . 

NE 

OF TEXAS 

AUSTIN. %-,CXAS 78111 

November 25, 1969 

Honorable Harvey Davis 

Executive Director 

Texas State Soil and 

Water Conservation Board 

1018 First National Building 

Temple, Texas 76501 

Opinion No.M-521 

Re: Texas Torts Clalms Act - 

Insurance purchases by Soil 

Conservation Districts from 

State appropriated money; 

power to tax to pay claims; 

and personal liability of 

Dear Mr. Davis: District Directors 

You have requested our opinion on behalf of the State 

Soil and Water Conservation Board, and its subordinate districts thereunder, seeking the answer to certain questions 

under the Texas Torts Claims Act (Chap. 292, Acts of the 61st 

Leg., R.S., 1969, page 874, effective January 1, 1970, codified as Article 6252-19, Vernon's Civil Statutes). Your central state agency and any local soil conservation district 

created thereunder can act only in a governmental capacity so 

as to carry out soil conservation practices and functions in 

cooperation with the Federal Government. 

Your firs,t question asks whether your state agency or 

districts created under the Soil Conservation Act, may purchase insurance covering liabllitles of the state agencies or 

districts under the Texas Torts Claims Act from money received 

from the State or earnings from money received from the State? 

The answer to this question is "No" if payment is to be made 

out of money appropriated by the 61st Legislature. 

There is a prohibition against expenditure of any such 

appropriated sums of money in the current biennium for the 

purchase of insurance to cover claims under the Torts Claims 

Act (General Appropriations Act, H.B. 2, 6lst Leg., 2nd C.S., 

Art. V., General Provisions, Sec. 57). 

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Hon. Harvey Davis, page 2 (M-521) 

The second question involves the matter of whether a 

State Soil and Water Conservation District can levy ad valorem taxes for the payment of a judgment under the Texas Torts 

Claims Act. 

ment, 

The District cannot levy a tax to pay such judgwithout a favorable election therefor. By the provisions of the Texas Conservation Amendment (Art. XVI, Section 

59, (c) Constitution of Texas), a soil and water conservation 

district Is a reclamation district and, therefore, is subject 

to the proviso that: 

. ..the Legislature shall not authorize 

the issuance of any bonds or provide for any 

indebtedness against any reclamation district unless such proposition shall b f 

submitted to the qualified property tzxp$?ig 

voters of such district and the proposition 

adopted." (Emphasis added.) 

We duly note that uf;lder Section 2 (l), your agency and 

each local district are units of government', and that Section 11 of the Torts Claims Act, provides for taxing power to 

districts which have a final judgment rendered against them 

under said Act. This provision insofar as it authorizes a tax 

levy without a prior vote of the voters of such district and 

insofar as it applies to districts created pursuant to the provision of Article XVI, Section 59 of the Constitution of Texas 

is inapplicable, as such would otherwise be in violation of the 

last proviso of Subsection (c) of said Conservation Amendment. 

Your third and final question relates to whether local 

soil conservation district directors can become personally liable for not being able to satisfy a judgment should one arise 

under the Texas Torts Claims Act, Any functions performed by 

soil conservation districts, or by your state agency, are functions governmental in nature; such district or agency ha:. no Proprietary functions. Consequently, the directors of the SOU 

Conservation Districts, or the personnel in your agency, would 

not be personally liable as individuals for any such claim 

brought against the State of Texas. Section 14, Subsection (7) 

and Section (15), of the Texas Torts Claims Act. Your attention 

is further invited to the provisions therein which leave the 

voluntary methods of payment or non-payment of such a judgment 

by means of taxation, or by appropriation, to the "discretion" 

of those who govern your agency or the particular local soil 

conservation district involved. 

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. . 

Hon. Harvey Davis, page 3 M-521) 

------- SUMMARY 

The General Appropriation Act for the 

1969-70 biennium prohibits purchase by 

soil and water conservation districts of 

any insurance covering liabilities under 

the Texas Torts Claims Act with appropriated money. 

District directors are not personally 

liable under the Texas Torts Claims Act 

for failure to provide a method for payment of a final torts claims judgment. 

Soil and water conservation districts 

cannot levy ad valorem taxes for the payment of a judgment indebtedness under the 

Texas Torts Claims Act without prior approval in an election by the voters of 

the district pursuant to Article XVI, 

Section 59(c), Constitution of Texas. 

Atto#ey General of Texas 

Prepared by Roger Tyler 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

Jim Swearingen 

Houghton Brownlee 

Jack Sparks 

Malcolm Quick 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

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