October2,1972

Honorable Robert S. Calvert Opinion No. M-1229 Comptroller of Public Accounts State Finance Building Re: Construction of Section 10 Austin, Texas 70774 of Article V of Senate Bill 1, Acts 62nd Leg., 3rd C.S. Dear Mr. Calvert: 1972.

YOU have requested our opinion on the proper construction to be given the following quoted provision of Section 10 of Article V of Senate Bill 1, Acts 62nd Legislature, 3rd Called Session, 1972, being the current General Appropriations Act relating to group insurance policies on State employees:

1,

. . . The maximum payment by the State for any individual employee on any policy or policies shall not exceed Twelve i)ollarsand Fifty Cents ($12.50) per month per full-time employe~e . . . ." (p.V-37, Journal Supplement). The correlative provisions of the immediately preceding General Appropriations Act (Acts 62nd Leg., R.S. 1971, S.B. 11, as amended by S.B. 7, Acts 62nd Leg., 1st C.S. 1971, Art. V, Sec. 10, p. V-38, 3799) provided:

II

. . . Payment by the state from the designated funds on any policy or policies shall be limited to twelve dollars and fifty cents ($12.50) per month per full-time employee . . . .' In construing the above quoted provision of Section 10 of Article V of Senate Bill.11, it was held in Attorney General's Opinion M-919-A (1971):

"Section 10, Article V, Senate Bill No. 11, Acts of 62nd Legislature, Regular Session, 1971, is a rider to the General Appropriation Act. That rider limits the amount that a State agency may contribute in the aggregate for insurance for its employees to an amount reached by multiplying $12.50 by the number of full time employees on
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### Hon. Robert S. CalVert, page 2 (M-1229)

the payroll. It does not place any limit on the amount thatmay be contributed topremiums for an individualemployee." See alsoAttorneyGeneral's OpinionM-919 (1971). It is our opinion that the provisionsof Section 10of ArticleV of Senate Bill 1make no substantialchange from the above quoted provisionsof Section 10 of ArticleV of Senate Bill 11. While theprovisions of Section 10 of ArticleV of Senate Bill 1 use the phrase "forany individualemployee"yet thisphrase is followedby and subject to the furtherprovision that such payment is "on any policy or policies." Our interpretationof the new rider is the same as itwas for the old rider as expressed in Attorney General'sOpinionsM-919 (1971)andM-919-A (1971).

YOU 

### are accordinglyadvised that the rider limits the amount that a State agencymay contribute in the aggregate for insurance for its employees to an amount reachedbymultiplying $12.50by the number of full time employeeson the payroll. It does not place any limiton the amount thatmay be contributed topremiums for an individualemployee. SUMMARY Section 10 of ArticleV of Senate Bill 1, Acts 62ndLeg., 3rdC.S. 1972, limits the amount that a State agencymay contribute in the aggregate for 

### group insurance for its employees to an amount reachedby multiplying $12.50by the number of full time employees on the payroll. It does not place any limiton the amount thatmay be contributed to premiums for an individual empsyee.

Preparedby John Reeves AssistantAttorney General APPROVED : 

### OPINION COMMITTEE

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Hon. Robert S. Calvert, page 3 (M-1229)

Kerns Taylor, Chairman W. E. Allen, Co-Chairman Houghton Brownlee Bill Campbell William Craig Ben Harrison SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant IJOLAWHITE First Assistant

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