THE ATFOEZNEY GENERAL 

OFI‘EXAS 

AUSTIIN. TExAl 78711 

September 13, 1972 

Honorable Clayton T. Garrison 

Executive Director 

Opinion No. ~-1215 

Texas Parks and Wildlife Department Re: Whether the Parks and Wildlife 

John H. Reagan Building Department is authorized to 

Austin, Texas 78701 purchase liability insurance 

after September 1, 1972, 

under Article 6252-19a, V. C. S., 

in view of the rider in S. B. 

No. 1, Acts of 62nd Legislature, Third Called Session, 

1972, Sec. 60, page V-54, and 

Dear Mr. Garrison: related question? 

You have requested an opinion from this office asking the following 

specificquestions: 

“1. Is the Parks and Wildlife Department 

authorized to purchase liability insurance after 

September 1, 1972, under the provisons of 

Article 6252-19a, in light of the rider in S. B. 

No. 1, Acts of the 62nd Legislature, Third 

Called Session, 1972, at Section 60 page V-547 

“2. In the event your find the Department is 

authorized to purchase liability insurance for its 

employees while driving state vehicles, what 

specific funds may the Department use to make 

this purchase?” 

In answering your first question we would note that the Texas Tort 

Claims Act, Article 6252-19, Vernon’s Civil Statutes, generally authorizes 

a governmental unit to purchase liability insurance to cover its operations. 

However, in S. B. 1 (Acts 62nd Leg., 3rd C. S., 1972, sec. 60, p. V-54) 

the General Appropriation Bill forbids the expenditure of appropriated 

funds for the purchase of liability insurance to cover tort claims which 

arise under the Tort Claims Act. 

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Honorable Clayton T. Garrison, page 2 (M-1215) 

Because of the limitation found in S. B. 1, any authorization for the 

purchase of such insurance must be found in Article 6252-19a, Vernon’s 

Civil Statutes, which is quoted, in part, as follows: 

“Section 1. The State Departments or Agencies 

who own and operate motor vehicles, aircraft 

and motorboats or watercraft of all types and 

sizes shall have the authority to insure their 

officers and employees from liability arising out 

of the use, operation and maintenance of such 

automobiles, trucks, tractors, power equipment, 

aircraft and motorboats or watercraft used or which 

may be used in the operation of such Department 

or Agency. Such insurance shall be provided by 

the purchase of a policy or policies for that purpose 

from some liability insurance company or companies 

authorized to transact business in the State of Texas. 

All liability insurance so purchased shall be provided on a policy form or forms approved by the 

State Board of Insurance as to form and by the 

Attorney General as to liability. 

“Section 2. 

“Section 3. 

* * * 

* * * 

“Section 4. Such payments are to be charged against 

the maintenance fund of the department for which 

such employee is employed.” 

In regard to your first question, we are of the opinion that the Parks 

and Wildlife Department is authorized to purchase liability insurance after 

September 1, 1972, under the provisions of Article 6252-19a, since the 

limitation contained in the General Appropriation Bill applies to insurance 

coverage purchased under the provisons of Article 6252-19. 

In answer to your second question, you are advised that payment for 

such insurance coverage may come out of Item 9 of the appropriation to 

the Parks and Wildlife Department, which includes operating expenses 

(Article 111-108) as provided by Section 4 of Article 6252-19a, quoted 

above. 

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Honorable Clayton T. Garrison, page 3 (M-1215) 

We have heretofore noted the distinction between appropriations 

for claims arising under the Texas Tort Claims Act and those arising 

under Article 6252-19a, a separate and distinct statutory authorization. 

See Attorney General Opinion Nos. M-501 (1969), M-536 (1969) and 

M-559 (1970). 

SUMMARY 

The Parks and Wildlife Department may 

purchase liability insurance for its officers and 

employees under the authority of Article 6252- 

19a, V. C. S. 

The Parks and Wildlife Department may use 

funds out of the Department’s “maintenance 

fund” to purchase this insurance as provided in 

Article 6252-19a, V. C. S. 

Prepared by James Hackney 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, ~Co-Chairman 

Bill Flanary 

Malcoim Quick 

John Reeves 

Bruce Curry 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

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Honorable Clayton T. Garrison, page 4 (M-1215) 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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