### 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., inview ofthe rider in S. B. No. 1, Acts of62nd Legislature, Third Called Session, 1972, Sec. 60, page V-54, and Dear Mr. Garrison: related question? Youhave 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 ofthe rider in S. B. No. 1, Acts ofthe 62nd Legislature, Third Called Session, 1972, at Section 60 page V-547

“2. Inthe event yourfind 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?” Inanswering your first question we would note that the Texas Tort Claims Act, Article 6252-19, Vernon’s Civil Statutes, generally authorizes agovernmental 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 ofappropriated funds for the purchase ofliability insurance to cover tort claims which arise under the Tort Claims Act. -5960-Honorable Clayton T. Garrison, page 2 (M-1215)

Because ofthe 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 ofall types and sizes shall have the authority to insure their officers and employees from liability arising out ofthe use, operation and maintenance ofsuch 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 ofapolicy or policies for that purpose from some liability insurance company or companies authorized to transact business inthe State ofTexas. 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 ofthe department for which such employee is employed.” Inregard to your first question, we are ofthe opinion that the Parks and Wildlife Department is authorized to purchase liability insurance after September 1, 1972, under the provisions ofArticle 6252-19a, since the limitation contained in the General Appropriation Bill applies to insurance coverage purchased under the provisons ofArticle 6252-19. Inanswer to your second question, you are advised that payment for such insurance coverage may come out ofItem 9ofthe appropriation to the Parks and Wildlife Department, which includes operating expenses (Article 111-108)as provided by Section 4ofArticle 6252-19a, quoted above. -5961-Honorable Clayton T. Garrison, page 3 (M-1215)

Wehave 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 ofArticle 6252- 19a, V.C.S. The Parks and Wildlife Department may use funds out ofthe Department’s “maintenance fund” to purchase this insurance as provided in Article 6252-19a, V.C.S.

Prepared byJames Hackney Assistant Attorney General APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W. E. Allen, ~Co-Chairman Bill Flanary Malcoim Quick John Reeves Bruce Curry SAMUEL D. MCDANIEL Staff Legal Assistant
-5962-Honorable Clayton T. Garrison, page 4 (M-1215)

ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

-5963-