AunTIs. TEXAS 78711 

December 9, 1969 

Hon. J. C. Dingwall Opinion No. M-536 

State Highway Engineer 

Texas Highway Department Re: Purchase of Liability Insurance 

11th and Brasos for Texas State Highway DepartAustin, Texas 70703' ment employees under provision 

of H. B: 378, 61st Legislature, 

Dear.&. Dingwall: R. S. 1969, 

You have requested the opinion of this office concerning 

the following question: 

Can the Texas Highway Department purchase 

insurance to provide protection of its employees 

for torts covering personal injury or property 

damage and can the Comptroller legally pay the 

premiums for such insurance coverage under Ii. B. 

378, 61st Legislature, R. 9. 19691 

H. B. 378, Chapter 212, page 617, Acts of 61st Legislature, 

R. S., was passed on Nay 1, 1969. It took effect on September 1, 

1969. The Statute reads in part as follows: 

"Section 1. The State Highway Commission 

shall have the power and authority to insure 

the officers and employees of the Texas Bighway Departwnt from liability arising out of 

the use, operation, and maintenance of equipment, including but not limited to, automobiles, 

motor trucks, trailers , aircraft, motor graders, 

rollers, tractors, tractor power mowers, and 

other power equipment used or which may be used 

in connection with the laying out, construction, 

or maintenance of the roads, highways, rest areas, 

and other public grounds in the State of Texas. 

Such insurance shall be provided by the purchase 

of a policy or policies for that purpose from 

some reliable insurance company or companies 

authorized to transact such business in this 

state. All liability insurance so purchased 

shall be provided on a policy form or forms 

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I-ion . J. C. Dingwall, Page 2 (M- 536) 

approved by 

to form and 

liability." 

the State Board of ,Insurance au 

by the attorney general as to 

The wording of H. B. 378 his substantially the same as the 

wording of H. B. 2.83 (Acts 61st Legislature, R. S., Chapter 797, 

page 2357), except that H. B. 378 applies specifically to the 

State Eighway Department where H. B. 203 applies to all State 

departments which owns and eperate .motor vehicles. Your attention is directed to Attorney General's O'pinion ML501 (1969), 

wherein it is stated that the State nighway Department may 

purchase .reasonable~ personal injury anti p,roperty damage insurance coverage fox its employees un&kr M.. .R. 283, and the Comptroller may legally pay the premiums for :such coverage. 

H. B. 378 and L B. 203 do,not appear to be in conflict. 

H. B. 370 is a statute applicabie, only ko the State Righway 

Department, and it author~izee a s~li~$$$ky broader range of 

insurance coverage than does~ H. EL 208, the, <g&era1 'statute. 

The genekkl rti'le i:g that stati.&&'& ufhi& :aI$e noti positively 

repugnant will be construed so was ‘to ,give effect, if possible, 

to both. Standard v. Sadler, &> S,!YI..2d 381 (Tex.Sup. 1964). 

Further, B. B. 203, the later s!qtiate; did not expressly repeal 

H. a. 378, and repeal by implicatkon is not favored. nintermann --- 

v. McDonald, 129 ,Tex. 275~, 102 ,S,,IJ.Zd 167 (1337). 

In consideration of 'he fore,goin$ you are advised that it 

is the opinion of this &fflce $$a%. the State, Highway De~partment 

may purchase personal injury and> property damage insurance coverage for its employe&s .un&r H. R. 378 as well as under H. B. 203, 

within the limits oft coyerage~ die,cusse,d in Attorney General% 

Cpinion ~-501, z@d 'tHe~C~ptrcller may legallypay the premiums 

*for such cqve&i~e. 

The State :gi@hway dep&rtment may pu,rchase 

personal injury and property damage insurance 

coverage for its employees under H. B. 378 (Acts 

61et Legislature, R. 6. 1969, Chapter 212, page 

617),, within the limits ,of'coverage d~iscussed in 

Attorney General's Opinion St-581 (1969), and the 

comptroller may legally pay the premiums for such 

coverage. 

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Bon. J. C. Dingwall, Page 3 W-636 ) 

Prepared by TROY C; WEBB 

Alsistant Attorney General 

APPROVBD: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

Louis Neumann 

Malcolm Quick 

Jack Sparks 

Houghton Brownlee 

WADE F. GRIFFIN 

Staff Legal Assistant 

NOLAWBITK 

First Assistant 

,. 

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