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 followingquestion:

Can the Texas Highway Department purchase insurance to provide protection of its employees for torts coveringpersonal injury or property damage and can the Comptroller legallypay 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, includingbut 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 connectionwith 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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. J. C. Dingwall, Page 2 (M-536)

approved by to form and liability." the State Board of ,Insuranceau

by the attorneygeneral as to

The wording of H. B. 378hissubstantially the same as the wording of H. B. 2.83(Acts61st 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 ownsand eperate .motorvehicles. 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,ropertydamage insurance coverage fox its employeesun&kr M...R.283, and the Comptroller may legally pay the premiums for :suchcoverage.
H. B. 378 and L B. 203do,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:gthat stati.&&'&

ufhi& :aI$e

noti positively repugnant will be construed so was‘to,giveeffect, 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 oftcoyerage~ die,cusse,d

in Attorney General% Cpinion ~-501, z@d 'tHe~C~ptrcllermay legallypay the premiums *for such cqve&i~e.

The State :gi@hwaydep&rtmentmay pu,rchase personal injury and property damage insurance coverage for its employeesunder H. B. 378 (Acts 61et Legislature, R. 6. 1969, Chapter 212, page 617),, within the limits ,of'coverage d~iscussedin Attorney General's Opinion St-581(1969),and the comptroller may legallypay the premiums for such coverage.

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### J. C. Dingwall,Page 

### 3 W-636 )

Prepared by 

### TROYC; 

### WEBB Alsistant Attorney

### General APPROVBD: OPINIONCOMMITTEE KernsTaylor,Chairman GeorgeKelton,Vice-Chairman LouisNeumann MalcolmQuick Jack Sparks HoughtonBrownlee
WADE F.GRIFFIN StaffLegalAssistant


### NOLAWBITK FirstAssistant

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