September 3, 1953 

Hon. Lloyd G. Rust, Jr. 

County Attorney 

Wharton County 

Wharton, Texas 

Opinion No. S-96 

Re: Applicability of the provisions of the County 

Workmen’s Compensation 

Dear Mr. Rust: law to certain officials. 

lows : 

Your request for our opinion reads in part as fol-. 

“Are the County Service Officer, the Librarian, the County Health Officer, the County 

Agricultural Agent, the County Home Demonstration Agent, the County Welfare Case Worker, the 

County Health Nurse, and the Deputy County Clerks, 

Deputy Sheriffs and County Tax Collectors county 

officials or are they county employees and covered 

by Article 8309c, V.A.C.S., the Workmen’s Compensation Act for county employees and should premiums be paid on their salaries on the Workmen’s 

Compensation Insurance policy carried by the County as provided in Article 8309c, V.A.C.S. ?” 

Section 1, Article 8309c, Vernon’s Civil Statutes, 

authorizes counties to provide Workmen’s Compensation Insurance for county employees and provides, in part, that: 

u ‘Employee’ shall mean every person in the 

service of the county who has been appointed in accordance with the provisions of the Law. No person in the service of the county who is paid on a 

piece work basis or on a basis other than by the hour, 

day, week, month or year shall be considered an employee and entitled to compensation under terms of 

the provisions of this Act.” 
. . 

Hon. Lloyd G. Rust, Jr., page 2 (S-96) 

In view of this definition, the County Service Officer, Art. 5798a-2, Vernon’s Civil Statutes, and the County 

Librarian, Art. 1683, Vernon’s Civil Statutes, are appointed 

by the Commissioners’ Court and are county employees under the literal wording of the Workmen’s Compensation Act 

for county employees. 

County Health Officer. Article, 4423, Vernon’s 

Civil Statutes, provides that the .Commissioners’ Court shall 

appoint a County Health Officer and no compensation or salary 

shall be allowed except for services actually rendered. The 

determination of the classification of this position would depend on the facts. In a county in which a physician’s full time 

is devoted to county business, he would be an employee of the 

county under Art. 8309~. However, if the employment in such 

capacity is incidental to his private practice and is handled 

in his own office, he is not a county employee. 

The County Agricultural Agent and the County 

Home Demonstration Agent appointed pursuant to the provisions of Article 164 of Vernon’s Civil Statutes are State 

employees and are not included within the provisions of 

the County Workmen’s Compensation Act. However, they 

are covered by the Workmen’s Compensation Act for federal 

employees. 5 U.S.C.A., ch. 15, sec. 790 (Federal Employees 

Compensation Act). 

County Welfare Case Worker. The County Welfare Case Worker in the usual sense is a State employee. Art. 

695c, V.C.S. However, a county case worker employed by the 

Commissioners’ Court for the purpose of assisting them in determining which persons are eligible for county support as 

paupers, idiots and lunatics, is a county employee and as such 

is covered by the provisions of the County Workmen’s Compensation Act. 

County Health Nurse. Section 1 of Article 4528a, 

Vernon’s Civil Statutes, provides that the Commissioners’ 

Court shall employ one or more Graduate Registered Nurses, 

subject to removal by the Commissioners’ Court without prior 
Hon. Lloyd G. Rust, Jr., page 3 (S-96) 

notice. 

Deputy County Clerks, Deputy Sheriffs and 

Deputy County Tax Collectors. Article 3902, Vernon’s 

Civil Statutes, provides that county officers shall apply 

to the County Commissioners’ Court for authority to appoint deputies, assistants or clerks. 

In view of the above statutory provisions, it 

is oar opinion that the County Health Nurse, Deputy 

County Clerks, Deputy Sheriffs and Deputy County Tax 

Collectors are county employees. 

SUMMARY 

The County Service Officer, the .County 

Librarian, the County Health Officer, County 

Health Nurse, Deputy County Clerks, Deputy 

Sheriffs and Deputy County Tax Collectors are 

county employees within the meaning of Article 

8309c, Vernon’s Civil Statutes (County Workmen’s Compensation Act). The County Agriculture Agent and the County Home Demonstration Agent dare State employees, and are not included within the provisions of the County Workmen’s Compensation Act. However, they are 

covered by the provisions of the Federal Workmen’s Compensation Act. 

The County Welfare Case Worker in the 

usual sense is a State employee. (Art. 695~. 

V.C.S.) However, a county case worker employed by the Commissioners’ Court for the 

purpose of assisting them in determining which 

persons are eligible for county support as paupers, idiots and lunatics is a county employee 

and as such is covered by the provisions of the 
r ^ 

Hon. Lloyd G. Rust, Jr., page 4 (S-96) 

Workmen’s Compensation Act. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

Willis E. Gresham 

Reviewer 

Yours very truly, 

JOHN BEN SHEPPERD 

Attorney General 

BY 

Burnell Waldrep 

Executive Assistant Assistant 

John Ben Shepperd 

Attorney General 

JB:da