### EATTORNEY GENERAL .CD,PTEXAS

PRICE DANIEL ATTORNEYGENERAL AUSTIN ~~.TEXAS 

### January 28, 1948
Hon. Sam Lee, County Attorney, Brazorla County, Angleton, Texas

Dear Sir: Opinlan ,Mo.v&38 Re: Construction 

### and constitutionality of R. B. 

### 665, 50th Legislature, conceming group #wurance for public employees.
Werefer to your letter of Bovember 26, 

### 1947 in which you startit the rollowing quesltionsr

1. 

### “DoesH. 1). 665, as passid by the 50th Legislature, apply to the counties of the state as well as to the. state and the specific governmental agenc%es men**tioned** IIISection 1 of said b,lll? 2. “If H. B. 665 does app,ly to counties, Is it constitutional? 3. “1s Broztwia County, Texas authorized to pay the prani(laa or any part thereof for the benefit of its emplT-* for the insurance available unc?er 88 d bill?4. MIsthere 

### anyauthority for this county to obtain wo~knea’s compensation lneti&nce for its employees in lieu of thr health and accident insurance as provided undsr 

### said bill?”

. 8. B;~

### 665 nowappears in Vernon’s Civil Statutes as Art, 5053a. It reads:~ 1. .~.~

“Sectton~ lL. ,Tbe State of Texas and each of its political ~dqbirrlratfte subdlv~s r vemmental 

### ana ens depastuats~ **~agtiaeles,** 

## as~swiatlon

d ptkic **errployeos**

## , and the 

### omrning beards and authorities of each it

tate **university** college, coWa and fndependekt school districts ar, of an$Hon. SamLee - Page 2 (V-488)

other agency or subdivision of the nub11~ schoel 

### sybtemof the State of Texa8 are authorized to procure contracts Insuring their respective employees or any class or classes thereof under a policy or policies of group health accidental death and accident, dismemerment, 6 and ~hospital, surgical and/or medical ex**pense ’**  insurance e The dependents of any **such** eaployees maybe insured under.group, polic%ea which prwide hospital, surreal and/or mdical expense insurance. 

### l mployeesl contributions to the premiums for such insurance issued to the employer or to an assoalatlon of public employees. as the policyholder maybe deducted by the employer from the smployessl salutes whenauthorized in writing by the respective, employee’s so to do. *Gel 2. All group insurance contracts erfected pursuant hereto **shall** conform and be subject to all the provisions af any existing or future laws conoernlng groupslnsurance,n It is elementary that a county is a political subdivision, of the State. 81 w. 915. Robblns v. Limestone County, 268

‘Weare of the opinion that c&Me8 are lnclud~ ed ln the authorization ivea in Article 5053pj therefore cur answer to your Questfon No. 1 is in the affirmative.

The ~language of **the** Article Is that the enunier-: ated employers “tie authorized to procure contrc)cts insuring **their** respective em#loyees or any class or claasra there&f under a policy or,policies of group health, 

### reel&ant, ace& dental death and dismemberment,, and hospital surgical and/& medical expense fnsurance.

. . It is **provided** that uponwrftten consent of employees deductions maybe madeby the employer from their salaries to pay “‘employees contributions.” If thenquoted language means that pubU.c moneymay be used,,to pay premium or, any ex ense void, as was held ii Incident to such insurance, the Act is y,this Department in its Opinion No. V-l&C?, a copy of which Is enclosed for your information. H. 3. 665 was amended in House Committee,,after that o 5nion was written. If it merely means that, group insurance palB ties maybe issued to the indicatsd groups~of employees without the use of

‘

.. ,‘

.: Hon. SamLea - page 

### 3 (v-488)

public money, the XCt is valid to that lit money has been lawfully paid to an to be public money. oxtent

. Whenpub; employee, It ceases
Weare of tbe opinion that the law authorizes the issuance of group insurance policies to groups of employees in the,classes indicated in the law, and it does not authorize~ths Use of any public moneyto pay any part of any premiumor incidental expense concerning it.

.Our aimter to your Question No. 

### 3 is in the negative. Answering your Question No, 4, ,there is no,law which authorizes a county to ‘obtain workmena’ ~compensation insurance for its e%ploye,es. See Attorney Ganeral,@s Gplnion No. V-381, a copy of which is enclosed.

County employees are lncluded,in the class of employees for whomgroup health, accident, accidtrntal death’ and dismembermenkand hospital, surgical and/or ~medi-, cal e,xpen$* ineur~ce maybe issued under Art. 

### 5Q53a, V. C. S, County funds maynot be used to pay premiums or incidental expense for such insurance. Counties are not authorized to obtain Workmens’ Compensation Insurance for county employees+ Yours very truly, ATTORNEY

GENERAL

OFTEXAS

WTwtwb Encls. W. T. Wllliano Assistant
APJ’%OVkD:. p&Jl&$f **ATTDRI ’** **SISY**

GERERAL