c 

THE ATTORNEY GENE&CAL 

OF -WAS 

AUSTIN ~~.TEXAS 

May 10, 1961 

Mr. George William Fryer Opinion No. WW-1051 

County Attorney 

Freestone County Re: Whether the County ConunisFairfield, Texas sloners' Court is legally 

obligated to insure and pay 

insurance premiums to provide hospitalization insurance to the county school 

Dear Mr. Fryer: superintendent. 

You have requested our opinion as to whether the 

Commissioners' Court is legally obligated to provide hospitalization Insurance to the County Superintendent. Further, 

if such expenditures are legal, you are desirous of knowing 

whether the Commissioners I Court may be compelled to make 

the same. 

House Bill 838, Acts of the 56th Legislature, 

Regular Session, 1959, Chapter 268, page 585, codified as 

Article 2372h-2, Vernon's Civil Statutes, reads as follows: 

"The Commissioners Court of any 

county may adopt any insurance plan, 

as they deem necessary, to provide 

hospitalization insurance to any county official, deputy, assistant, and/or 

any other county employee. Acts 1959, 

56th Leg., p. 585, ch. 268, S 1." 

Apparently, it is through the authority given by 

this statute that the County Commissioners' Court of Freestone County has adopted the hospitalization insurance plan 

under which the County Superintendent seeks insurance 

coverage. The controlling issue is the county employment 

status of the County Superintendent. Is he a county official, 

deputy, assistant, and/or any other county employee? 

The county school systems have various methods of 

paying County School Superintendent's salaries and expenses 

under Article 2700, Vernon's Civil Statutes, and in no 
Mr. George William Fryer, Page 2 WW-1051 

instance are they paid by the Commissioners' Court. The 

Commissioners' Court has no control over the selection, 

pay, or duties of the County School Superintendent of 

Public Instruction. Such an official is paid through 

Available School Funds. The salaries and duties m 

prescribed by the State Legislature. 

Article 2693, Vernon's Civil Statutes, describes 

the general duties of the County School Superintendent as 

follows: 

"The county superintendent shall 

approve all vouchers legally drawn 

against the school fund of his county. 

He shall examine all the contracts 

between the trustees and teachers of 

his county, and if, in his judgment, 

such contracts are proper, he shall 

approve the same; provided, that in 

considering any contract between a 

teacher and trustees he shall be authorized to consider the amount of salary 

promised to the teacher. He shall distribute all school blanks and books to 

the officers and teachers of the public 

schools, and shall make such reports to 

the State Superintendent Btate Commissioner of Educatiog as may be required 

by that officer. He shall discharge 

such other duties as may be prescribed 

by the State Superintendent. Acts 1905, 

p. 263." 

Article 2690, Vernon's Civil Statutes , is of the 

same general tenor. While the County School Superintendent 

is elected by eligible voters of his county, he is in fact 

an officer of the State. Webb County v. Board of School 

Trustees, 95 Tex. 131, 65 S.W. 878 (1901). In this case the 

court held that the County School Superintendent, in the performance of his duty to apportion the school fund, Is not 

subject to the jurisdiction of the Commissioners' Court, but 

to the State Superintendent. 

As the County School Superintendent renders no 

services to the county as such, receives no salary from the 
. . 

Mr. George William Fryer, Page 3 WW-1051 

county and Is not subject to the jurisdiction of the 

Commissioners' Court, he is not in fact a county official, 

deputy, assistant, and/or other county employee within the 

meaning of Article 2372h-2, Vernon's Civil Statutes. Therefore it is our opinion that the Commissioners Court of 

Freestone County is not legally obligated to provide hospitalization insurance to the County Superintendent. 

In view of our answer to your first question, 

it is not necessary for us to answer the remaining questions. 

SUMMARY 

Since the County School Superintendent 

of Public Instruction is not included 

in the county officials and employees 

provided for in Article 2372h-2, 

Vernon's Civil Statutes, the commissioners Court is not legally obligated to provide hospitalization insurance to him. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

SAW:afg:cm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

L. P. Lollar 

Mary K. Wall 

F. C. Jack Goodman 

William H. Pool, Jr. 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Morgan Nesbitt