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THE ATTORNEY GENE&CAL OF -WAS

AUSTIN ~~.TEXAS
May 10, 1961

Mr. George William Fryer OpinionNo. WW-1051 County Attorney Freestone County Re: Whether the County ConunisFairfield, Texas sloners'Court is legally obligated to insure and pay insurancepremiums 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 providehospitalization Insurance to the County Superintendent. Further, if such expenditures are legal,you are desirous of knowing whether the CommissionersICourt may be compelled tomake the same.House Bill 838, Acts of the 56th Legislature, Regular Session, 1959, Chapter 268, page 585, codifiedas Article 2372h-2,Vernon's Civil Statutes, reads as follows:

"The CommissionersCourt of any countymay adopt any insuranceplan, 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 statutethat the County Commissioners'Court of Freestone Countyhas adopted the hospitalization insuranceplan 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 systemshave variousmethods of paying County School Superintendent's salariesand expenses under Article 2700, Vernon's Civil Statutes, and in noMr. 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 prescribedby the State Legislature.

Article 2693,Vernon's Civil Statutes,describes the general duties of the County School Superintendentas follows: "The county superintendentshall

approve all vouchers legallydrawn against the school fund of his county. He shall examine all the contracts between the trustees and teachers of his county, and if, inhis judgment, such contracts are proper,he shall approve the same;provided, that in consideringany contractbetween a teacher and trusteeshe shallbe authorized to consider the amount of salary promised to the teacher. He shall distribute all schoolblanks and books to the officers and teachers of the public schools, and shallmake such reports to the State SuperintendentBtate Commissioner of Educatiog asmay 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 electedby eligiblevoters of his county,he is in fact an officer of the State. Webb Countyv. Board of School Trustees, 95 Tex. 131, 65 S.W. 878 (1901). In this case the courtheld that the County School Superintendent, in the performance of his duty to apportion the school fund, Is not subject to the jurisdictionof the Commissioners'Court,but to the State Superintendent.

As the County School Superintendentrendersno services to the county as such, receivesno salary from the. .

Mr. George William Fryer, Page 3 WW-1051

county and Is not subject to the jurisdictionof the Commissioners'Court,he is not in fact a county official, deputy, assistant, and/or other county employeewithin the meaning of Article 2372h-2,Vernon's Civil Statutes. Therefore it is our opinion that the CommissionersCourt of Freestone County is not legally obligated to providehospitalization 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 providehospitalization 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 ATTORNEYGENERAL BY: Morgan Nesbitt