THEA'ITORNEYGENERAL 

AUSTIN. TPJXAS 78711 

The Honorable David Wade, M. D. 

Commissioner 

Texas Department of Mental Health and 

Mental Retardation 

Box 12668 Capitol Station 

Austin, Texas 78711 

Dear Dr. Wade: 

Opinion No. H- 291 

Re: Liability of community 

centers for mental 

health and mental retardation services for injuries 

to employees, and related 

questions 

You have asked our opinion on two questions which are: 

“(1) Will Community Centers for Mental Health and 

Mental Retardation Services be required to comply 

with the provisions of Article 8309h, V.A. C.S.? 

“(2) In an action to recover damages for injury to or 

death of an employee in the course of his employment, 

are the defenses enumerated in Section 1 of Article 

8306. V. A. C. S., available to a Community Center for 

Mental Health and Mental Retardation Services which 

elects not to provide workman’s compensation benefits 

under Section 3.08 of Article 5547-203, V. A. C. S. 7 ” 

Article 8309h, $ 2(a), Vernon’s Texas Civil Statutes, provides: 

“Sec. 2. (a) All political subdivisions of this state 

shall become either self-insurers, provide insurance 

under workmen’s, compensation insurance contracts or 

policies, or enter into interlocal agreements with other 

political subdivisions providing for self-insurance, extending workmen’s compensation benefits to their employees. ” 

p. 1357 
The Honorable David Wade, page 2 (H-291) 

Article 8309h was enacted pursuant to Article 3. 5 60, Texas Constitution, 

and becomes effective on July 1, 1974, except as provided in § 2(b). 

Section I of the article, the definitions section, provides in part: 

“Section 1. The following words and phrases as 

used in this article shall unless a different meaning is 

plainly required by the context, have the following meanings, respectively: 

“(1) ‘Political subdivision’ means a county, homerule city, a city, town, or village organized under the 

general laws of this state, a special district, a school 

district, a junior college district, or any other legally 

constituted political subdivision of the state. ” 

Community Centers for Mental Health and Mental Retardation Services 

are established by counties, cities, hospital districts, school districts or 

combinations of these bodies. If organized by a single governmental entity 

a community center is governed by the governing board of that entity or by 

an appointed board of trustees. If organized by a combination of governmental 

entities, a community center will be governed by an appointed board. Article 

5547-203, 5 3.02, VJ.:T. C.S. The centers are funded from both local and state 

sources. Article 5547-203, 5 $3.09, 3.10, 3.14, V. T. C. S. ; Article 5547-204, 

§ 4.03; General Appropriations Act 1974-1975, Acts 1973, 63rd Leg., ch. 659, 

p. 1786, 1829. 

Community centers have been held to be political subdivisions under 

statutes concerning social security coverage, Attorney General Opinion M149 (1967) and unemployment compensation coverage, Attorney General Opinion 

M-1033 (1971). But they were determined to be neither “departments of the 

state government ‘I for the purposes of Board of Control purchasing requirements, Attorney General Opinion M-316 (1968). nor “units of government” for 

the purpoqes of the Texas Tort Claims Act, Attorney General Opinion M-538 

(1969). The latter opinion held that community centers were merely component 

parts of units of government. Attorney General Opinion ~-1266 (1972) held that 

community centers are agencies of the state, although not state agencies. That 

opinion distinguished its holding from that in Attorney General Opinion M-538 

(1969) and said: 

pa 1358 
I 

, 

The Honorable David Wade, page 3 (H-291) 

“A community center is not a political, subdivision 

except where by statutory definition it is made so for certain purposes. . . . ” 

Although under ordinary circumstances a community center could 

not be said to be made a political subdivision by the statutoiy definition in 

Article 8309h, which when stripped to its essentials is that ” ‘[plolitical 

subdivision’ means . . . any . . . legally constituted political subdivision 

of the state, ” Article 5547-203, 5 3.08, V. T. C. S., relating to community 

centers for mental health and mental retardation services, compels a different result. Section 3.08 provides: 

“Sec. 3.08. The board or director may employ 

and train personnel for the administration of the various 

programs and services of a community center. The 

board shall provide appropriate rights, privileges and 

benefits to the employees of a community center consistent 

with those rights, privileges and benefits available to 

employees of the governing bodies which establish the 

center and is authorized to provide and may provide workmen’s compensation benefits. The number of employees 

and their salaries shall be as prescribed by the board of 

trustees, as approved by the governing body or bodies of 

the local agency establishing the center. ” 

The most recent amendment to this section was by the 63rd Legislature, and 

the sole effect of that amendment was the addition of the reference to workmen’s compensation benefits. Article 8309h and Article 5547-203, $3.08 

are in pari materia and must be construed together. 53 Tex. Jur. 2d, Statutes 

§ 186. Another factor suggesting that the statutes must be considered together 

is the fact that they were enacted during the same session of the Legislature, 

and each LegislPture is presumed to be governed by a single spirt and policy. 

53 Tex. Jur. 2d. Statutes 5 105. Therefore, it is our conclusion that the legislative definition of political subdivisions for the purposes of Article 830911 is 

intended to include community centers for mental health and mental retardation services, and it is our opinion that community centers will be required 

under Article 8309h to provide workmen’s compensation benefits for their 

employees. 

p* 1359 
The Honorable David Wade, page 4 (H-291) 

Article 5547-203, 5 308, permitting community centers to provide 

workmen’s compensation benefits, is already effective. Article 8309h, 

which we have determined requires community centers to provide workmen’s compensation benefits for their employees, will become effective 

between July I, 1974, and June 30, 1977, depending on the budget of each 

center. Article 8309h, $2(b). V. T.C.S. 

Your second question is relevant to centers which decline to provide 

benefits in the period in which coverage is permissive rather than mandatory. It is our opinion that so long as a center is not required to provide 

workmen’s compensation benefits, and does not elect to do so, it does not 

forfeit its common law defenses. See, Tester v. County of Terry, Texas, 

353 F.Supp. 170 (N. D. Tex. 1973): Boswell v. City of Sweetwater, 341 

S. W. 2d 664 (Tex. Civ. App. Eas tland, 1961. writ ref’d.); City of Dallas v. 

Brown, 475 S. W. 2d 833 (Tex. Civ.App. Dallas, 1971, writ ref’d, n. r. e.); 

Attorney General Opinions M-929 (1971), M-527 (1969). 

SUMMARY 

Community Centers for Mental Health and Mental 

Retardation Services will be required to provide workmen’s 

compensation benefits for their employees when Article 

8309h, V. T. C. S., becomes effective, but they t-nay provide 

benefits before that time. If a center elects not to provide 

workmen’s compensation benefits for its employees, it will 

not forfeit its common law defenses until the mandatory 

provisions of Article 8309h become effective. 

DAVID M. KENDALL, Chairman 

Opinion Committee 

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