Untitled Texas Attorney General Opinion ( 1969 )

AunTIs. TEXAS 78711 December 9, 1969 Hon. J. C. Dingwall Opinion No. M-536 State Highway Engineer Texas Highway Department Re: Purchase of Liability Insurance 11th and Brasos for Texas State Highway Depart- Austin, Texas 70703' ment employees under provision of H. B: 378, 61st Legislature, Dear.&. Dingwall: R. S. 1969, You have requested the opinion of this office concerning the following question: Can the Texas Highway Department purchase insurance to provide protection of its employees for torts covering personal injury or property damage and can the Comptroller legally pay the premiums for such insurance coverage under Ii.B. 378, 61st Legislature, R. 9. 19691 H. B. 378, Chapter 212, page 617, Acts of 61st Legislature, R. S., was passed on Nay 1, 1969. It took effect on September 1, 1969. The Statute reads in part as follows: "Section 1. The State Highway Commission shall have the power and authority to insure the officers and employees of the Texas Bigh- way Departwnt from liability arising out of the use, operation, and maintenance of equip- ment, including but not limited to, automobiles, motor trucks, trailers , aircraft, motor graders, rollers, tractors, tractor power mowers, and other power equipment used or which may be used in connection with the laying out, construction, or maintenance of the roads, highways, rest areas, and other public grounds in the State of Texas. Such insurance shall be provided by the purchase of a policy or policies for that purpose from some reliable insurance company or companies authorized to transact such business in this state. All liability insurance so purchased shall be provided on a policy form or forms -2565- I-ion . J. C. Dingwall, Page 2 (M- 536) approved by the State Board of ,Insuranceau to form and by the attorney general as to liability." The wording of H. B. 378 his substantially the same as the wording of H. B. 2.83 (Acts 61st Legislature, R. S., Chapter 797, page 2357), except that H. B. 378 applies specifically to the State Eighway Department where H. B. 203 applies to all State departments which ownsand eperate .motor vehicles. Your atten- tion is directed to Attorney General's O'pinionML501 (1969), wherein it is stated that the State nighway Department may personal injury anti p,roperty damage insur- purchase .reasonable~ ance coverage fox its employees un&kr M...R. 283, and the Comp- troller may legally pay the premiums for :such coverage. H. B. 378 and L B. 203 do,not appear to be in conflict. H. B. 370 is a statute applicabie,only ko the State Righway Department, and it author~izeea s~li~$$$kybroader range of insurance coverage than does~H. EL 208, the, S,!YI..2d 381 (Tex.Sup. 1964). Further, B. B. 203, the later s!qtiate;did not expressly repeal H. a. 378, and repeal by implicatkon is not favored. nintermann --- v. McDonald, 129 ,Tex. 275~,102 ,S,,IJ.Zd 167 (1337). In consideration of 'he fore,goin$ you are advised that it is the opinion of this &fflce $$a%.the State,Highway De~partment may purchase personal injury and>property damage insurance cover- age for its employe&s .un&r H. R. 378 as well as under H. B. 203, within the limits oft coyerage~die,cusse,d in Attorney General% Cpinion ~-501, z@d 'tHe~C~ptrcller may legallypay the premiums *for such cqve&i~e. The State :gi@hwaydep&rtment may pu,rchase personal injury and property damage insurance coverage for its employees under H. B. 378 (Acts 61et Legislature, R. 6. 1969, Chapter 212, page 617),,within the limits ,of'coveraged~iscussedin Attorney General's Opinion St-581 (1969), and the comptroller may legally pay the premiums for such coverage. -2566- Bon. J. C. Dingwall, Page 3 W-636 ) Prepared by TROY C; WEBB Alsistant Attorney General APPROVBD: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman Louis Neumann Malcolm Quick Jack Sparks Houghton Brownlee WADE F. GRIFFIN Staff Legal Assistant NOLAWBITK First Assistant ,. -2567-