Untitled Texas Attorney General Opinion ( 1969 )

THE ATTBECNEW GENERAL
OF TEXAS
CE&aWPORD a. MARTIN AUSTIN. TEXAS 78711
AT-rORNEY OENER*L
November 24, 1969
Honorable Ronald D. Stephens Opinion No. M-513
County Attorney
Courthouse Re: Whether the Texas Tort
Graham, Texas Claims Act requires counties
to come within the pro-
visions of the Workmen's
Compensation Act the same
Dear Mr. Stephens: as any other employer.
In your request for an bpinion you state the following:
"Does the Texas Tort Claims Act effective
January 1, 1970 make it mandatory for county
governments to come within the provision of
the Workmen's Compensation Act, the same as
any other employer."
Section 3 of Article 8309c, Vernon's Civil Statutes,
authorizes counties to carry Workmen's Compensation Insurance
for the benefit of their employees and provides that carrying
such insurance is permissive and not mandatory.
The caption of the Texas Tort Claims Act (Art. 6252-19,
V.C.S.) provides that it is an act "raking applicable the pro-
visions of the Workmen's Compensation Act to those units of
government acquiring Workmen's Compensation Insurance." Section
19 of the Act reads as follows:
"Sec. 19. Any governmental unit carryinq
Workmen's Compensation Insurance or accepting
the provisions of the Workmen's Compensation
Act of the State of Texas shall be entitled to
all of the privileges and immunities granted
by the Workmen'~sCompensationAct of the State
of Texas to private persons and corporations."
(Emphasis added.)
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Hon. Ronald D. Stephens, page 2 (M-513)
There is no conflict between these two statutes and
Article 6252-19 does not repeal Article 8&09c: Statutes which
deal with the same general subject and have the same general
purpose are "in para,materia" and must be harmonized, if possible,
so as not to destroy the effect of either. Goldman v. State,
277 S.W.2d 217, 222 (Tex.Civ.App. 1954 ref. n.r.e;).
We answer your inquiry in the negative.
SUMMARY
The Texas Tort Claims Act (Article 6252-19,
V.C.S.) does not make it or counties
to carry Workman's Compensation I rance.
General of Texas, .
Prepared by Jack Sparks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
Wardlow Lane
Roger Tyler
Louis Neumann
Houghton Brownlee
MBADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First ASSiStant
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