Untitled Texas Attorney General Opinion ( 1963 )

December 12, 1963 Hon. C. Ii. Cavness Opinion No. C- 193 State Auditor Austin, Texas Re: Can public liability Insurance coverage be carried on operations of housing facilities of Texas State Educa- tional Instltutlons financed by Housing Dear Mr. Cavness: and Home Finance Agency. You have requested our opinion as to whether public llablllty Insurance can be carried on operations of housing facilities of Texas State Educational Institutions financed by the House and Home Finance Agency under Title IV of the Housing Act of lg.50(Public Law 475, 81st Congress, as amended). You state that public llablllty Insurance coverage Is a part of the terms and conditions of such loan agreements, and has prompted this opinion request. We also observe that such terms and conditions also Include therein fire and extended coverage, boiler insurance, and use and occupancy Insurance. The question of whether the several State agencies are authorized to carry various types of Insurance has been construed on numerous past occasions by this office. These opinions hold that State warrants may not be Issued for the payment of an Insurance premium ln,the absence of a specific appropriation for that purpose. These holdings have also been Influenced by the legislativedirective found In Senate Concur- rent Resolution No. 3, 37th Leg., 2nd Called Session, 1921, wh'erelnIt Is stated that no Insurance policy shall be taken out upon any of the public buildings and contents thereof. As there Is no specific appropriationfor the payment of llablllty Insurance premiums In this Instance, no payment for such an ex- pense Is authorized. Your attention Is directed to the enclosed Attorney General's Opinions Nos. o-1100, o-1762, o-5790, o-184, o-3000, O-2130 and o-5824 In thlS connection. -932- . Hon. C. Ii. Cavness, page .2 (C- 193 ) It must also be pointed out that there is an even more important reason why there Is no,authorlzatlon for securing llablllty Insurance coverage. Broadly speaking, llablllty ln.surance protects the Insured against judgments obtained against such Insured for damagea caused by It or Its agent. It Is well established that the State cannot be sued without ‘Its consent, and further that the State Is not liable for the torts of Its officers, agents, or employees acting in a~govern- ment&l function. Fonseca v. State, 297 S.li.2d 19, (Tex.Clv. App. 1956) and cases there cited. It Is, therefore,. our opinion that Texas State Educational Institutions are not authorized to carry public llablllty Insurance on their housing facllltles. SUMMARY Public llablllty Insurance coverage cannot be carried on operations of housing facllltles of Texas State Educational Instltutlons. Very truly yours, WAGGONER CARR Attorney General By: PP:mkh Assistant APPROVED: OPINION COMMITTEE w. V. Geppert, Chairman Joe R. Long Frank Booth Malcolm Quick Paul Robertson gPROVED FOR THE ATTORNEY GENERAL : Albert P. Jones -933-