Untitled Texas Attorney General Opinion ( 1948 )

Bexar County Re: The authority of the County
San Antonio 5. Texas Auditor to deduct employees’
group insurance premiums
from salaries upon the au-
thorization by employees.
Dear Sir:
You have requested the opinion of this office *as re-
gards the function of the County Auditor under the provision of
Art. 5053a V.C.S. that ‘the employees’ contributions to the pre-
miums for such insurance issued to the employer or to an asso-
ciation of public employees as the policyholder may be deduct-
ed by the employer from the employees’ salaries when author-
ized in writing by the respective employees so to do.’ I should
like to know whether the collection or deduction aforesaid is the
proper function of the County Auditor, as regards County Em-
ployees’ Group Inyurance.”
You have also advised that the County’Auditor of Bexar
County ,performs his duties under the provisions of Article 1656a,
Revis,ed Civil Statutes of Texas, and the other pertinent provisions
concerning “County Auditor” contained in Title 34, R.C.S. of Texas.
Under Opinion V-488 this office held that a county could
enter into a contract insuring the county employees or any class or
classes thereof for the type of group insurance covered by H. B.
665. 50th Legislature, and that the contribution of the employees to
the premium, which would be the entire premium, could be deduct-
ed by the county from the employees’ salaries upon written author-
ization from the employees to the county.
Article 1656a. R.C.S. of Texas., provides for various duties
of the County Auditor in counties having a population of one hundred
ninety thousand (190,000) or more according to the last preceding
or any future Federal census. The County Auditor of Bexar County
Hon. Wm. N. Hensley. Page 2 (V-711)
is subject to its provisions. This statute provides, in part, as
follows:
..
. . . All of the fees, commissions, funds, and
moneys herein referred to shall be turned over
to the County Treasurer by such officer as col-
lected, and such money shall be deposited in the.
county depository in a special fund to the credit
of such officer and draw interest for the benefit
of the county, which funds, when so deposited in
such depository, shall‘be secured by the bond of
such depository. .Thereafter the officer may draw
checks on the County Treasurer to disburse said,
funds in the payment of salaries and expenses au-
thorized by law or in payment to the county or to
the persons, firms, or corporations to whom sz
funds may belong. The Treasurer and the depos-
itory shall make no payment unless such check
is countersigned by the County Auditor.. . .”
(Emphasis added)
In view of the foregoing provision, neither the collec-
,. ~, s. ..:
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tion nor the deduction of the contributions from the salaries of
the county employees constitutes any function of the County Au-
ditor of Bexar County. The collection and deduction should be
performed by the proper county officer who issues the checks on
the County Treasurer for the payment of the salaries of the em-
ployees included in the group insurance plan. The employees must
have authorized the deductions of such contributions in writing.
The County Auditor, of Course, would necessarily have to counter-
sign the checks of the~cbunty officer under the emphasized provi-
sions of Article 1656a, supra.
SUMMARY
In counties having a population of 1901000 or
more according to the last preceding or any future
Federal census, the collection and deduction of
employees’ contributions to the premiums for
membership in county group insurance plan under
the provisions of Article 5053a. V.C.S., is not the
proper function of the County Auditor. The collec-
tion and deduction of such employees’ contributions
‘I
jL 4
_._ 53
,
Hon. Wm. N. Hensley. Page 3 (V-711)
should be made by the proper cowrty officer
charged with the issuance of the county em-
ployees’ checks under the provisions of Art.
1656a. R.C.S. of Texas.
Yours vary truly
ATTORNEY GENERAL OF TEXAS
C. K. Richards
Assistant
CKR/JCP
APPROVED:
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ATTORNEYGENERAL