Untitled Texas Attorney General Opinion ( 1975 )

TIEBE AITORNEY GENERAL
OF TEXAS
AUSTIN. T-s 78711
JOBN I, ar-
A-- o-Al.
June 27. 1975
The Honorable Cue D. Boykin Opinion No. H- 637
Chairman, Texas Industrial
Accident Board Re: Effective date of
P. 0. Box 12757. Capitol Station workmen’s compen-
Austin, Texas 78711 sation coverage for
state employee*
Dear Mr. Boykin:
You have requested our opinion concerning the date after which
injuries sustained by a state employee may be compensated under
article 8309g, V. T. C. S.
Section 16 of article 8309g provides:
An employee is not entitled to benefits under this
article unless the accident causing his injury
occurs at least 90 days after the effective date
of this article.
Acts 1973, 63rd Leg., ch. 88, p. 195, section 21 at 201, provides
in part:
[Article 8309g] takes effect on the first day that
money becomes available for its administration,
pursuant to legislative appropriation . . .
Money was appropriated by House Bill 169, Acts 1975, 64th~Leg., ch. 55,
p. 119 (Vernon’s Texas Session Law Service No. 2), which went into effect
on April 18, 1975. Accordingly, injuries sustained on or after July 18, 1975,
may be compensated under article 8309g. See Halbert v:San Saba Springs
Land & Livwtock Association, 34 S.W. 639 (Tex. Sup. 1896).
While $50.000 was transferred to the Attorney General’s Operating Fund
from Workmen’s Compensation Fund No. 94 by Acts 1973, 63rd Leg., ch. 659,
p. 1786 at 1920, effecti~ve September 1. 1974, in our view it is clear that this
p. 2805
The Honorable Cue D. Boykin, page 2 (H-637)
transfer did not constitute the appropriation required by section 21.
supra. The purpose of this transfer was to enable this office to better
represent the Industrial Accident Board and to prepare for the initiation
of the State employee’s workmen’s compensation program. Attorney
General Opinion H-524 (1975). Section 3 of House Bill 169, supra, pro-
vides in part:
. . . there are presently no funds for payment of
valid claims . . .
In our opinion section 21, supra. requires an appropriation of funds
to be available for the payment of claims. The transfer of funds to this
office’s Operating Punds did not make such funds available for this purpose0
However, House Bill 169 did appropriate funds for this purpose and claims
may be paid if they arise from injuries sustained 90 days after its April 18,
1975 effective date, that is, July 18, 1975.
SUMMARY
Injuries sustained by a state employee on and after
July 18, 1975, may be compensated under article 8309g,
V. T. C. S.
Very truly your*,
A
Attorney General of Texas
APPROVED:
LG
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2806