Untitled Texas Attorney General Opinion

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THE ATTORNEY GENE&CAL
OF -WAS
AUSTIN ``.TEXAS
May 10, 1961
Mr. George William Fryer Opinion No. WW-1051
County Attorney
Freestone County Re: Whether the County Conunis-
Fairfield, Texas sloners' Court is legally
obligated to insure and pay
insurance premiums to pro-
vide hospitalization insur-
ance to the county school
Dear Mr. Fryer: superintendent.
You have requested our opinion as to whether the
Commissioners' Court is legally obligated to provide hospi-
talization Insurance to the County Superintendent. Further,
if such expenditures are legal, you are desirous of knowing
whether the Commissioners I Court may be compelled to make
the same.
House Bill 838, Acts of the 56th Legislature,
Regular Session, 1959, Chapter 268, page 585, codified as
Article 2372h-2, Vernon's Civil Statutes, reads as follows:
"The Commissioners Court of any
county may adopt any insurance plan,
as they deem necessary, to provide
hospitalization insurance to any coun-
ty official, deputy, assistant, and/or
any other county employee. Acts 1959,
56th Leg., p. 585, ch. 268, S 1."
Apparently, it is through the authority given by
this statute that the County Commissioners' Court of Free-
stone County has adopted the hospitalization insurance plan
under which the County Superintendent seeks insurance
coverage. The controlling issue is the county employment
status of the County Superintendent. Is he a county official,
deputy, assistant, and/or any other county employee?
The county school systems have various methods of
paying County School Superintendent's salaries and expenses
under Article 2700, Vernon's Civil Statutes, and in no
Mr. George William Fryer, Page 2 WW-1051
instance are they paid by the Commissioners' Court. The
Commissioners' Court has no control over the selection,
pay, or duties of the County School Superintendent of
Public Instruction. Such an official is paid through
Available School Funds. The salaries and duties m
prescribed by the State Legislature.
Article 2693, Vernon's Civil Statutes, describes
the general duties of the County School Superintendent as
follows:
"The county superintendent shall
approve all vouchers legally drawn
against the school fund of his county.
He shall examine all the contracts
between the trustees and teachers of
his county, and if, in his judgment,
such contracts are proper, he shall
approve the same; provided, that in
considering any contract between a
teacher and trustees he shall be author-
ized to consider the amount of salary
promised to the teacher. He shall dis-
tribute all school blanks and books to
the officers and teachers of the public
schools, and shall make such reports to
the State Superintendent Btate Commis-
sioner of Educatiog as may be required
by that officer. He shall discharge
such other duties as may be prescribed
by the State Superintendent. Acts 1905,
p. 263."
Article 2690, Vernon's Civil Statutes , is of the
same general tenor. While the County School Superintendent
is elected by eligible voters of his county, he is in fact
an officer of the State. Webb County v. Board of School
Trustees, 95 Tex. 131, 65 S.W. 878 (1901). In this case the
court held that the County School Superintendent, in the per-
formance of his duty to apportion the school fund, Is not
subject to the jurisdiction of the Commissioners' Court, but
to the State Superintendent.
As the County School Superintendent renders no
services to the county as such, receives no salary from the
. .
Mr. George William Fryer, Page 3 WW-1051
county and Is not subject to the jurisdiction of the
Commissioners' Court, he is not in fact a county official,
deputy, assistant, and/or other county employee within the
meaning of Article 2372h-2, Vernon's Civil Statutes. There-
fore it is our opinion that the Commissioners Court of
Freestone County is not legally obligated to provide hospi-
talization insurance to the County Superintendent.
In view of our answer to your first question,
it is not necessary for us to answer the remaining questions.
SUMMARY
Since the County School Superintendent
of Public Instruction is not included
in the county officials and employees
provided for in Article 2372h-2,
Vernon's Civil Statutes, the commis-
sioners Court is not legally obli-
gated to provide hospitalization in-
surance to him.
Yours very truly,
WILL WILSON
Attorney General of Texas
Assistant
SAW:afg:cm
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
L. P. Lollar
Mary K. Wall
F. C. Jack Goodman
William H. Pool, Jr.
REVIEWED FOR THE ATTORNEY GENERAL
BY: Morgan Nesbitt