Texas Attorney General Opinion: WW-566 Page: 4 of 5
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Honorable Homer Garrison, Jr., page 4 (WW-566)
Regular Session, 1957, Chapter 385, make it clear that a portion of the
funds there appropriated are for ". . .funeral expense when death re-
sults in line of duty." And, the above'mentioned act (Article 413(a),1
Vernon's Civil Statutes) in Sect ion'2 reappropriatee those funds also
for ". . . the purpose set out in Section 1 of this Act, in addition
.t the purposes named in ....'" the appropriation bill.
An apprOpriation authorized by preoexisting law has been
'passed by the LegiSlature of this State to pay drug,medioai, hospital
and laboratory expenses of Department of: Public Safety personnel when
Sin5ured in:lime 'of .dutS, an funeral expenses when death' results in
line of duty,.The promise of such payments was a condition of employ-
ment of suoh personnel. We are unable to determine a constitutional
prohibition whioh would withhold .suoh payments fro those who have
labored or served for such privilege. (See: Friedman v. Amerocan
Surety Co. of New York, 151 .W. 2&, 570, at 5780
'tr Questions 1 ad 2 are answered in the affirative
under the assumption that uch paYgentes villbe made from the fund
provided:in accordance 'with the regularly established departmental
poliai se. to t hlo.,:employees who have had such a condition attached
to their eyee. ..t.
Because of the considerations involved, we will answer
Questions 3 and 4: together.
The controlling distinction here is whether such examinations:
are given to employees and prospective employees of the Department ioi-
dent to and in furtherance of the governmental function of the Depart- -
ment; or whether they are. given for the private benefit of the .em'
ployee involved. The nature of the information sougt in a physical
examination is such 'that' it can be obtained only by a qualified medical
examiner and cannot be obtained by the regular Department personnel.
In the event examinations for the benefit of the employees involved were
to be attempted, such would be prohibited by Section 51 of Artole III
of the Texas Constitution quoted above.
The examinations you: inquire about are, in our opinion given'
for the benefit of the Department in order for the Departamet to deter-
mine if the persons involved are physically able to perform their
offiially asigned duties. The examinations would olearly be in fur-
therance of the State's purpose, and therefore, would have a evern-
mental purpose. The answer to your Questions 3 and 4 is in the af-
f irmative. 7.
SU1AR"Y
The Department of Public Safety may pay the
medical and funeral expenses of employees in-
jured or killed in line of duty so long as
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-566, text, March 6, 1959; (https://texashistory.unt.edu/ark:/67531/metapth267178/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.