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The Honorable Ralph F. Block - page 2 (H-900)
Although the Battleship Texas Commission may be liable
under certain circumstances for injuries arising from the
use of its property, including the Battleship Texas, it is
not legally required to carry liability insurance. Section
9 of the Tort Claims Act authorizes the purchase of such
insurance at the discretion of the governmental unit.
Attorney General Opinion M-475 (1969). The presence of
liability insurance has no bearing upon the imposition of
damages against the governmental unit. Whether liability
insurance may be financially prudent or necessary is a
question for the Commission to determine. Such insurance is
not, however, required by the Tort Claims Act, and of course
cannot be purchased with funds appropriated in the General
Appropriations Act for the current biennium. Acts 1975,
64th Leg., ch. 743, at 2868. See Attorney General Opinions
H-158 (1973), M-1215 (1972), M-521 (1969). Cf. Attorney
General Opinion H-681 (1975).
SUMMARY
The Texas Tort Claims Act, article
6252-19, V.T.C.S., authorizes, but
does not require, the Battleship Texas
Commission to carry liability insurance
for the Battleship Texas.
ery truly yours,
, O L, HILL
Attorney General of Texas
APPROVED:
DAVID M. ENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jwb
p. 3777