Texas Attorney General Opinion: JM-889 Page: 4 of 5
5 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mr. L.L. Bowman III - Page 4 (JM-889)
liability insurance under the statute may incidentally
receive other coverage. Because no state funds are being
expended for this other coverage, this office neither
approves nor disapproves this portion of the policy.
Finally, you raise the possibility of your department
purchasing liability insurance under the Texas Tort Claims
Act and ask: (1) whether the department would receive
additional protection by also purchasing insurance under
article 6252-19a, V.T.C.S.; and (2) whether the State
Board of Insurance and the attorney general must review a
policy purchased by the department pursuant to the Texas
Tort Claims Act. Section 101.027 of the Civil Practice
and Remedies Code governs liability insurance purchased
under the Texas Tort Claims Act. It provides in part:
(a) Each governmental unit may purchase
insurance policies protecting the unit and
the unit's employees against claims under
this chapter.
The Savings and Loan Department is a governmental unit as
defined by the Texas Tort Claims Act, and is covered by
section 101.027. However, we note that the General
Appropriations Bill for the current biennium contains the
following provision:
Sec. 54. TORT CLAIMS ACT. None of the
funds appropriated in this Act may be
expended for the purpose of purchasing
policies of insurance covering claims
arising under the Texas Tort Claims Act.
General Appropriations Act, Acts 1987, 70th Leg., 2d C.S.,
ch. 78, art. V, 54, at 1120. A similar restriction has
been included in previous appropriation bills. See
Attorney General Opinion Nos. JM-625 (1987); JM-551
(1986); H-900 (1976).
It is our understanding that there are no funds
available to your department that are not subject to
the restriction of section 54, article V, of the General
Appropriations Act. Therefore, we decline to address the
first part of your question. Assuming a state agency has
funds available for the purchase of insurance under the
Texas Tort Claims Act, we have found no provision in the
act which requires this office or the State Board of
Insurance to approve the purchase.p. 4354
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-889, text, April 8, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273327/m1/4/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.