Texas Attorney General Opinion: O-4152 Page: 2 of 4
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lomovable D. 0. Orse*r, P4*
four or five days, he had aetually been on
the County pay roll fiftyoaMe hours, he
received this itnjry while repariag the
shovel, whioh was doing work a a County
project on a County road under the di"e-
tion of the County Omatusioner."
Under the foregoang facts, you wish to be advised
whether or not there is any liability on the part of the texas
State R highway Department ad a ether you have authority to
assume liability and pay benefits under the Compensation Act
applicable to the State Highway Department.
By the Acts of 1957, 45th Legislature, Chapter 502,
certain provisions of the Workmn's Compensation Law ver adopt-
ed thereby the State ighvay Department of Texas was authorized
to become selfnsurtIng, with operation benefits payable to
njurd employees in accoordane with the provisions of the Act.
this Statute, containing Setions 1 through 20 la Incorporated
in Vernon's Annotated Civil Statutes as Article 6607s. Sub-
section 2 of Section 2 thereof providest
"'Eployee' shall man evory person in
the service of the State Highway Department
under any appointatnt or expressed contract
of hire, eral or written, vbose name appears
upon the pay roll of the State Righway De-
partant, except officials appointed by the
Governor with the advice and eossent of the
Senate, except clerical and office employee
not required by their duties to travel or
work avay from their oftfie, and eeept all
positions for Vhi i iteaised appropriations
aoe aste by the Legislate. No person in
the ervioe of the State lig.hay Department
vho is paid on a pieceork basis, or on any
basis other than by the hour, da, reek,
month, or year. shall be eons idered an e-
ployee and entitled to ompensation under
the torms and provisions of this Act.
* * *."
Section eof said Act, provides
"If an employee of the Derpartment sus-
tans an injury in the eeurse of his emaploy-
aent he shall be paid compensation 1y the
Department, as hereinafter provided.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4152, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261393/m1/2/: accessed December 11, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.