Texas Attorney General Opinion: WW-731 Page: 2 of 4
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3622
Honorable C. V. Milburn, page 2 (WW-731)
"Sec. 1. The State of Texas and
each of its political, governmental and
administrative subdivisions, departments,
agencies, association of public employees,
and the governing boards and authorities
of each State university, college, common
and independent school districts or of any
other agency or subdivision of the public
school system of the State of Texas are
authorized to procure contracts insuring
their respective employees or any class or
classes thereof under a policy or policies
of group health, accident, accidental death
and dismemberment, and hospital, surgical
and/or medical expense insurance. . .
In addition to this the Legislature passed Article
2372h, Section 2, Vernon's Civil Statutes, allowing
counties having a population of over 500,000 to provide
hospitalization benefits for county officials and em-
ployees and to provide for payments of premiums. In line
with this legislative history it is clear that House Bill
No. 838 was passed in order to allow counties having a
population of less than 500,000 to choose a hospitaliza-
tion plan that is suitable for the particular county con-
cerned.
An analysis of the text of House Bill No. 838 dis-
closes that the Commissioners Court may adopt an (Emphasis
ours) hospitalization insurance plan to provide hospitali-
zation for county officials and employees.
The situation here is somewhat analogous to the one
facing the San Antonio Court of Civil Appeals in Dancy,
County Judge, et al v. Davidson, 183 S.W. 2d 195 (Tex. Civ.
App. 1944, writ ref.). The problem facing the Court there
was whether the Commissioners Court could purchase buildings
to office county agencies other than in the county seat.
Article 2351, Vernon's Civil Statutes, provides that the
Commissioners Court shall:
S . . 7. Provide and keep in repair
court nouses, jails and other necessary
buildings."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-731, text, November 17, 1959; (https://texashistory.unt.edu/ark:/67531/metapth267343/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.