Texas Attorney General Opinion: WW-813 Page: 2 of 8
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Mr. Franklin L. Smith, page 2 (WW-813)
"A question has arisen concerning
the legality of the purchase of such lis
ability insurance by Nueces County, be-
cause, of course, the county ordinarily
is immune from liability for damages re-
sulting from its tortious acts. However,
in view of the fact that the operation of
this bridge would subject Nueces County
to the jurisdiction of the admiralty court,
it appears to me that the principle of
governmental immunity does not apply."
Regardless of the fact that Texas Courts have con-
sistently held that the State, a county, or any political
subdivision of the State, other than cities, are not li-
able for the tortious acts of its officers, agencies and
employees committed in the exercise of governmental func-
tions, and that there is a total and absolute absence of
liability on the part of the State or any of its subdivi-
sions for an action in tort, unless specifically provided
by statute, /Riller v. El Paso County, 156 S.W. 2d 1000;
Orndorff v. State, ex rel McNeal, 108 S.W. 2d 206 (Civ,
App. 1937, error ref.)J it is the opinion of this Depart-
ment that a county may be liable for its torts in a Court
of Admiralty where an Admiralty Court has Jurisdiction.
"Admiralty" as defined in 2 Corpus Juris Secundum 64,
Admiralty Law, Section I, Subsection -., is that branch or
department of jurisprudence which relates to and regulates
maritime property, affairs and transactions, whether civil
or criminal. In a more limited sense, it is the tribunal
exercising jurisdiction over maritime causes and administer-
ing the maritime law by a procedure peculiar to itself and
distinct from that followed by courts either of equity or of
common law. Another definition may be found in Lee v.Lickin
Valley Coal DiggerCo., 273 S.W. 542, 543.(Ky. 1925), from
which we quote:
"Admiralty is a tribunal exercising
jurisdiction over all maritime contracts,
torts, injuries or offenses, and extends
to navigable rivers, whether tidal or not,
in the United States. . . ."
In 2 Corpus Juris'Secundum.74, Admiralty Law3 Section
III, Subsection B (11), it states as follows:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-813, text, March 22, 1960; (https://texashistory.unt.edu/ark:/67531/metapth267425/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.