Untitled Texas Attorney General Opinion ( 1970 )

TIXE ATTOIUNF.Y GENERAL OF TltcXAS Coordinating Board Opinion No. M- 611 Texas College and University System Sam Houston State Office Building Re: Meaning of Section Aus tin, Texas 76701 19A of the Texas Tort Act relative to the liability of public junior col- Gentlemen: lege districts. Your recent let er requests our opinion relative to the Texas Tort Claims Act 1 (codified by Vernon as Art. 6252-19, V.C.S.) in answer to I . . . whether Section 19A which makes this Act applicable to school districts only as concerns motor vehicles, also serves to limit the liability of public junior college ait3tricts?- Section 19A of the Act reads: "Sec. 19A. The provisiona of this A& shall not apply to school districts except as to motor vehicles." Other parts of the Act, in their relevant portions, read as follows: "Sec. 2. The following words and phrases as used in this Act unless a dif- ferent meaning is plainly required by the context shall have the following meanings: "(1) 'Unit of government' or 'units of government' shall mean the State of Texas and all of the several agencies of government which collectively constitute the government of the State of Texas, specifically including, but not herein referred to as the Act. -2919- Coordinating Board, page 2 (M-611 ) to the exclusion of, other agencies bearing dif- ferent designations.,all departments, bureaus, boards, commissions, offices, agencies, councils, and courts: all wlitical subdivisions. all cities, co&ties; school districts,,_.. . and -Juniorcollege districts; and all institutions, agencies and organs of government whose status ana authority ii'derived'either from the"konsti- tution of the State of Texas or from laws passed by the Legislature pursuant to such Constitution. Provided, however, no new unit or units of govern- ment are hereby created." (Emphasis added.) "Sec. 3. Each unit of government in the state shall be liable for money damages per personal injuries or death when proximately caused by the negligence or wrongful act or omission of any officer or employee acting within the scope of his employment or office arising from the operation or,use of a motor- arlven vehicle an&motor-driven equipment -.t.: -yn$+r..drgmen+nces where ..._.. suc$+qfficer _.. _ ..~ or employee would be persona$ly.l$able to the claimant in accordance with the law of this state, or death or personal injuries so caused from some condition or some use of tangible property, real or personal, under t&_cunstatices whege-euch,.uqit _. of g?vqq+$, if a private person, would be liable to.th& claimant in accordance with the law of this state. Such liability is subject to the exceptions con- tained herein, and it shall not extend to punitive or exemplary damages. . . .I (Emph+sis addea . 1 We are aware of the holding in Shepherd v. San Jacinto Junior College District, 363 S.W.Zd 342 (Tex.Sup. 1963), re- garding the identity of school districts and junior college distrikts as regards taxing authority under Aiticle VII, - Section 3, Texas Constitution. However, the Texas Tort Claims Act specifically requires a liberal con&ucti& (6ec. 13) and the terms of the Act leave us no choice but to conclude that Section 19A does not apply to junior college districts. -2920- coordinating Board, page 3 (M- 631) You are therefore advised that it is the opinion of this office that a junior college district is exposed to the full liability imposed by the Texas Tort Claims Act. SUMMARY Section 19A of the Texas Tort Claims Act provides that the Act shall not apply to school districts except as to motor vehicles. However, this Section does not limit the liability~of public junior college districts. General of Texas Prepared by Ben M. Harrison Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Malcolm Quick Houghton Brownlee Roger Tyler Louis Neumann Robert Smith MEADE F. GRIFFIN Staff Legal Assistant .ALFREDL. WALKBR Executive Assistant NOLA WHITE First Asdstant -2921-