James Vandevender v. Honorable G. Mitch Woods, in His Official Capacity as Sheriff of Jefferson County, Texas and Jefferson County, Texas ( 2005 )

In The Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-477 CV ____________________

JAMES VANDEVENDER, Appellant

V.

HONORABLE G. MITCH WOODS, IN HIS OFFICIAL CAPACITY AS SHERIFF OF JEFFERSON COUNTY, TEXAS AND JEFFERSON COUNTY, TEXAS, Appellees

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On Appeal from the 58^th District Court Jefferson County, Texas Trial Court No. A-167,686

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MEMORANDUM OPINION

Appellant, James VanDevender, filed a declaratory judgment action, in which he alleged appellees failed to continue to pay his full salary after he sustained an on-the-job injury while employed as a deputy sheriff. See Tex. Const. art. III, § 52e (Vernon 1997). VanDevender sought a judgment declaring appellees were to pay his full salary until he returned to work, fully recovered, or through December 31, 2004, whichever occurred first. VanDevender sought all salary and associated benefits pursuant to article III, section 52e of the Texas Constitution. Id.

After a bench trial, the trial court entered judgment that VanDevender take nothing. The trial court filed findings of fact and conclusions of law. The court found the evidence neither proved nor disproved VanDevender's current disability was caused by the on-the-job injury, VanDevender was paid the constitutional benefit to which he was entitled, and VanDevender's entitlement to constitutional benefits ended on December 31, 2000, concurrently with the end of Sheriff Woods's term. ⁽¹⁾

VanDevender says the trial court misinterpreted article III, section 52e of the Texas Constitution. See Tex. Const. art. III, § 52e (Vernon 1997). We review the trial court's conclusions of law de novo. Johnston v. McKinney Am., Inc., 9 S.W.3d 271, 277 (Tex. App.--Houston [14^th Dist.] 1999, pet. denied). Article III, section 52e of the Texas Constitution provides as follows:

Each county in the State of Texas is hereby authorized to pay all medical expenses, all doctor bills and all hospital bills for Sheriffs, Deputy Sheriffs, Constables, Deputy Constables and other county and precinct law enforcement officials who are injured in the course of their official duties; providing that while said Sheriff, Deputy Sheriff, Constable, Deputy Constable or other county or precinct law enforcement official is hospitalized or incapacitated that the county shall continue to pay his maximum salary; providing, however, that said payment of salary shall cease on the expiration of the term of office to which such official was elected or appointed. Provided, however, that no provision contained herein shall be construed to amend, modify, repeal or nullify Article 16, Section 31, of the Constitution of the State of Texas. [emphasis added]  

When interpreting the Texas Constitution, courts presume its language was carefully selected and construe its words as they are generally understood. Spradlin v. Jim Walter Homes, Inc., 34 S.W.3d 578, 580 (Tex. 2000) (citing City of Beaumont v. Bouillion, 896 S.W.2d 143, 148 (Tex. 1995)). Courts "rely heavily on the plain language of the Constitution's literal text." Id. (citing Republican Party v. Dietz, 940 S.W.2d 86, 89 (Tex. 1997)). Effect is to be given to all phrases of a constitutional provision. See In Interest of McLean, 725 S.W.2d 696, 697-98 (Tex. 1987)).

The parties stipulated VanDevender was acting in the course and scope of his employment when he was injured on April 11, 2000. ⁽²⁾ He returned to work on August 14, 2000. The parties stipulated Sheriff Woods's term ended on December 31, 2000. In November of 2000, Sheriff Woods was elected to another four-year term, which began on January 1, 2001. VanDevender was redeputized and he suffered another period of disability beginning March 2, 2001. He testified this second period of disability was caused by the injury of April 11, 2000.

A deputy sheriff's term expires when the sheriff's term expires. Samaniego v. Arguelles, 737 S.W.2d 88, 90 (Tex. App.--El Paso 1987, no writ). Article III, section 52e expressly states the authorized payment of salary for an on-the-job injury is to cease on the expiration of the term of office to which the official was elected or appointed. Tex. Const. art. III, § 52e (Vernon 1997). In Samaniego, the court explained "[t]he recovery of working capacity or the consequent expiration of the coincident term of the sheriff, whichever comes first, would proscribe the deputy's claim." Samaniego, 737 S.W.2d at 90.

VanDevender would have the payment of his salary continue in a second term during which the disability continued even though he did not suffer an injury in the second term. Under this interpretation, salary payments would continue as long as the incapacity continued. This interpretation would give effect only to the "incapacity" portion of the provision. However, the constitutional provision also limits the salary continuation to the term in which the injury occurred; the provision uses the word "term", not "terms", to describe the limitation. To construe the provision as VanDevender asks would fail to give effect to the plain meaning of the clause requiring the salary payment for an injury cease on the expiration of the term of office to which the official was elected or appointed. As the court noted in County of El Paso v. Hill, 754 S.W.2d 267, 268 (Tex. App.--El Paso 1988, writ denied), "[t]he time of the injury in relation to the remaining days of the term can produce unequal recovery on the part of different deputy beneficiaries." Nevertheless, entitlement to salary continuation ceases at the end of the term or the date of recovery, "whichever comes first." See id.

The trial court did not err in construing Article III, section 52e. See Tex. Const. art. III, § 52e (Vernon 1997). VanDevender's third issue is overruled. We need not address issues one and two, because of this resolution of issue three. The judgment of the trial court is affirmed.

AFFIRMED.

DAVID GAULTNEY

Justice

Submitted on May 6, 2005

Opinion Delivered July 14, 2005

Before Gaultney, Kreger and Horton, JJ.

1. VanDevender does not dispute the trial court's finding of fact that he was paid his constitutional benefits from the date of his injury through December 31, 2000. His entitlement to workers' compensation benefits is not at issue in this case.

2. VanDevender denied any other on-the-job injury occurred.