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ney General of Texas <br />.It <br />May 18, 1982 - • <br />y Generil <br />Honor -able Henry Wade Opinion No. )19-473 <br />C^•_n Building <br />Criminal District Attorney <br />1`'41' <br />BT»• 25�b <br />Third Floor, Services Building. Re., Authority of the com- <br />a� . <br />- Dallas, Texas •. 75202raissioners court to initiate <br />1374.1367 ' <br />a plan to :pay group health <br />' 51214730255 <br />clains without purchasing a. <br />• group insurance policy <br />752C:47=�9 <br />Dear' 11r. Wade: <br />u <br />You ask several questions. concerning the authority of the Dallas <br />' <br />County Cor--tissioners Court to establish a group insurance prograr for <br />.a Ave.. Suite 160 <br />X.79=�•2793 <br />count ea 10 ees and their dependents without purchasing a row <br />y p y P P 8 group <br />3 <br />insurance policy from an insurance company. <br />A commissioners court may exezcise only such powers as the. <br />suite 232 <br />constitution or statutes have on specificallyP <br />conferred u them or <br />Y_ aC2.69bb <br />�S <br />� <br />which may • reasonably be implied from express powers. Canales v. <br />Laughlin, 214 S.W.2d 451 (Tex. 1948); Renfro v. Shropshire, 566 S.k'.2d <br />688 (Tex, Civ. App. - Eastland 1978, writ ref'd n.r.e.). There is <br />gay, suite 312 <br />statutory authority for a commissioners court to adopt an insurance <br />X.79:01.3479 <br />plan to provide hospitalization insurance for county officials and <br />employees. V.T.C.S. art. 2372h-2. Further authority is also found in <br />the Texas insurance Code in articles 3.51 and 3.51-2. However, these <br />.:n,sWtee <br />statutes do not authorize the implementation of a plan to provide <br />ti 7c-0:•16115 <br />; self-insurance or to provide group insurance that would• be in <br />7. <br />contravention of the Texas Insurance Code. <br />aza, suite 400 <br />You are specifically concerned with whether there is authority <br />o,'Tx. 78205.2797 <br />for such a plan to be self -funded by the county, rather than through <br />j <br />the purchase'of insurance from•an insurance company. We have found <br />only one statutory provision' that would empower a commissioners court <br />purtunity! <br />to do this. A commissioners court of a county having a population of <br />.action Employer <br />500,000 or more is authorized to adopt ' rules and regulations to <br />establish a hospital and insurance fund for county employees as ,a part <br />of their employment contract. V.T.C.S. art. 2372h, 4z. Claims are to - <br />b:. cc-sistin o cf ccrtributions by employees and- the <br />county. Benefits received under the plan are considered part of the <br />e-mployee•s.compensation. ,However, you indicate that you intend to <br />• <br />have dependents covered under the same proposal, ana'we find nothing <br />in article 2372h that would permit such dependents to come within the <br />