Case Information

*1 The Attorney General of Texas July 10, 1980

MARK WHITE

Attorney General

Honorable II. S. Harris, Jr. Opinion No. NW-210 Chairman

Texas Industrial Accident Board Re: Whether MWMR Community L.B.J. Building Centers are covered for workers Austin, Texas ‘787ll compensation under article 8309g or 8309h Dear Mr. Harris:

You have requested our opinion regard@ the construction of an amendment to section 3.01 of article 5547-203, V.T.C.S. The statute was amended in the 66th Legislature by adding s&section (cl, which provides: A community center is an sgency of the state and a unit of government as &fined by Section 2, Texas Tort Claims Act (article 6252-19, Vernon’s Texas Civil Statutes).

You ask whether the amendment changes the workers compensation of mental health and mental retardation centers from article coverage 8309h to article 8309g, V.T.C.S. Subsection (cl &es not relate to workers compensation coverage. Its purpcee is limited by the caption of the bill to indicating “the status as a state agency and the tort liability of a community mental health and mental retardation center.” H.B. 1989, Acts 1979, 66th Leg., ch. 797, at 2028. Nothing contained in the definition of “unit of government” in section 2(l) of article 6252-19, V.T.C.S., would preclude such a center from continuing to be classified as a “political s&division” for purposes of article 8309h, V.T.C.S. Furthermore, in article 5547-203, section 3.08, V.T.C.S., the bcerds of trustees of community centers are specifically authorized to provide workmen’s compensation benefits. We believe the benefits provided by the local board would be under article 8309h, V.T.C.S. In our opinion, therefore, section 3.01(c) &es not affect the workers compensation coverage of mental health and mental retardation centers. See Attorney General Opinion H-291 - (1974).

P. 674

Honorable H. S. Harris, Jr. - Page Two (Nw-210)

SUMMARY

The addition of section 3.01(c) to article 5547-203, V.T.C.S., does not affect the workers compensation coverage of mental health and mental retardation centers.

MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

TED L. HARTLEY

Executive Assistant Attorney General

Prepared by Rick Gilpin

Assistant Attorney General

APPROVED:

OPINION COMMlTTEE

C. Robert Heath, Chairman

Diane Cox

Susan Garrison

Rick Gilpin

Bruce Youngblood

P. 675