Case Information
*1 TISEATTORNEUGENERAL OFTEXAS AUSTIN m.TwAs PRICE DANIEL ATTORNEY Gl?NERAL January 28, 1948
Hon. E. G. Garveg Opinion No. V-487 County Auditor
Bexar County Re: Authorltg~ of the Commlssioner's San Antonio, Texas Court to allow the formation
of a group life insurance plan for county employees and to authorize to make salary deductions land act as trustee of the preml- urns for such a group plan.
Dear Sir:
We refer to your recent letter to this Department in which you ask the following questions:
?Jnder the provisions of House Bill No. 420, may, I, as County AudLtor, col- lect and pay premiums on a group plan organized under the provisions there- of by county employees by deducting premiums therefor from the various pay-rolls?"
Section 1 of H. B. 420, Acts of the 50th Leg., R. S., 1947, is in part as follows:
"'Section 1. No policy of group life Insurance shall be delivered in this State unless it conforms to one of the following descrlptlons:. . .
"'(3) A policy issued to an indepen- dent school aistrlct, incor+porated city, town or village which has assumed control of the public school system within such municipality, State colleges or universi- ties, any association of State employees, any association of State and Counts em- ployees; any~department of the State Gov- ernment, which employer or association shall be deemed the pollcyholder, in- sure the employees of any such independent school district and of the public school *2 (V-487) system of any such municipality, of any such State colleges and universities, of any such department of the State Govern- ment, members of any association of State employees, and members~of an? association of State and County emulosees for the bene- fit of persons other than the policyholder subject to the following requirements: .I’ (Emphasis added)
We are of the opinion that H. B. 420, supra, does not apply to an association of county employees, since there Is nothing In the context to Fndlcate such an intent on the part of the Legislature. To give this effect to the bill we would either have to strike out the words “State Andy” orcbn- strue the word “and” to mean “or”. As to the first alterna- tive, we see no reason therefor, nor do we believe the courts would delete those words from the bill in order to bring coun- ty employees within Its provisions, considering the context of the entire Act. With reference to the second alternative, we realize that the courts have sometimes said that the words “and” and “or” are interchangeable and that one may be substituted for the otherif to do so is consistent with leg- lslative intent. However, we find nothing in the context of the bill which evidences such legislative intent.
Since the Act does not provide for the formation of an association of county employees solely, and since it does not contain any provision authorizing
cbllect and pay premiums therefor from the county employees” salaries , you are respectfully advised that in the absence’ of such authority it is the opinion of this Department that the county auditor and pay premiums on such a group of said Act.
However, such county employees as may be members of ab association of State and County employees may be insured under of this Act. Nevertheless, there are no provl- slons In the Act whereby the county may pay any part of the premiums of the group policy.
Further, county employees may voluntarily band together as Individuals under ttieir inherent rights and secure bene- fits under the group plan, just the same as if they were ln- eluded in the bill, except there Is no provision for the to obtain this for them, nor has the county any right to withhold. any part of the employees’ wages, even with their consent.
We call your attention to H. B. 665, Acts of the 50th *3 ;’ - (‘J-W’)
Leg., R.S., which empowers county employees to combine for purpose of buying policies of group health, accident, and ac- cidental death insurance. We are enclosing a copy of our Opinion No. v-488, which construes of said Act,
SUMMARY The county auditor and pay~premiums for a group consisting of county employees on a group of H. B. 420, Acts of the 50th Leg., R. S., 1947.
Yours very truly ATTORNEY GENERAL OF TEXAS By s/Bruce Allen Bruce Allen Assistant BA:djm:mw:wc
APPROVED:
s/Price Daniel
ATTORNEY GENERAL