With reference to your Puestion we call your attention to 0~3 opinions Boa. O-n9 and o-2136. Opinlou Bo. O-779 holds that;

"It is not the duty of the county or of the road precinct to carry employer's liability insurance for the protection of road worhmen of the county." Opinion No. O-2136 deals with the question of whether or not the Com- missioners ' court has the right and authority to pay a claim for damages resulting from the death of an employee of the county in a collision while on his way to work for the county. The opinion holds that the I I__..~ commissioners' court cannot legally pay the claim.

We are enclosing copies of the above mentioned opinions for your convenience. We quote in part from the case of Bryan vs. Liberty County, 299 SW303-4 as follows:

" . . . .It has long been the law of Texas that a county is not liable in damages for personal injuries sustained by one in consequence of the tortioua or negligent acts of its agents, servants and employees unless such lfability be created by statute, either in express terms or by implication. Heigel vs. Wichita County, 84 Tex. 39, 19 SW 562, 31 Am. St. Rep. 63; Walton ~5~ Travis County, 5 Tex. Civ. App. 525, 24 SW 352; Crause vs. Harris County, 19 Tex. Civ. App. 375, 44 SW 616; Riley vs. Coleman County (Tex. Civ. App.) 181 SW 743;, Har$:vs. Hafris County [Tex. Civ. ApP.)?44~~SW 1103:~Harris County vs. Darhart, 115 Tex. 449, 283 gf 139. Au these ~, authorities sustain the counter'proposition advanced by the *2 Honorable Frank Wright, Page #2 (O-2473)

defendant here that a county is not liable in damages for personal injuries negligently inflicted by the county'6 agents, servants and employees, in the absence of a statute creating such liability in express term or by implication.* There is no statute creating such liability in express terms or by implication, making the county liable for personal injuries of road hands received while employed by the county.

In view of the foregoing authorities, your question is respectfully answered in the negative.

Trusting that the foregoing fully answers your inquiry, we are

Very truly yours ATPORHEP GEXEFiALOFTEXAS a/ Ardall Williama BY Ardall Williams Assistant AW:AW-ldw

APPROVED ~08 27, 1940

s/ WALD c. MANN ATTORNEX GE3ERALOF TEXAS

APPROVED OPINION COMMITTEE

BY B, W. B.

CHAIRMAW