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eXpendit

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Expenditures Related to State Officers and Employees
Damage or Destruction of Employee’s Personal Property

Generally, a state agency may pay to repair or replace the personal property of a state employee if:

  • The property was damaged or destroyed while the employee was working for the agency.
  • The damage or destruction was not caused by an intentional or negligent act of the employee.
  • The damage or destruction is attributable to the agency, either because the agency caused the damage or destruction or because an employee of the agency caused the damage or destruction while properly performing the employee’s duties for the agency.
  • The agency has specific or implied statutory authority for the expenditure, and has an appropriation for the expenditure.

Sources [+]

Texas Constitution Article III, Sections 44, 51; Article VIII, Sections 3, 6; Article XVI, Section 6(a).

Payment for employee medical expenses

A state agency, with specific appropriation authority, may pay for drugs, and medical, hospital and laboratory expenses of an employee who is injured or killed while performing official state business, or whose duties require him/her to be exposed to unavoidable dangers. In addition, a state agency may pay for the repair or replacement of employees’ medically-related personal property, such as eyeglasses.

The following agencies have a specific appropriation to use funds to pay for drugs, and medical, hospital, laboratory and funeral expenses:

  • The Department of State Health Services and the Department of Aging and Disability Services (limited to $500 per employee per incident for the repair or replacement of medically prescribed equipment that is damaged or destroyed in the course and scope of employment)
  • The Texas Juvenile Justice Department (TJJD) (limited to paying necessary medical expenses, including the cost of broken eyeglasses and other health aids)
  • The Texas School for the Blind and Visually Impaired (limited to medically prescribed equipment such as eyeglasses and a hearing aid)
  • The Texas School for the Deaf (limited to medically prescribed equipment such as eyeglasses and a hearing aid)
  • The Department of Public Safety

See also: Funeral Expenses.

Sources [+]

Texas Government Code, Section 659.061; Opinion of the Texas Attorney General No. C-706 (1966); Article II, Section 3 of the General Appropriations Act (Special Provisions Relating to All Health and Human Services Agencies); Rider 12 in the appropriations to the Department of Public Safety in the General Appropriations Act; Rider 10 in the appropriations to the Texas Juvenile Justice Department in the General Appropriations Act; Rider 1 in the Special Provisions for the Texas School for the Blind and Visually Impaired and Texas School for the Deaf in Article III of the General Appropriations Act.

Documentation Requirements [+]

A state agency must retain documentation in its files showing how the requirements described in this section have been satisfied.