Untitled Texas Attorney General Opinion

The Attorney General of Texas April 28. 1986 JIM MAlTOX Attorney General Supreme Court BulldIng HonorableDale llama opinionNo. JM-487 P. 0. BOX 12549 Austln, TX. 78711-2548 JohnsonCountyAttorney 512,4752501 1st Floor, Courthouse KS: Liabilityof a county for the Telex 9101874-1387 Cleburne,Texas 76031 hospital expenses of county non- Telecopier 512t475-02S8 residentswho commit an offensein a differentcounty 714 Jackqon, Suite 700 Dallas. TX. 752G2-45oa Dear Mr. Banns: 21U742-9944 You have requestedour'opiaionregardingthe liabilityof Johnson County for the medical expensesincurredby two indigentprisonerswho 4824 Alberta Ave., Suite 180 El Paso, TX. 79905-2793 are not residentsof the county. The two prisonerswere injured by 915/533.34a4 law enforcementofficialsIn Hopkins County. You have also informed us that the two prisonerswere treatedat the FranklinCountyHospital in Mount Vernon and the Parkland Memorial Hospital in Dallas. They 1001 Texas. Suite 700 were transferred to the Johnson County Jail to await trial on Houston. TX. 77002.3111 aggravated kidnapping charges instituted by the Johnson County 7~3l223eaa5 District Attorney. Cne of the prisoners is a resident of Dallas County and the Dallas County Hospital District and the other is a SW Broadway. Suite 312 residentof TarrentCounty and the TarrantCountyHospitalDistrict. Lubbock. TX. 79401.3479 8081747.5235 As a preliminaryconsideration , the liabilityof a county for the care of Its Indigent sick and prisoners is now governadby article 4399 N. Tenth, Suite B 4430f, V.T.C.S., and article 104.002 of the Code of Criminal McAllen, TX. 785011885 Procedure. However,article443Sf. the IndigentHealth Care Treatment 512N2.4547 Act, provides that any health care assistance provided before September1, 1986. is governedby the law and practice "in effect at 2W Main Plus, Sulto 400 the time that assistance[was] provided." See Acts 1985, 69th Leg., Son Antonlo. TX. 78205-2797 1st C.S., ch. 1, S15, at 46, eff. Aug. 29.1985. Consequently,this 512/225.4191 act is inapplicableto your request. Article 104.002of the Code of CriminalProcedureis a recodification of severalproceduralstatutes, An Equal Opportunltyl including articles 1037 and 1040 of the code, which governed the AfflrmNlve Action Employer liability of a county for the care and treatment of indigent prisoners. =Code Grim. Proc. arts. 1037, 1040, zealed by Acts 1985. 69th leg., ch. 269, II. at 2324, eff. Sept. 1, 1985. This office has concludedin two prior opinionsthat the hospital districtof which the indigentprisonerIs a resident,rather than the county of incarceration, fs liable for the medical care and treatment of an indigentprisoner. See AttorneyGeneralOpinionsH-703 (1975); M-807 (1971). In.Attorney-cneralOpinionM-870 (1971).the Attorney p. 2228 HonorableDale Hauna - Page 2 (JIG487) General consideredthe liabilityof a county for the medical expenses of an Indigent prisoner whose residencewas in a hospital district which included the county. Although the prisoner was provided' services in a hospital located in a second hospital district, the opinionconcludedthat the district of the residenceof the indigent orisoner . . . is liable for the medical bills incurred in his treatment, notwithstandingthe fact that he was a prisonerin the custodyof the county sheriff, and further notwithstandingthe fact that he was treatedoutsidethe boundariesof that HospitalDistrict. (Emphasisadded). Id. at 5. The rationale for this conclusion was that repealed articles 1037 and 1040 of the Code of CriminalProceduremust yield to the express broad language in section 9 of article IX of the Texas Constitution. Sea Tex. Const. art. IX. 19; see also repealed Cede Grim. Proc. art8. 1037, 1040; Attorney General Opinion H-703 (1975). Thus, we can concludethat the hospitaldistrictsof the residecceof each of the two indigentprisonersare liable for the medicalbills. SUMMARY The liabilityof a county for the care of its indigent prisoners for medical bills incurred before September 1. 1985 is governed by fomsr articles 1037 and 1040 of the Code of Criminal Procedureand article IX, section 9 of the Texas Constitution. Ender those provisions, Dallas County Hospital District and the Tarrant County HospitalDistrict,rather than JohnsonCounty,are liable for the medical bills of 'their resident indigentprisonersincarceratedin JohnsonCounty. JIM MATTOX AttorneyGeneralof Texas JACKHIGHTOWRR First AssistantAttorneyGeneral MARY KELLER Attorney ExecutiveAsslstaht. General p. 2229 HonorableDale Hanna - Page 3 (JM-487) ROBERTGRAY SpecialAssistantAttorney General RICK GILPIN Cheirman, OpinionCommittee Preparedby Tony Guillory AssistantAttorney Genaral p. 2230