The Attorney General of Texas
May 6, 1982
MARK WHITE
Attorney General
Honorable Reynaldo S. Cantu, Jr. Opinion No. W-465
Supreme Court Building Criminal District Attorney
P. 0. Box 12546
Austin, TX. 76711. 2548
Cameron County Hall of Justice Re: Compensation of county
5121475-2501 974 E. Harrison Street for transporting prisoners to
Telex 9101674-1367 Brownsville, Texas 78520 Texas Department of Corrections
Telecopier 51214750266
Dear Mr. Cantu:
1607 Main St., Suite 1400
Dallas. TX. 752014709 You ask whether a contract can be entered into between the Texas
2141742.6944 Department of Corrections and Cameron County which would allow the
county sheriff to be compensated on a "credit barter system" for
expenses incurred in the transportation of prisoners from Cameron
4624 Alberta Ave.. Suite 160
County to the state penitentiary. This would allow the sheriff of
El Paso. TX. 79905.2793
9151533-3464 Cameron County to purchase items' of personal property that are
manufactured by the Texas Department of Corrections, and payment would
be credited by the amount of costs incurred by the sheriff in
1220 Dallas Ave., Suite 202
transporting prisoners.
Hou~to”. TX. 77002.6966
7131650-0666
Article 6166r. V.T.C.S.. deals with the transportation of
prisoners and costs incurred, and provides as follows:
006 Broadway, Suite 312
Lubbock. TX. 79401.3479
The manager [now the Director of the Department
6061747.5236
of Corrections] shall make suitable provision and
regulations for the safe and speedy transportation
4309 N. Tenth. Suite 6 of prisoners from counties where sentenced to the
McAlle”. TX. 76501-1665 State penitentiary by the sheriffs of such
5121662.4547 respective counties if such sheriffs are willing
to perform such services as cheaply as said
200 Main Plaza. Suite 400 commissio" can have it done otherwise. Said
San Antonio, TX. 76205.2797 transportation shall be on State account....
5121225-4191 (Emphasis added).
An Equal Opportunity/
The statute indicates clearly and unambiguously the source of payment.
Affirmative Action Employer
In Attorney General Opinion MW-218 (1980). this office concluded
that:
the Texas Department of Corrections Is responsible
for the agreed cost of transporting prisoners from
a county to a facility of the Department.
(Emphasis added).
p. 1623
Honorable Reynaldo S. Cantu, Jr. - Page 2 (!fW-465)
Attorney General Opinion O-1808 (1940). in referring to article
6166r. V.T.C.S.. stated:
Under this statute he [the Director of the
Department of Corrections] would have the
authority to employ the sheriff of a county in
which a person was convicted to transport such
person to the penitentiary after his conviction
upon such terms and for such compensation as was
reasonable, and at the same time agreeable to said
manager and to the sheriff so employed.
The question is whether the “terms” and “compensation” agreed upon
between the Texas Department of Corrections and Cameron County can
include a contract providing for a “credit barter system” as a means
of compensation.
In order to resolve this question, we must look to article 6203c,
section 9(l), V.T.C.S., which provides for the disposition of monies
collected in the sale of prison-made products:
All monies collected by the Texas Department of
Corrections from the sale or disposition of
articles and products manufactured or produced by
prison labor in accordance with the provisions of
this Act, shall be forthwith deposited withy the
State Treasurer to be kept and maintained in the
industrial revolving fund authorized by this Act,
and such monies so collected and deposited shall
be used solely for the purchase of raw materials,
manufacturing supplies, equipment, machinery and
buildings used to carry out the purposes of this
Act, to otherwise defray the necessary expenses
Gident thereto, including the employment of such
necessary supervisory personnel as is unavailable
in the prison inmate population, all of which
shall be subject to the approval of the Texas
Board of Corrections.... (Emphasis added).
This section estsblishes an industrial fund which is
self-supporting; the diversion of articles or products in exchange for
compensation other than cash would eventually deplete the source
available for the purchase of raw materials, etc. This is contrary to
the expressed legislative mandate. In addition, by using the phrase
“all monies collected,” the legislature eliminated any other method of
payment. The applicable rule of statutory construction is that the
expression of one is the exclusion of another. Ex parte McIver, 586
S.W.2d 851, 856 (Tex. Grim. App. 1979).
p. 1624
. . Honorable Reynaldo S. Cant", Jr. - Page 3 (Fw-465)
The transfer of articles and products to the counties is
equivalent to withdrawing money from the industrial fund. It is our
conclusion that compensation for the transportation of prisoners to
the state facility was not a contemplated use for the monies deposited
with the industrial revolving fund. Pursuant to article 6203c,
section 9(l). all monies collected from the sale or disposition of
prison-made goods must be deposited in the industrial revolving fund,
and "used solely for the purchase of raw materials," etc.
We note, however, that it might be possible for sheriffs to be
reimbursed pursuant to article 4351b, V.T.C.S., the Miscellaneous
Claims Act, as budgeted to the Comptroller of Public Accounts.
General Appropriations Act, Acts 1981, 67th Leg., ch. 875, art. I, at
3383.
SUMMARY
Under article 6166r, V.T.C.S., the authority
given to the director of the Texas Department of
Corrections to provide for the transportation of
prisoners to the state facility does not include
the discretion to contract on a "credit barter
system" with the county that performs such
services.
=+
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Patricia Hinojosa &
Ann Kraatz
Assistant Attorneys General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Rick Gilpin
Patricia Hinojosa
Ann Kraatz
Jim Moellinger
p. 1625