The Attorney General of Texas
August 5, 1980
MARK WHITE
Attorney General
Honorable George N. Rodriguei Opinion No. MW-218
Bl Paso County Attorney
Courthouse Re: Responsibility for transporta-
El Paso, Texas tion of prisoners to the Texas
Department of Corrections
Dear Mr. Rodriguez:
You have requested our opinion regard@ responsibility for the cost of
transporting prisoners to the Texas Department of Corrections. Article
6166r, V.T.C.S., provides:
The manager [now the Director of the Department
of Correctionslshall make suitable provision and
regulations for the safe and speedy transportation of
prisoners from counties where sentenced to the State
penitentiary by the sheriffs of such respective
counties if such sheriffs are willing to perform such
services as cheaolv as said commission can have it
done otherwise. bhd transportation shaB be on State
account and. in no instance shall the prisoners be
carried direct ftom the county jails to the State
farm, but shall first be carried- to the receivitlg
station as designated by the Prison Board [now Board
of Corrections] where the character of labor which
each prisoner may reasonably perform shall be deter-
mined. Upon the arrival of each prisoner at such
receivin8 station, the manager shall cause a state-
ment to be made by the prisoner, givim~ a brief
history of his life, and showing where he has resided,
the names and post-office addresses of his immediate
relatives, and such other facts as will tend to show
his past habits and character; and the manager shall,
by correspondence, or otherwise verify or disprove
such statements, if practicable, Andyshall preserve
the record and information SD obtained for future
reference.
(Emphasis added).
P. 696
,
Honorable George N. Rodriguez - Page TWO (NW-218)
In Attorney General Opinion WW-651(1959), this office said that article 6166r:
places the primary duty of transporting State prisoners from the
various counties where held to the State Penitentiary upon the
Texas Department of Corrections.
The statute permits the director of the Department of Corrections to contract with
the sheriff for the purpose of transporting its prisoners, but, when such an agreement
is in effect,
it is up to the Prison System to pay him such compensation as
was agreed upon between the parties.
Attorney General Opinion O-1808 (1940). See also, Attorney General Opinion O-724
(1939). We conclude therefore that the Texas Department of Corrections is responsible
for the agreed cost of transporting prisoners from a county to a facility of the
Department.
SUMMARY
The Texas Department of Corrections is responsible for the
agreed cost of transporting prisoners from a county to a facility
of the Department.
velYtr~.s
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
C. Robert Heath, Chairman
Jim Allison
Jon Bible
Gerald Carruth
Walter Davis
Susan Garrison
Rick Gilpin
Bruce Youngblood
p. 697
Untitled Texas Attorney General Opinion
Combined Opinion