GENERAL
AUSTIN. TEXAS 78711
Deoember 13, 1965
Honorable Adolph F. Spltta Opinion No. C-567
County Attorney
Kendall County Re: Whether the sheriff of Ken-
Boerhe, Texas da11 County has t,he exclu-
sive right of furnishing
me+ to his prisoners and
Dear Xr. Spitta: related questions.
You have reoently requested awopinion from this of-
tlO0, your inquiry being as follows:
“The $heriff of Ken&all County prepares,
with the arslstance of his wife, me&I8 for
the prisoners in his jail. The County repBIt&
burses the Sheriff the sum of 75+! per meal’,
so furnished upon the Sheriff $lvlng a sworn
aooount at the end of each month. The res-
taurants and o&em, in thin qrea, have pro-
tested suoh aotlon, malntalpS.xg that the
Sheriff rhould take bids, or at any rate give
eaoh buelnerr a pro Fata share of Surnlshing
the meal6 to said prisoners.
"Your opinion Is respeotfully reqF*sted
oonoernlng the following points:
“a. Does the Sheriff of Kendall Coianty
have the exclusive right of furnishing meals
to his prlaoners?
“b. Ii the Sber2ff of Kendall County etn-
ploya his wife to prepare raid meals aoea that
ootutitute a violation of the Texas Wepotien
La*?
“0. Doee the Sheriff of Kendall COuntf
have to make an aoourate report ha to the oost
of the meals prepared by his wife, or is It
merely necessary for him to report the number
of meals to be reimbursed in the amount of 754
pcrerp, +r, agreed by the COnaPi88lOne~‘E
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Honorable Adolph F. Spltta, page 2 (C-567)
“a. Is It necessary for the wlfe of the
Sheriff of Kendall County to have a health "
card by virtue of being the supplier and pre-
parer of said meals of prisoners?"
In answer to your first question, you am, advised that.
the Sheriff of Kendall County has the exoluslve right of oper-
ating the jail kitchen and furnishing meals to prisoners.
Wlohlta County,vt Vanoe, 217 S.W.2d 702 (Te~.ci~.App., error
r 1949) . Att orney (tenercil’q Op*nlon Ho. v-1232 (1951).
~liem&e~herlff'mlght legltlmately oontr&ict with cafes te
furnish meals to prisoners properly ‘aooounting for expendl-
tures to the Commissioners Court, (Attorney Qeneral's Opinion.
Wo. V-1232, supra), he Is under no duty or obligation to con-
tract with any cafe to furnlsh'meals or to take bids from the.~
cafes If he decides to use'thelr servloes In feeding those ln-
carcerated In the Kendall County jail.
As lndloated, the answer to your first question Is In
the afflnnatlve.
With regard to your remaining questions, Seotion 61 of
Article 16 of the Constltutlon of the State of Texas has made
It mandatory since 1949 that all sheriffs be compensated on a
salary basis. 'It has been uniformly held that where a sher-
iff la oompensated on a salary basis that the Commlsnloners
Court may only allow the sheriff the actual expenses lnourred
by him in feeding prisoners In his oustody and oannot allow '~.
the sheriff any speolflc sum for the boarding of prisoners. At-
torney General's Opinion No. V-1232, aupra. Accordingly, the.,
arrangement between the sheriff and the Kendall County Commis-
sioners Court, whereby the sheriff 1s reimbursed the sum of
~$#1~~ meal for each prisoner fed, would be in contravention
.
With regard to your second question, although the aher-
lff 1s authorized to recover from the Commlssloners Court the
aotual expenses lnourred In the feeding of prlsoners, any fee
or any oompenaatlon paid to his wife for,the preparation of
euch meals would not be allowable because her employment would
be a violation of the Nepotism laws of the State of Texas
whloh forbid an offloer of a county to employ any person re-.
lated to him within the second degree of affinity. This of-
floe, In Opinion No. V-359 (1947) held as follows:
"The sheriff 1s an offloer of the ooun-
ty and his wife Is related to him 'within
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Honorable Adolph F. Spltta, Page 3 (C-567)
the seoand degree by afflnlty.1 ,See At-
torney QeneralVe Oplnlons NOB. O-31 and
o-4973. It 1s therefore our opinion that
the sheriff ie prohibited by the plain
provisions of Article 432, V.P.C., from
his rife an a cook for such
$!#%a ft is our further opinion
that the oounty z&rUt’or. le ‘not author-
ized to approve for payment any claim of
the sherlff~e wife for such services.”
In anewer to your third queetlon, you ati referret ~to
0~ a3 .souselons above. The aherlff la only entitled to re-
cover the actual expenses’ for feeding prleonera In hla ouatody
end oare and he muet accurately report all euoh expendlturer
in order to receive such reimbursement. Any compensatloq paid
to his wife would not be properly allowable ae an expense of
the feeding of the Inmates of the jail.
,,The dlsousslone oonoernlng your flrst,three questions
make an anewer to the fourth que8tlon, “Should the wife of the
sheriff have a health oard,” unnecessary. However, we do not-,-
mean to say that a wife oannot assist the eheriff %ti the prep-
aration and serving of ,meala, but there a’an be no oompeneatlon
to her for any labor bhe::performa. If she .-does render yo$un-
tary and gratis eervloee in the feeding of prisoners, we are
of the opinion that it would not be neoessary that nho have a
health aard. There is no universal- requirement under the laws
of.the State of Texaa that food handlers have a sanitary h,ealth
card; rather, Section 6 of Article 7058, Vernontw Penal Code
of Texas, confer8 on oltles the power to adopt ordfnances whioh
require the obtaining of a health aard a8 a prerequllslte to
the handling of foods. However, even if the munlolpallty in
which your jail la’located has such an ordlnanoe, it Is our
view that the county jail does not come within the definition
of a pub110 eating plaoe 81) defined by Section 1 of Artlole
7054.
SUMMARY
.The Sheriff of Kendall County haa the
exoluslve right to furnish meals to hla
prisonera. mployment of the sherlffls
wife to prepare the food for prlaonerz
would be In violation of the Nepotism Laws.
di sheriff Is only entitl&a to recover the
aotual expenbes for feeding prisoners in
his custody and care and he muet accurately
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..
-. .
Honorable Adolph F. Spltta, Page 4 (C-567)
report all suoh expenditures in order to
receive reimbursement. It Is unnecessary
for the person who prepares meals for the
prisoners to have a health Oard.
Very truly yours,
QJP/at/br
APPFtOVEDr
OPINION COM4I!L"FEE
W. V. Qeppert, Chairman
Edifard R. mffett
Sam L. Kelley
Tom Routt
W. 0. Shultz
APPROVEDFOR THE ATTORWEX
QE%l?ZRAt
By: T. B. Wright
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