OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable ii. J, &ok&t
County Attorney
coma1county
IJew Braua+ela, Texas
pmti nn4 the oountiar ahall pay aama on PIlola aooount
or auah orfioer perTorn&ng ouch asmioe, showing in
detail the aatual upen6es lni~urred in the tranrporta-
tion, an4 again pr~vitiing r0r relmburssment.
. .---
j 308 .
Eon. A. J. Luckett, page 2
"Art. SlQ3, Texas Clvll Statutea, provides
that an orrloer who may ooavey the patient to the
asylum in acaordanue with ths provisions of the pre-
osding article shall be peid out or the funds OS the
asylum at the rate of lO# par lrlls eaoh for himself
and guard and pitient going, ar?d lO$ per tile oaoh
.gor himseli ana guard returning,
“You will note then $8 en obvlour oonrliot ah’
to whether the oounty or the asylum shsll bear the
transportatl on expense. Them ie aleo a oonrllct ae
to whether the orrioer ahall receive actual expenses
paourred in the tranaportat~lon or be paid lO$ per mile
eaoh for himseli and guard and patient going, and log
per tile eaoh for himself and guard returning.
.:.~.......‘~..” “.Tpe. qtiytionr ..ya ~WoyWf&$q + ,+q. +nswyed
aret
..*i. 10 the c+icer 3 be. paid bye the oouxity or
by the a%)rlui$ ;. :
.,,.
,-._,,/: ..~. . ‘. ..~ .- .,,‘.. ., %:’ ,.
v. shall the oiiloer. be -paid aotiial ~&g&ass ‘~~
lnourred only; .or ahali,‘hr be. pat& .et the rite of’ lO#
per m:l.e eaoh ror himaelr add..gtiard and patient. golng,
and lO# per rji1.e eaoh iOr hiameli and guard returning?
“I have been unable to find any deelrionr by
Texas Oourto oonstrulng these statutes, iYe have a
apeoiQio oaee pending before the Probati Court at this
tine, and would appreciate a ruling im8 your depsrt-
ment at your earliest oonvonienoe.”
Artiole 31930-1, Vernon’8 Annotated Texae Civil Statutes,
deals with the temporary eomltment or mentally 111 peraons to
state hospitals ior obaemation and/or trestamnt f’or a prlod
not to exoaed 90 days. The etatute wae enaoted in 1987 by the
43th Legislature or Texas. Seotion 3 of the act deelarert
wSea. 3. ‘&a county ehall provide traIWpOrts-
ticn to and rr0m the State hospital rGr suoh pereon
temporarily oordmltted to such hospltel by the County
Court, but the county ehall be reimbursed for such
expenses if the patient or relatives are tinanoially
able to pay suet expenaee. The oounty committing
such peraon to a :itatr hospital, aotlng through its
Eon. A. J. Luokett, pace 5
County Court, shall. provide all traneportation exe
pensee of returning the patieht from the State hoepi-
tal to the ooz&tting oounty within rive (5) days
after the hospital superintendent ch::ll have mailed
a notiou by registered mail to the oonjnitting
Cocnty Judge that the patient is to be released,
discharged, or furloughed. Said hoepitel oharges
for the maintenanoe and treatcent of suoh patient
shall be paid by suoh patient or such patient’e
rslatlvea, if they are ,finsnOially able to pay,
in such amounts and at such times a8 may be required
by the ,State Board .of Control in accordance with
the lawa cow in force or hereinafter enaoted relating
to.suoh oiurgea of persate oommltted to State hospl-
tals by jury trial. The cournitting oounty ak,all be
liable to the state for the board and treatment of
the person for all. the. time he reaain.e. in ‘tha State ‘1.
:. .. hospital. &fter mt@; .e+pfratIon :of the ~.fivWday~‘pbrIod’ ‘~‘:
after notioe shall have boen mailed to the County
Judge of said county as hereinbefore provided. The
‘.: County. Judge shell rurnish to thd~~.Stata &oard or. ‘.
c,ontic& .xii
-fin*c.iel: and .pro&rtj :stitement. or certi- .~ ..’ +.
t~icate o&cernin@,%hb properby ot said p&~&i, or
em ~yropertq cr euoh pcr8ont.s relative who mey be
liable for such pcrson*s support.”
Gpinion !TG+ O-3%4 of this Dapartnent holds, among other
things , .th.%t ir a eherifr transports a temvorrrily committed
person to the state hospital under Article 51930-1, Yernon’a
AzUIOteted Civil Statut88, end under proper -order ‘of the Court,
thexcheriff would be entitled to reoelve rrom the oounty hi8
aotual ezpensea inourred In the transportation of such person
to the state hospital. be enoloae herewith a copy of said
opinion for your inror~tlon.
Thle Department has repeatedly. held that a sheriff io
entitled to receive only actual 6rpeJWes incurred in WmVeyillg
a convicted lunatio to the aeylum aa authorized by krtiole 3194,
‘f. A. C. C, See the following opinionat
1. Opinion dated &reh 19, lQQ9, wrftten by D. D.
Cox, Jr., f.ssietsnt Attorney Ganeral,
2. Opinion dated June 7, 1937, writtea. by Eon. 3.
Orady Chandler, Assistant Attorney General,
3. Opinion dated January 30, 1933, written by Hon.
iloner C. De:colfs, hsaistsnt Attorney General,
Hon. “, 3. iualcett, pege 4
‘.
.4. Opinion daMJanuary 15; UNti writion by Hon.
Joe 3. AwI~, Hssiatant Attorney Gemsal.
The apgarsut couflict between Articles 3194 and 3195, V, A,
Ci ;.~is ez~lained in the opinion of this DeDartl;mnt dated
January’30, 1933, written by Lion. Eomer C. Daci’olfe, referred to
above. de qiote ~YJEIsaid opinion as follows:
*Xe to the apparent xxmfliot between Artiole
3194 and 3195, It is only necsesary to quote you
three articles trvm Vornonls 3ayles’ Texas Civil
Ltstutse oi 1314. whioh artioles read:
“Aft. 147. ‘3m expanse of aonv0ying to
tbbir homes public patients diaohsrged from
the aqlum, and the neosasary clothing fur-
nished to then at the time of ,theiT discharge,
L‘. ~‘.‘.,. tih&l’ ire .&@&by -the’ 6tatwrm.,...!_ i.. .. .,j,,.,,, ; ,.. ~. ,. :; i..
"Art. 148. it any person confined in
the aSylum,qhal$ .eecape therefrom, it ahall be.
:: ..,: ..~.‘:;, .t&'jdu$.y OC.?ny.ah?riqV o+- poaoe OPfioer to ap-
prehend an’&.detain hi&and to report the SaFa
to t~e.County J~&J .ot the County, and .also to
‘the.suparintendert or the asylum, and..qpon the.
order of either, to oonvey Such patient back to
the asylum.”
“Art. 149. dny orfioer who may oonvey a
patient ,to the asylum,~ in acaordanoe with the pro- “, , ,., .,,
visions of the preoeding artlola, stall be paid
tar such services out of the funds of the asylum,
at the rate of ten oente per mile for himeelf and
each neoessery guard he nsy amploy, going and
returning, and the same for the patient going,
tho dlstanoe to be determined by the superintendent,
aooordlng to the most dlreot traveled route,”
*Itwill be noted Worn a reading of the above
artioles that the plain legislative intent as to the
mileage to bs paid out of the fund8 of the asylum
was'to include only escaped &unatios returned to
the asylun? by the aherlff.
“The aodiflers aolrbined i~rtlcla 147 and Artfcle
149 into Article 3185, E.C.3. 1925, and designated
Hon. A. J. Luokett, Pega 5
Art1010 &rS as Art: 018 3198. l’hersroro, the refer-
en00 ia iW.iols 3196 to the provisions of *the pro-
oeding artiole’ refers to whst is now Artlole~3196.m
You are, therefore, respeotfully &vised that It .ie the
opinion of this Department that your questlonssh’ould be anew’ered
as followsr ,.~
“1. The orrioer should be paid by the oountp.
a. The 0friaer should be paid only actual expense6
incurred in such transportation.
0
APPROVfD
OPlNlON
COMMITYgg
EYE%?