OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
honorable Homer Garrison, Jr., Clreotor
Department or Ribllc safety
Caop Xabry
Austin, Texas
Eenr Sir:
'8 bill for
bank robber
this departnent has been
talns zhe r0iiowinE lnqul
"In October of
ill rram the physi-
I would appreulate
hether this bill
rtnrnt or EUbllo
.slonera Cwrt or Travis
Tatum was charged wlth
ng the Cepartment of Fublio Safety, the
in the departnent the enforcezent of the
e public safety and providing for the pre-
atlon of orime, end authorized the Comls-
te plans end ?olloies for the enforcement of
such criminal laws and or the traffic and safety lam or the
Etate. The coordination of the work of the lax enforoemnt
officers of the State under the superlvlslon of this depart-
rent doer not relieve the counties of any liability or their
Xcnorsble Tioser Car: lson, Jr., paEe 2
duty to provide ror the sofekeeplnc of prisoners confined in
county Jells or kept under guard or from pyyment or ell
outhorlzed expenses incurred and for vhlch they may by lnw
tend charfed,
,'e have exaxlned ihe statutes reletIn tc the Le-
;srtment of %bllc Taf%ty, Articles 4413 (1)) et seq., Fer-
non’s Annotat.ed Civil Statutes, and failed to rind any
authority given by the Legislature to the Doprtaent of
:-ubllc Salsty to pay oat or its funds for nec’lcnl treat-
cent rendered to an lndlviduel, any rJoney in payment far
services of e phyeiclan, vrbere the necosrlty for such
services wae occasioned by a mmbiber of t3e Ikpartnent in
the ofrlolal discharged of !TIS duties. ?:olther do we f Ind
;ny a@roprIetion r;Rde by the Legislature to t?.e Cepsrt-
ment for such ener(:encIea.
In view of the foregoinG, the physIclen’s bill
In question, If a proper cbarce, should be greeented to
the Cozmissloners’ Court of lravle County, the county
wherein the arrest WEE.made tad vihlch retrlned th8 custody
of said v:ou%led fllsoner. i%ether or not the cuinty 16
liable in t%ls particular ziatter, 1s a question cf fact
which we do not pss upon in t3le opinion. Doubtless in this
situation, an orfioer could not bind the county to any
extent by authorizing such sarvlces to be ps-fcrraed by
other than the County Zealth Officer, without being au-
ttorlzed by the Comalssloners~ Court, which facts are
not shown in your request. See Rlllacy County vs. Valley
3aptIst Xospltal, 29 S. ‘2:. (2d) 456.
You are theretore respeotfully advlssd that the
Department of tibllo Safety has no authority to pay a
physician*6 bill for eervlcee rendered to a r;ounded bank
robber, shot and wounded by a Texas Xl2hhcay Patrolman in
the d1scharE.e or 51s duty.
YOUrE Very Trudy
JZT:CO EY
hi. J. l-i. iclne
;I3F.OWD AZ? 2: 1940 Assistant
(E) Gerald C. X&n
ATTiRNZY CEN-EAL OF %%3 A>r-ElJVvJS
opinion ocmml*.tee
By x.3
OEii5E