Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN RQn. a. A. Wb1tel-a County Attorney Ban Wm COUntY tkn aaba, ~*%a* Ron. C. A. ;:'Blter8, Pa@ 2 the firm and coetrcadjudwd agalnet hlx, he my for mmh time as will satiaiy the. judgmenthe put to work in the rrorkhoune, or on the county farm, or ~~bllo inprove- nents of the aounty, an provided in the ouooctedln(:artfole, or i? theawbe no suoh workhouse, farm or 5raprovemnnte,he ahall .be imprieoned in jail Par a auiiioient lsn#,h of time to dlnelnrge the iull amount of fine and costs adjudged a@lrmt him;....” Artiale 794 of the Code of Criminal ?rooeUure reads as follasrer wyihem the mmlmbmnt a?msesea in a oonvlctionSor mlsdmeanor ie~aonflnemsnt fn jail Par more than one day, or where In suoh aonviatlonthe punishment 16 asssmsd only at a peauniary tlno and the party 80 aonvieted in unable to pay'the line and oonta adjudgeedaminst him, thou6 so aon- viatea f.hallbe renulred to do manual labor fn saoordanoewith the provl~lom of this artlols under the foll.uwi~ rules and refplt+tinM: "1. Eaah acaslssionsm aourt may pro- vide for tha emotion oi a mrkhouso and the establishmentof a oounty lam ln aonmatlon thenwith for the purpoeo of utilizing the labor oi said parties EO aonvloted. "2. Yuch teme and workhoums ahall be under the oontml and nanagemnt of the nomlscinnern court, and seiclaourt may adopt such ml08 end re~ulfitlona not lnaonulntont wlfh the lmw as they deem neom~ary for tha mcoe.~sfulmnnqcment end operation of sala inntitutloneend for efY%atlvelyutilizlrq: said lflbor. "3. 31~1~overseexw an4 auards may be employer under the authority of the am- nlseirnsrs court 50 my bo neneauary to prc- vsnt escapes an0 to enfcroe such lnbor, and they shall he paid out of the aounfiytbra- sury such conysnsattona8 said aourt may preaorihe. "4. Those 80 cmvlctcd ehall bc 80 guarded w!11lcat nork 80 to prorant emonpc. "5. They ehall be put to labor upon the puhlla roads, brl.dgelr or other publla works of the oounty when their labor cannot be utilized in the oountp rorichouaeor aounty fam. "6. They ehall be requiml to labor not lese than el&t nor mm fihanten hours ccoh day, Sundays emopted. ?foperson Bhall ever be required to nwk for mom than one Y-w "7. Qne who mfutms to labor or is otherninerefraatory or Insubordinatemay be punished by solitary aonilaclolent on bread and watar or in euoh other Pnnnr aI) the aamls8Ir?nersomrt my dlnbt. 93. When not at labor they paaybe aon- rIma in jail or the workhouea, a8 may bo 'kost oomenitmt, or a.8the regulationsof the‘ocxmI~al.omra00~1% may pr~~orlbe. "9. A femle ahall In no atwe be re- quircd to dc mnual lobor exumt In the workhouse. "10. Onc who frtm we diseaac, or other phyoloal or ncntal d&ability le Un- able to dc manual lnbar chall not bc re- qtircd to work, but shall remain in jail until his tom of lmpriamimentle ended, or until the fine and ooets adjudrtedacainat him arc dlsahergcdacoordlnq to law. HIP inabilityto do mm-1 labor IOAYbe detcrrzined IIOll. c. A. "alters, f'aF;e 4 by a physician a;?olntod for that purpose by the county Judas or the tonmlssioners oourt, who shall be paid for such servios' such ocnrensotion0~ sold court nay nllow~ "11. One convict&l of a rrlsdenssnor whose runlshment either in whole or in part is imprisonnentin jallrray avoid manual labor by payment Into the aounty treasury of one dollar ror enoh day A the tern or him imprison-ent,and the receipt of the aountg trcaourer to that effaot shall be sufficientauthority for tho sherirr to detefn him in Jail without labor," In the mm or Ex Parts ?ktes, 40 SW 869;it was held that Seotion 5 or Artiole 16, above quoted, was not a limltatfon on the part,of ths bgislaturs and doea not oonfine its authorlty to tha passage of oonvlut labor laws only when the penalty Imposed in mlsdamaanor oases is n iin9 and ooets. &nun1 labor laws may be legoily anaated and enfcroed In all caeen where the panal- ty Imposad is imprisonmentIn the county jail regerdlese cf whether they be for non-paymentof fine and oosts. Artlola 794, suwa, provides that the oommisslon- em' aawt may enpJoy ovbrsasrs and @~rds to pnwent es- oape and to snforoe suah labor as prssoribedby--thesta- tutes and that tho oonoiot shall be guardedwhile at work, Eowsver, thero lo no provision In the statute authorizing the o~rsnlsnloners~court or the mrds or oversners an~plog- ad by the oourt to require and aompel the oonviats to wamr a ball and ohain. The above quoted stntuteo provide that the ocn- viots may rmrk out their fines and costs by labor in the workhouse or on t?e county ian or public irixmve!nents, or 11"there he no such workhcu!:e,ram or inprovenento,by i.mprlsonmentin the jail foI n 3ufriolent length 0r time to diseharpethe full p.munt of the fine and costs. The statute sncc1f1call.yseys "Tublio innrovenentsof the oounty." Therefore,work on the public streets or an _ T1on.C. A. kters, Faqe 5 incorporatedcity would not be public work8 of the crmty. In view of the ?oreRoini:statutes,you are se- 8peCtfUliy advised that it is the opinion or thi9 depart- ment that both of your queatirns should bo answered in the negative. Trusting that the foregoing answer8 pour inquiry, we remain Yours very truly ATTORNEY G!XENERAS. OF TEXAS Ards-ilWilliEw.l9 Aaslstant