Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable J . c. cowdy
County Auditor.
Fiohita County v;lohita Falls, Texas
Dear sir:
Your reqlletit $0,
quostionsr
oera' salar
y thin Departmat.
3:
Honorable J. C. OOwdY. Pa@ 2
and blankets sutiioient for the oclatort oi the prluoner, when there 18 no Jell in a county, the sherlrr Inay rent a suitable house and employ guarb8, the qqmna~ to be paId by the proper oounty.*
Art.1010 6116, Retlaed Civil Statutes oi Texas, reads a8 r0umt
-Eaoh sherIrr the keeper or the Jail or’ his oouuty. Ha shall safely keep therein all jrisonars aommItted thereto by lawful authority, subjeot to the order of the proper oourts, aad a&all be reeponelble for the safe keeping of such prlsonbrs. The aherirr may appoint a.jail- or to take'uaara oi the jail, and 8oppl7 the wanta or thoao therein oonflned; but in all oaaett the sheriff ~&all oxaroise a supervIslon and.cumtrol over the jaIli*
Artlolle 1040, Code of O.rImInal Pmoedluy of Texas, mada an r0u0mtt
nAllauattee to 8herISf for prisoners. Fo* the 8afo kmeplsg, empport and malntenan~ of prl- 8onmt oonflned b jail or qdsr guard,the tther- lff shall be aUwed the iolloring olmr@st "1. For the safekemp of eaoh prlscmr iOr eaoh day the SUIP or rirtn0n oente, not to erow4 the sum or two hundred dollars par mnth.
-2; For support and mz&&enamm, ror maah ~lsoaer for eeoh da7 uuoh an mount a8 spry be rlxed by th8 6omIssIaaers aoort, &qwIasd the 8om shall be FcrasO?Mbly 6uffliSlant for suoh purpose, an6 ltt tto et(bqt ~sball it be lass than rorty osnt*~,par day nor lore thmu iavetttpflva " cents per aa7 for saoh prlnottar, The 'not pro- rlts shall aonstltutw fees oioffIo41 shd3.l be aooounteb fo r by the l harZCi in his annW report as other rOes.?mu provided by law. The sherIft ahalL In suab report iamish an Sea- lzed verlried aOaOtW of all #xpandltnns made by hla for'fe*bEag a2t4~m2&mam+o of~prismots, aaooapattyltg au8$:pepa* tith~r0eelpt8 and YOttOheX8
in IluppQrt or sue& ilieu Pr~..expend1tM, aIt6 the *3 Honorable J. C. Oowdy, Page 3
differmoe between euoh expenditures and the amount allowed by the oomnaiselonere aourt shell be deemed to constitute the net profits for which said off:- aer shall aaoount es fees or offloe.
"3. For .neoeeeary medlael bills anC reeson- able extra aompaneetlon for attention to a prleonep during slokuese, suoh an amount as the o~emleeIon- ere .aourt of the county where the prisoner oon- fined may determine to be just end proper.
"4. For reeeonable runerel exneneee in aase of death."
Art1016 1041, Gods or Criminal Probeduro or TBIBS, reeds as tollowet
*Ouerde~ end matrons. The she&M eha&l be allowed i0r eaoh guard or matron neoeeeerllg em-
loyed In the sare-kee lug of prisoners Two Dol- are end Pltty Cents ( '$ a.50) for seoh dayi 1po P allowauoe &all be medo ror ths board or mob guard or matron, nor ehall any ell0uance be made ror jailer 0r tUrnkey, except in oountlee he~ittg a poptiatlon in oxoode or forty thousand (40,000) Inhebltents aooording to the last prooodlng or any ruture Federal Cenaxs. In euoh ootmtIee ot Porty thousand (40,000) or more InhabItante, the.OommIselonere' Court may.allow eaoh Jail guard metron, jailer and turnkey Four Dollars end Fifty cent8 ($4.50) per day; provided that, in oounties having a poptiatlon in ofoeee of three hundred and fifty-five thousand (358,000) inhabitants, acaordlng to the last preoedlng or any future Federal Csnsu?, eeoh jail guard, matron, jailer aid turulcey shall be paid not less than One Hunbred and SnYenty-flpe ($175.00) Dollars per month.? IS or
Artlole 39X%, Seotlon 3, Revised Qlvll Statute Texas, reads es iollowet
"In all oases where the O0nimlssIotisre* Court shall have determined that the erty oifloere or preoiaot offloere in duoh oouut es s shall be oom- peneated for their aervlaee the,payment,of an annual salary, neither the 8tete of Texes or axq county shall be oherRed with or my to any of the otflaerti 80 oom3mneated. any fee oomdseion for the perfomieuo0 Of any OS aU. Of ths dutiee Og *4 Honorebla J. CI oardy, Page 4
their ofrloee, but tiuoh ottIoSr8 shall reoelvo eelh salary In lieu of all other ises, oommle- alone end oompeneatlone irhloh they would other- wise be authorized to retain; provided, however, that the Aeeeeeor and Oollootor of taras Shall oontlnue to oollsot and retain for the benefit of the offloers seler fund all runde hereln- after rovlded for al f fees and oommlSelone whloh S is authorlesd.under law to oollootJ end Ii .lt shall be his duty to aooount for and to p8y all euoh moneys rtiaolved by hirm Into the iuude created end provided for under the provisions of thle sot' provided further, that the provl- elons of th s'aot shall not affeot the payment 1
of ooste'ln ol~ll, oaeoe by the.Stete but all euah ooete 80 paid Shall be aooounted for by the aftloere oolleotlng the aems, as they are rsqulred under the provision8 of this mot to aooount for 2888, oommieelone ed ooete ool- leoted Srom private pSrtles.W
Artlalo 1659, BevIeod-Ol~ll Statute8 oi Taxas, made as roiioret
aBupplles of every kind road end bridge material, or any other mats&l, for the UPS said oount~, or any or lte offloere, dopert- merits, or Inetitutlone must be ptirohaeed on oompstltl.vS bide, the oontrnote to be awarded to .the party who, ln the judgment of the Gem- mleelonere* Oourt, has submitted the lowest ena beet bid. The oounty auditor shall adver- tise for a period of two weeks ln at least one dally newspnper, publl8hed OfroulatSd in the oounty, for suah eupplloe and materiel ao- cording to rpSoIrIoetionS, giving in detail what be neebed. &oh advertleemont tihhall stats whors the s Salrioetlone ire to ba found and ehall give t he time and pleoe for rooolv~ng euoh~bltle.
All euoh oompstltlve bide ehall be kept on f'llo by the oounty auditor a8 n pert or the XSoorde of his offloe, and shall be eubjsot to lnepeo- tlon anyone dealring to see them. Uoplee or all bide reoelved Shall bS furnished by the county auditor to the aounty judge and to the CommiselonSre* Court; end when the bids rsaelvo6 are not satlsfeotOry to the Seld judge or 0Wnty ~oommlelllonere, the auditor shell rejeot eeld bide and re-advSrtlse for now bide. In 0aSoe of emergsnoy, purahaere. not in Sxeese of One *5 Honorable J. C. Gowdy, Page 5
Hundred and Fifty Dollars ($150~00) may ba made upon $bequlsltion to 36 approved by tha COIIUUIS-
aloners* Court, without advertising ior oompetl- tlve bide."
Thl6 department held on Yaroh 4, 1938, In en opinion written by Honorable J-es & lpsff, Assistant Attorney tinoral: that the sheriff: should buy'food used in feeding prisoners in county jail; that it walr the duty of tha Commls- oonfined sloners' Court: to furnlah the oounty jailer with mattresses and blankets and that auoh mattresses and blankets should be bought on ooiapetltive bids as provided by Artl.ole 1559, Revised Civil Statutes of TBICII..
This department held on December 3, 1937, in an opinion written by Honorable Jams H. Xafi, Aesirtant Attor- ney Mmral, that where a aherifi Is oompansatsd on a ralarp baa16 the Commlssloners* Court la unauthorlted to allor a sheriff a apso'ifio mm for the boardlqg oi rlaoaere; that the rhsriff was not. entitled to fifteen oen s perrday,for t safe keeping of prisoners; that the eharlff rhonld ba al- lowed only the aotual expanse0 Lnourred by him in fss@ng prisoners in his oust&y; that it was the duty of tha ahe.ritf Do provide meals for the prleoaere oonflned in hi6 jatlJ that the C~mmfsslbnsre* Court was~wlthoutaanth~rlty to OOII- traot with a third party for feedin& prle&ners oonflned la the aounty Jail. Ue.snolose herewith a oopy of this opinion.
Opinion Nor Q-339 of this department hold6 that the sheriff not the Cammlssloaers' Court should eIupervire the purahaee of~food and feefling of prlaonera.
With ixferanoe to your first quastlon, you are rea- peotfully advised ihst it the opinion of $hiF dspartment that In your oounty the sheriff haa authority to feed and .purohase food nsoes,sary for the amlnteuanoe of prisoners In the ootmty jail. You are further reepeotfully advised that It is the'opinion of this department that In your oounty the Conmiseloneraf Court would have authottty to prrrohasa Or authorize the pwohame of other supplies neoeaeary far the malntenanoe of prisoners, !andsr the provisions of Art1018 1059, Revised CLvil Statutes of Texas, tauprar
In answer to your easond quaetion, you are reepeot- fully advi?,~:J. that it is the opinion of thie department that *6 Honorable J. C.'Gowdy, Page 6
in your oollnty, your ComIfIia8iOner8' Court would not be suthor- iced to ooatraot with the sheriff aa outllaad~by Arti0le 1040 of the Code of Criminal Prooedure and allow him a apeoiflad awn MI! the safekeeping, feeding and malntenanoe of prisoners. You are further respeotfully advised that it la the opinion of this department that in your oounty the 8herltP. Gould only bd allowed his aotual expenaea lnourred in the feedlag of prlaonera, and that if there wera any profit in same, then the sheriff nhould deposit suoh profit, ii any, In tha Offl- oera' Salary Fund.
With refaranoe to your third question regarding the oompeaaatlon of "baIlIffa* waiting upon the courta, we ras- paotfully advise you that the only oharaoter oS%alliffa~ provided for ln the Texsa atatutea.are the walking and rld- lng grand jury balliffa~prooided ror In Axtlols 1058, Code of Crlmlnal Prooedure of Texas, and the balllrfa for the Oourt of Civil Appeal8 provided for in Art.1018 LObSa, Code of Criminal Aooedure of Texas.
However, the term Rballiffn ia oommonly and fre- quently applied to the aherltr or hia deputy who Fait8 upon the Dlatrlot Couaty Court unbar Artlola 9955, Rovlaed Civil Statute8 of.Texaa, and we believe that you have thla in mind. rith referenoa to your question+
Artiole 39'99, Rdiided CIvilStatute of Taxaa, l.n part, read8 as follow8:
Vor every day the Sheriff or his ~depu$y shall attend ,the dlatrlot or oounty o0urt, he ahall redeive four dollar8 a day to be paid by the oounty for eaoh day that.the sheriff by himself or a deputy shall attend said oourtP
This de artment held on August S5, 1932 in an 0pin-r ion addraaaed to ii onorable A. B. Chapman, Pounty Attorney, Diokena,~@&l@, mitten Honorable Soott Gaines, Aaaiatant Attornef&i&al, that.warranta Issued to sheriff under Artlole 3933 in dttendanae on'dlstrlot or oounty oourt are payable out of the General Fund and not out of'the Jury Fund.
You are reapeotfully advised that It la the opinion of this de 8rtment that the fee8 allowed to sheriffs under Artinla 30 fs 3, for uait.ina on the diatriot and 0Ounty oourta. --- ----- in oountlea %heii thi~ih&lrf la oomgeaaated on a f&e basis, are payable out of the General Fund of the, oounty.
Honorable J. 0. Gowdy, Page I
You are rurther reapeatfully advised that in your county, wharo the sheriff 18 oompensated on a salary basis, the, eherlff wpuld not be entitled to any feea from the county for hia aeryloea In waiting on the dlatriot and oounty courts under Artlole 5933, beoauae Seotlon 3 of Artlole 3918e, Revised Civil Statutes of Texas, prohibits aame~
Truetlng that this aatiafaotorily answers your in- quiry, we are
Very truly roux-8 ATTORWEY Gb’ERAL OF TEXAS BY et<!
l . WJFtGo, Asalatant
ATTORNEY GENXt+ OF TEXAS