Case Information

*1 The Attorney General of Texas August 5, 1980

MARK WHITE

Attorney General

Honorable George N. Rodriguei Opinion No. MW-218 Bl Paso County Attorney

Courthouse Re: Responsibility for transporta- El Paso, Texas tion of prisoners to the Texas Department of Corrections Dear Mr. Rodriguez:

You have requested our opinion regard@ responsibility for the cost of transporting prisoners to the Texas Department of Corrections. Article 6166r, V.T.C.S., provides:

The manager [now the Director of the Department of Correctionslshall make suitable provision and regulations for the safe and speedy transportation of prisoners from counties where sentenced to the State penitentiary by the sheriffs of such respective counties if such sheriffs are willing to perform such services as cheaolv as said commission can have it done otherwise. bhd transportation shaB be on State account and. in no instance shall the prisoners be carried direct ftom the county jails to the State farm, but shall first be carried- to the receivitlg station as designated by the Prison Board [now Board of Corrections] where the character of labor which each prisoner may reasonably perform shall be deter- mined. Upon the arrival of each prisoner at such receivin8 station, the manager shall cause a state- ment to be made by the prisoner, givim~ a brief history of his life, and showing where he has resided, the names and post-office addresses of his immediate relatives, and such other facts as will tend to show his past habits and character; and the manager shall, by correspondence, or otherwise verify or disprove such statements, if practicable, Andy shall preserve the record and information SD obtained for future reference.

(Emphasis added).

P. 696

,

Honorable George N. Rodriguez - Page TWO (NW-218)

In Attorney General Opinion WW-651(1959), this office said that article 6166r: places the primary duty of transporting State prisoners from the various counties where held to the State Penitentiary upon the Texas Department of Corrections.

The statute permits the director of the Department of Corrections to contract with the sheriff for the purpose of transporting its prisoners, but, when such an agreement is in effect,

it is up to the Prison System to pay him such compensation as was agreed upon between the parties.

Attorney General Opinion O-1808 (1940). See also, Attorney General Opinion O-724 (1939). We conclude therefore that the Texas Department of Corrections is responsible for the agreed cost of transporting prisoners from a county to a facility of the Department.

SUMMARY The Texas Department of Corrections is responsible for the agreed cost of transporting prisoners from a county to a facility of the Department.

velYtr~.s MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

Prepared by Rick Gilpin

Assistant Attorney General

APPROVED:

OPINION COMMlTTEE

C. Robert Heath, Chairman

Jim Allison

Jon Bible

Gerald Carruth

Walter Davis

Susan Garrison

Rick Gilpin

Bruce Youngblood

p. 697