Untitled Texas Attorney General Opinion ( 1986 )

The Attorney General of Texas
April 28. 1986
JIM MAlTOX
Attorney General
Supreme Court BulldIng HonorableDale llama opinionNo. JM-487
P. 0. BOX 12549
Austln, TX. 78711-2548
JohnsonCountyAttorney
512,4752501 1st Floor, Courthouse KS: Liabilityof a county for the
Telex 9101874-1387 Cleburne,Texas 76031 hospital expenses of county non-
Telecopier 512t475-02S8 residentswho commit an offensein
a differentcounty
714 Jackqon, Suite 700
Dallas. TX. 752G2-45oa Dear Mr. Banns:
21U742-9944
You have requestedour'opiaionregardingthe liabilityof Johnson
County for the medical expensesincurredby two indigentprisonerswho
4824 Alberta Ave., Suite 180
El Paso, TX. 79905-2793
are not residentsof the county. The two prisonerswere injured by
915/533.34a4 law enforcementofficialsIn Hopkins County. You have also informed
us that the two prisonerswere treatedat the FranklinCountyHospital
in Mount Vernon and the Parkland Memorial Hospital in Dallas. They
1001 Texas. Suite 700 were transferred to the Johnson County Jail to await trial on
Houston. TX. 77002.3111
aggravated kidnapping charges instituted by the Johnson County
7~3l223eaa5
District Attorney. Cne of the prisoners is a resident of Dallas
County and the Dallas County Hospital District and the other is a
SW Broadway. Suite 312 residentof TarrentCounty and the TarrantCountyHospitalDistrict.
Lubbock. TX. 79401.3479
8081747.5235
As a preliminaryconsideration , the liabilityof a county for the
care of Its Indigent sick and prisoners is now governadby article
4399 N. Tenth, Suite B 4430f, V.T.C.S., and article 104.002 of the Code of Criminal
McAllen, TX. 785011885 Procedure. However,article443Sf. the IndigentHealth Care Treatment
512N2.4547 Act, provides that any health care assistance provided before
September1, 1986. is governedby the law and practice "in effect at
2W Main Plus, Sulto 400 the time that assistance[was] provided." See Acts 1985, 69th Leg.,
Son Antonlo. TX. 78205-2797 1st C.S., ch. 1, S15, at 46, eff. Aug. 29.1985. Consequently,this
512/225.4191 act is inapplicableto your request. Article 104.002of the Code of
CriminalProcedureis a recodification of severalproceduralstatutes,
An Equal Opportunltyl
including articles 1037 and 1040 of the code, which governed the
AfflrmNlve Action Employer liability of a county for the care and treatment of indigent
prisoners. =Code Grim. Proc. arts. 1037, 1040, zealed by Acts
1985. 69th leg., ch. 269, II. at 2324, eff. Sept. 1, 1985.
This office has concludedin two prior opinionsthat the hospital
districtof which the indigentprisonerIs a resident,rather than the
county of incarceration, fs liable for the medical care and treatment
of an indigentprisoner. See AttorneyGeneralOpinionsH-703 (1975);
M-807 (1971). In.Attorney-cneralOpinionM-870 (1971).the Attorney
p. 2228
HonorableDale Hauna - Page 2 (JIG487)
General consideredthe liabilityof a county for the medical expenses
of an Indigent prisoner whose residencewas in a hospital district
which included the county. Although the prisoner was provided'
services in a hospital located in a second hospital district, the
opinionconcludedthat
the district of the residenceof the indigent
orisoner . . . is liable for the medical bills
incurred in his treatment, notwithstandingthe
fact that he was a prisonerin the custodyof the
county sheriff, and further notwithstandingthe
fact that he was treatedoutsidethe boundariesof
that HospitalDistrict. (Emphasisadded).
Id. at 5. The rationale for this conclusion was that repealed
articles 1037 and 1040 of the Code of CriminalProceduremust yield to
the express broad language in section 9 of article IX of the Texas
Constitution. Sea Tex. Const. art. IX. 19; see also repealed Cede
Grim. Proc. art8. 1037, 1040; Attorney General Opinion H-703 (1975).
Thus, we can concludethat the hospitaldistrictsof the residecceof
each of the two indigentprisonersare liable for the medicalbills.
SUMMARY
The liabilityof a county for the care of its
indigent prisoners for medical bills incurred
before September 1. 1985 is governed by fomsr
articles 1037 and 1040 of the Code of Criminal
Procedureand article IX, section 9 of the Texas
Constitution. Ender those provisions, Dallas
County Hospital District and the Tarrant County
HospitalDistrict,rather than JohnsonCounty,are
liable for the medical bills of 'their resident
indigentprisonersincarceratedin JohnsonCounty.
JIM MATTOX
AttorneyGeneralof Texas
JACKHIGHTOWRR
First AssistantAttorneyGeneral
MARY KELLER
Attorney
ExecutiveAsslstaht. General
p. 2229
HonorableDale Hanna - Page 3 (JM-487)
ROBERTGRAY
SpecialAssistantAttorney General
RICK GILPIN
Cheirman, OpinionCommittee
Preparedby Tony Guillory
AssistantAttorney Genaral
p. 2230