Untitled Texas Attorney General Opinion ( 1944 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN aonorable L. c. Meard county Auditor uell Gounty belton, Texas Dear Air. Lieardr cated by the Doard of hrtiClC 3185, il. C. S. OQ this departvlentupon t&e above oubjeot Cc fioard of equmt wag granted, and from orx~ationthe Sheri.fF*sdcpnrt- ho patient from I;eltonto vii&- xoulZ also state that the patient was never carrif?d to tAe asylnm at Austin but. re- Rained in ijellcounty, awaiting a reply ~to thirI??- quest that she bo sent to WLchita Falls. ~Since kc11 county is operating under tho Snl- ary system, mci the Qierifr is ulloacd uileag? for the uso of his ccwa, a atatmcnt was finbrAttedto the Lom&isioncr*s I;ourtror ixileali;c for trmofor- ring patient fro74licltonto %Lc!lltaI:~110mung rrrIdleago. The court took exception ot11eritei:,s rionorableL. c. Board - poge~g to the c;ileap?and only paid the Sheriff's de- partwcnt tilcagc tinthe patient frcm AiUeIton to Austin ami return and not to ifichita Balls. ~TO this deduction the sheriff has taken exception, antiwit1 you pLCaac advise ue if it is zi2umatorytllutc.heCounty pay the sheriff the aauitimal oilca::emtie in taking patient to Clchita Vzlls instt‘acl of to Austints Article 3104 of the Revised Civil Statutes is as follo~sr *The expenses of conveying all public patients to tiltasylum;shall be borne by the counties reupoctively from wM.ch they are sent1 and said counties shall pay the same upon tbo sworn aooounL of Lhe affiocr or per- son perfominF: such service, skowinc in detail tho actual expcnscs incurred in the trmspor- tation. In case any public patient 16 poosess- ed of property sufficient for the purpose, or any person legally liable for his support is so possetisedof praperty, tttoc0unty paying the ex- penses of such transportation shall Lie ontttled to rei~bursenlentout of the estate nP the luna- tic or the property of the person legally liable for his support, rtllchmy bc rccovored by the county on stit brought thoreSor.* Article 3188 is aa foiiosst WTlloiroardOS Control shall divide the State into hospital districts, Iray change the districts fFOELti&e to t,iU, and r;lraLl cIesif;nate the State hospitals to vliiohinsane, Cpilcptic and ferble- nduiicii porsOns frow each district ti+allbc adc!tt- teii anal~;,.rzgtransler ptlente Srom ene institu- tion to mother. All SUCh pCrSOns within any such districts co~~ttcd,.ehall be comitted tn the StnLc ItospitaLcfosigmtcd Snr that Nstrict, 0~ to the Gnitcd State6 VMxrans’ Rd~~nistration or such other ajiencgor dopartmnt crf the lrnitrdStntcs as will ucccpt such insane pcrnrm fur care op treat- Jticnt. lhc said !itatehoard of Control shall nlso honorable t. C. Heard - page 3 have authority to transfer any lc,qnllyconmitted patient Pros2a titaC0hospital to the United states Veterans* AG&xiatratltin or any other agerroy’ or clepartr*c+nt0C the Cnltod States as will aocept such person uf unsound uiind for onrc or trcatibeut,and in case such transfer is or shall be nradc,the cooaxitWnt &nd transfer order Mali ~WmititUte legal authority b3r the restraint of such patient.by the United State5 Veteranat Adn;inistrationor such other a.goncy or deportment of Lhe United Stntcs until the Co&t by which such patient was adjudged insans and coamltted sha3.lord,orsuch patient ra1aased.a The hoard Op Gantrol has duly divided the State lute hospltai districts, according to vbich divialon Bell County is in the Austin Iristrictlro. 1. Under the Article laat above quotedI it va.a the duty of the collir;Stti.ng judge in tho case put by you to order the patient cortitted to tho Auntin rather than the Wichita Falls institution. Aifs failure, however, to do this, and his order (as we understand fro&xyour letter) cmndtting her to Cichito was not such an irregularity as to render the cosmittment ardor void -- Limt is, it did not go to tha jurisdiction of the court, but r;crelyto the rcSuLarity of his proceed+ngs. This irregular- ity or error cannot be attacked collateralLy, but the order stnnds as a salAd judgment or a court uE corpetent jurisdiction. It f01108s Lhnt the YherifP is entitled to coupcnsation frOi the county for his sCrvicea in transporting the patient to tiichitacouaty . Yet-y truly pours