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 38 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.jailor 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 prl8onmt oonflned b jail or qdsr guard,the ttherlff 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 prorlts shall aonstltutw fees oioffIo41 and shd3.l 

be aooounteb for b y the l harZCi in his annW 

report as other rOes.?mu provided by law. The 

sherIft ahalL In suab report iamish an Sealzed 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 
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 reesonable extra aompaneetlon for attention to a prleonep 

during slokuese, suoh an amount as the o~emleeIonere .aourt of the county where the prisoner 18 oonfined may determine to be just end proper. 

"4. For reeeonable runerel exneneee in aase 

of death." 

Art1016 1041, Gods or Criminal Probeduro or 

reeds as tollowet 

*Ouerde~ end matrons. The she&M eha&l be 

allowed i0r eaoh guard or matron neoeeeerllg emP 

loyed In the sare-kee 

are end Pltty Cents ( '$ 

lug of prisoners Two Dola.50) for seoh dayi 1po 

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.? 

TBIBS, 

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 s es shall be oompeneated for their aervlaee by 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 or oomdseion 

for the perfomieuo0 Of any OS aU. Of ths dutiee Og 

IS or 
Honorebla J. CI oardy, Page 4 

their ofrloee, but tiuoh ottIoSr8 shall reoelvo 

eelh salary In lieu of all other ises, oommlealone end oompeneatlone irhloh they would otherwise 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 

f 

fund all runde herelnafter rovlded for al 

Ii 

fees and oommlSelone 

whloh S is authorlesd.under law to oollootJ end 

.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' 

1 

provided further, that the provlelons of th s'aot shall not affeot the payment 

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 oolleoted 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 

or said oount~, or any or lte offloere, dopertmerits, or Inetitutlone must be ptirohaeed on 

oompstltl.vS bide, the oontrnote to be awarded 

to .the party who, ln the judgment of the Gemmleelonere* Oourt, has submitted the lowest 

ena beet bid. The oounty auditor shall advertise for a period of two weeks ln at least one 

dally newspnper, publl8hed and OfroulatSd in 

the oounty, for suah eupplloe and materiel aocording 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 lnepeotlon by 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 
Honorable J. C. Gowdy, Page 5 

Hundred and Fifty Dollars ($150~00) may ba made 

upon $bequlsltion to 36 approved by tha COIIUUISaloners* Court, without advertising ior oompetltlve 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 

oonfined in county jail; that it walr the duty of tha Commlssloners' 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 Attorney 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 

t 

rlaoaere; that 

the rhsriff was not. entitled to fifteen oen s perrday,for 

safe keeping of prisoners; that the eharlff rhonld ba allowed 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 OOIItraot 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 and not the Cammlssloaers' Court should eIupervire 

the purahaee of~food and feefling of prlaonera. 

With ixferanoe to your first quastlon, you are reapeotfully advised ihst it 15 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 reepeotfully advi?,~:J. that it is the opinion of thie department that 
Honorable J. C.'Gowdy, Page 6 

in your oollnty, your ComIfIia8iOner8' Court would not be suthoriced 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 Offloera' Salary Fund. 

With refaranoe to your third question regarding the 

oompeaaatlon of "baIlIffa* waiting upon the courta, we raspaotfully advise you that the only oharaoter oS%alliffa~ 

provided for ln the Texsa atatutea.are the walking and rldlng 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 frequently applied to the aherltr or hia deputy who Fait8 upon 

the Dlatrlot or 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 by 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 inquiry, we are 

Very truly roux-8 

ATTORWEY Gb’ERAL OF TEXAS 

BY et<! 

l . 

Asa la ta nt WJFtGo, 

ATTORNEY GENXt+ OF TEXAS