Hon. Doug Crouch

District Attorney Tarrant County Fort Worth, Texas

Dear Mr. Crouch: April 4, 1963
OpinionNo. C-51
Re: Whether, under the provisions of Article 5547-14, Vernon's Civil Statutes, the Sheriff of Tarrant County may be compensated on a mileage basis: for transportingmental patients to mental institutions and related questions. This office has receivedyour request for an opinion in which you ask the following questions:

"Pursuant to the provisions of Article 5547-14, VACS, Paragraph (b)may the County Sheriff of Tarrant County, Texas, be compensated on a mileagebasis for transporting mental patients to the appropriatemental institutions. If the Sheriff may be so compensated on a per mile basis, then how much may be assigned to the patient or his estate per mile for such transportation? "If the Sheriffmay be allowed actual expenses assessed as costs, then does this mean the amounts actually paid out for fuel for the vehicle and any necessarymeals and the necessities incidental'to the journey or may it include the salaries of the deputies assigned to such transportation,togetherwith approximatedper mileage depreciation on the vehicle used." The following statutesare pertinent to the questions propounded to this office:

"Art. 6877-l. Transportationof sheriffs and deputies;allowance for expenses

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"The County CommissionersCourts of this State are directed to supplyand pay for transportation of sheriffs of their respective counties and their deputies to and from Pointswithin this State, under one of the four (4 following Sections: "(a) Such sheriffsand their deputies shallbe furnished adequate motor transportation includingall expense incidental to the upkeep and operation of suchmotor vehicles.
' (b)Motor vehicles shallbe furnished to such sheriffsand their deputieswho may furnish gas and oil, wash and grease, incidental to the operationof such vehicles; for which gas and oil, wash and grease, such sheriffsand deputies shallbe compensatedat a rate not to exceed six cents (64) per mile for each mile suchvehicle is,operated in the performance of the duties of his office. 'l(c)Alternatively such County Commissioners Courtsmay allow sheriffs and their deputies in their,respectivecounties to use and operate cars on officialbusiness which cars are personally ownedby them for which such officers shallbe paid not less than eight cents (8g!) per mile nor more than fifteen cents (15#) per-mile for each mile traveled in the performance of officialduties of their office. "(d) All compensationpaid under the provisions of thisAct shallbe upon a sworn statement of such sheriff."
"Art. 5547-14. Costs "(a) The county of legal residenceof the patient shallpay the costs of TemporaryHospitalization, Indefinite Commitmentand Re-examination and Hearing proceedings, includingattorneys' fees and physicians' examination fees, and exenses of transportationto a State mental hospial or to an agency.of the United States.

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"(b) For the amounts of thesescosts actumti;;; c,o;F ier;~;i;l$~st~~imb$r~rn~;t Y P YP his support in a State hospital." (Emphasisadded). Article 5547-14 (a),Vernon's Civil Statutes, authorizesthe county to pay.costs of transportationof a patient to a State mental hospital. Article 5547-14 (b) entitles the county to reimbursementof the transportationcosts actually paid by the county from the patient, or the person or estate liable for his support in a State hospital.

A Sheriff or his deputy,while acting in his official capacity, is furnished transportationor isreimbursed traveling expensesby the Commissioners Court in one of the three methods enumerated under Article 6877-1, Vernon.'s Civil Statutes.
To determine the costs actually paid we must look to the method of providing transportationwhich the Commissioners Court has elected to use under Article 6877-l of Vernon's Civil Statutes. This office is advised that the Commissioners Court furnishes county.vehiclesfor the Sheriff and his deputies in certain instances and, in other cases, the deputy Sheriffs use their own personal vehiclesand are reimbursedby the county pursuant to the app-opriateprovision in Article 6877-l of Vernon’s Civil Statutes.'However, in the instant case, Honorable Lon Evans, Sheriff of Tarrant County,has advised us that the mental patients are alw.aystransported to mental institutions in county vehicles, and that the CommissionersCourt reimburses the Sheriff and his deputies pursuant to the provisions of Article 6877-l(a) for their actual expenses in transporting these patients to mental institutions.

Since Tarrant County pays "allnecessary and reasonable expenses" incident to the transportationof patients to mental hospitals, these expenses shouldbe chargedto the patient or person or estate liable for his support,and they would include. depreciationof automobiles,gas and oil, salary of any attendant or matron other than the Sheriff and his deputies,which are necessary to the transportationof the patie.nt to the hospital, and any other necessary and reasonable expense attributable to the trip. SUMMARY

When a Sheriff or his deputy transportsa mental patient to a State hospital the county is entitled to reimbursement for costs actuallypaid by the county

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from the patient, or any person or estate liable for his support in a State hospital underArticle 554744(a)(b), Vernon's Civil Statutes. The Sheriff of Tarrant County and his deputies use countyvehicles for the transportationof mental patients to mental institutions,and since the county reimburses them pursuant to the provisions of Article 6877-1(a) of Vernon's Civil Statutes, the county may charge this expense to the patient or person or estate liable for his support. These costs would include such expense as depreciation of automobiles, gas and oil, salary of any attendant or matron other than the Sheriff or his deputieswhich are necessary to the transportationof the patient to the hospital, and any other necessary and reasonable expenses attributable to the trip.
Yours very truly,
WAGGONER CARR Attorney General

Bill Morse, Jr. Assistant BM:wb:mkh
APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman Scott Garrison Howard Mays zua;OE; FOR THE ATTORNEY GENERAL BY: Stanton Stone,

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