Hon. Doug Crouch 

District Attorney 

Tarrant County 

Fort Worth, Texas 

Dear Mr. Crouch: 

April 4, 1963 

Opinion No. 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 transporting mental 

patients to mental institutions and related questions. 

This office has received your 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 mileage basis for transporting 

mental patients to the appropriate mental 

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 Sheriff may be allowed actual 

expenses assessed as costs, then does this 

mean the amounts actually paid out for fuel 

for the vehicle and any necessary meals and 

the necessities incidental'to the journey or 

may it include the salaries of the deputies 

assigned to such transportation, together with 

approximated per mileage depreciation on the 

vehicle used." 

The following statutes are pertinent to the questions 

propounded to this office: 

"Art. 6877-l. Transportation of sheriffs 

and deputies; allowance for expenses 

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Hon. Doug Crouch, page 2 (C-51 ) 

"The County Commissioners Courts of this 

State are directed to supply and pay for transportation of sheriffs of their respective counties 

and their deputies to and from 

P 

oints within this 

State, under one of the four (4 following Sections: 

"(a) Such sheriffs and their deputies 

shall be furnished adequate motor transportation 

including all expense incidental to the upkeep 

and operation of such motor vehicles. 

' (b) Motor vehicles shall be furnished to 

such sheriffs and their deputies who may furnish 

gas and oil, wash and grease, incidental to the 

operation of such vehicles; for which gas and 

oil, wash and grease, such sheriffs and deputies 

shall be compensated at a rate not to exceed six 

cents (64) per mile for each mile such vehicle 

is,operated in the performance of the duties of 

his office. 

'l(c) Alternatively such County Commissioners 

Courts may allow sheriffs and their deputies in 

their,respective counties to use and operate cars 

on official business which cars are personally 

owned by them for which such officers shall be 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 official duties of 

their office. 

"(d) All compensation paid under the provisions of this Act shall be upon a sworn statement 

of such sheriff." 

"Art. 5547-14. Costs 

"(a) The county of legal residence of the 

patient shall pay the costs of Temporary Hospitalization, Indefinite Commitment and Re-examination and Hearing proceedings, including attorneys' 

fees and physicians' examination fees, and exenses of transportation to a State mental hospial or to an agency.of the United States. 

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Hon. Doug Crouch, page 3 (C- ~51 ) 

"(b) For the amounts of theses costs actumti;;; c,o;F ier;~;i;l$~st~ ~imb$r~rn~;t 

Y P YP 

his support in a State hospital." (Emphasis added). 

Article 5547-14 (a), Vernon's Civil Statutes, 

authorizes the county to pay.costs of transportation of a 

patient to a State mental hospital. Article 5547-14 (b) entitles the county to reimbursement of the transportation costs 

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 transportation or isreimbursed traveling 

expenses by 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 transportation which 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.vehicles for the Sheriff and his deputies in 

certain instances and, in other cases, the deputy Sheriffs use 

their own personal vehicles and are reimbursed by the county 

pursuant to the app-opriate provision 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.ays transported to mental institutions 

in county vehicles, and that the Commissioners Court 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 "all necessary and reasonable 

expenses" incident to the transportation of patients to mental 

hospitals, these expenses should be charged to the patient or 

person or estate liable for his support, and they would include. 

depreciation of automobiles, gas and oil, salary of any attendant 

or matron other than the Sheriff and his deputies, which are 

necessary to the transportation of the patie.nt to the hospital, 

and any other necessary and reasonable expense attributable to 

the trip. 

SUMMARY 

When a Sheriff or his deputy transports a mental 

patient to a State hospital the county is entitled to 

reimbursement for costs actually paid by the county 

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Hon. Doug Crouch, page 4 (C- 51 ) 

from the patient, or any person or estate liable 

for his support in a State hospital under Article 

554744(a)(b), Vernon's Civil Statutes. 

The Sheriff of Tarrant County and his deputies 

use county vehicles for the transportation of 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 deputies which 

are necessary to the transportation of 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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