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. 

t&e above oubjeot 

OQ this departvlent upon 

Cc fioard of 

equmt wag granted, and from 

orx~ation the Sheri.fF*s dcpnrtho patient from I;elton to vii&- 

xoulZ also state that the patient 

was never carrif?d to tAe asylnm at Austin but. reRained in ijell county, awaiting a reply ~to thir I??- 

quest that she bo sent to WLchita Falls. 

~Since kc11 county is operating under tho Snlary system, mci the Qierifr is ulloacd uileag? for 

the uso of his ccwa, a atatmcnt was finbrAtted to 

the Lom&isioncr*s I;ourt ror ixileali;c for trmoforring patient fro74 liclton to %Lc!llta I:~110 mung 

ot11er itei:,s rrr Idleago. The court took exception 
rionorable L. c. Board - poge~g 

to the c;ileap? and only paid the Sheriff's departwcnt tilcagc tin the patient frcm AiUeIton to 

Austin ami return and not to ifichita Balls. 

~TO this deduction the sheriff has taken 

exception, anti wit1 you pLCaac advise ue if it 

is zi2umatory tllut c.he County pay the sheriff 

the aauitimal oilca::e mtie 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 tilt asylum; 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 person perfominF: such service, skowinc in detail 

tho actual expcnscs incurred in the trmsportation. In case any public patient 16 poosessed of property sufficient for the purpose, or 

any person legally liable for his support is so 

possetised of praperty, ttto c0unty paying the expenses of such transportation shall Lie ontttled 

to rei~bursenlent out of the estate nP the lunatic or the property of the person legally liable 

for his support, rtllch my bc rccovored by the 

county on stit brought thoreSor.* 

Article 3188 is aa foiiosst 

WTllo iroard OS Control shall divide the State 

into hospital districts, Iray change the districts 

fFOEL ti&e to t,iU, and r;lraLl cIesif;nate the State 

hospitals to vliioh insane, Cpilcptic and ferblenduiicii porsOns frow each district ti+all bc adc!ttteii anal ~;,.rzg transler ptlente Srom ene institution to mother. All SUCh pCrSOns within any such 

districts co~~ttcd,.ehall be comitted tn the 

StnLc ItospitaL cfosigmtcd Snr that Nstrict, 0~ to 

the Gnitcd State6 VMxrans’ Rd~~nistration or such 

other ajiencg or dopartmnt crf the lrnitrd Stntcs as 

will ucccpt such insane pcrnrm fur care op treatJticnt. lhc said !itate hoard of Control shall nlso 
honorable t. C. Heard - page 3 

have authority to transfer any lc,qnlly conmitted 

patient Pros2 a titaC0 hospital to the United 

states Veterans* AG&xiatratltin or any other 

agerroy’ or clepartr*c+nt 0C 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;inistration or such other a.goncy 

or deportment of Lhe United Stntcs until the 

Co&t by which such patient was adjudged insans 

and coamltted sha3.l ord,or such 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 Iristrict lro. 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&x your 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;crely to the rcSuLarity of his proceed+ngs. This irregularity 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 

tiichita couaty . 

Yet-y truly pours