JIM MAlTOX 

Attorney General 

Supreme Court BulldIng 

P. 0. BOX 12549 

Austln, TX. 78711-2548 

512,4752501 

Telex 9101874-1387 

Telecopier 512t475-02S8 

714 Jackqon, Suite 700 

Dallas. TX. 752G2-45oa 

21U742-9944 

4824 Alberta Ave., Suite 180 

El Paso, TX. 79905-2793 

915/533.34a4 

1001 Texas. Suite 700 

Houston. TX. 77002.3111 

7~3l223eaa5 

SW Broadway. Suite 312 

Lubbock. TX. 79401.3479 

8081747.5235 

4399 N. Tenth, Suite B 

McAllen, TX. 785011885 

512N2.4547 

2W Main Plus, Sulto 400 

Son Antonlo. TX. 78205-2797 

512/225.4191 

An Equal Opportunltyl 

AfflrmNlve Action Employer 

The Attorney General of Texas 

April 28. 1986 

Honorable Dale llama 

Johnson County Attorney 

1st Floor, Courthouse 

Cleburne, Texas 76031 

opinion No. JM-487 

KS: Liability of a county for the 

hospital expenses of county nonresidents who commit an offense in 

a different county 

Dear Mr. Banns: 

You have requested our'opiaion regarding the liability of Johnson 

County for the medical expenses incurred by two indigent prisoners who 

are not residents of the county. The two prisoners were injured by 

law enforcement officials In Hopkins County. You have also informed 

us that the two prisoners were treated at the Franklin County Hospital 

in Mount Vernon and the Parkland Memorial Hospital in Dallas. They 

were transferred to the Johnson County Jail to await trial on 

aggravated kidnapping charges instituted by the Johnson County 

District Attorney. Cne of the prisoners is a resident of Dallas 

County and the Dallas County Hospital District and the other is a 

resident of Tarrent County and the Tarrant County Hospital District. 

As a preliminary consideration , the liability of a county for the 

care of Its Indigent sick and prisoners is now governad by article 

4430f, V.T.C.S., and article 104.002 of the Code of Criminal 

Procedure. However, article 443Sf. the Indigent Health Care Treatment 

Act, provides that any health care assistance provided before 

September 1, 1986. is governed by the law and practice "in effect at 

the time that assistance [was] provided." See Acts 1985, 69th Leg., 

1st C.S., ch. 1, S15, at 46, eff. Aug. 29.1985. Consequently, this 

act is inapplicable to your request. Article 104.002 of the Code of 

Criminal Procedure is a recodification of several procedural statutes, 

including articles 1037 and 1040 of the code, which governed the 

liability of a county for the care and treatment of indigent 

prisoners. =Code Grim. Proc. arts. 1037, 1040, zealed by Acts 

1985. 69th leg., ch. 269, II. at 2324, eff. Sept. 1, 1985. 

This office has concluded in two prior opinions that the hospital 

district of which the indigent prisoner Is a resident, rather than the 

county of incarceration, fs liable for the medical care and treatment 

of an indigent prisoner. See Attorney General Opinions H-703 (1975); 

M-807 (1971). In.Attorney-cneral Opinion M-870 (1971). the Attorney 

p. 2228 
Honorable Dale Hauna - Page 2 (JIG487) 

General considered the liability of a county for the medical expenses 

of an Indigent prisoner whose residence was in a hospital district 

which included the county. Although the prisoner was provided' 

services in a hospital located in a second hospital district, the 

opinion concluded that 

the district of the residence of the indigent 

orisoner . . . is liable for the medical bills 

incurred in his treatment, notwithstanding the 

fact that he was a prisoner in the custody of the 

county sheriff, and further notwithstanding the 

fact that he was treated outside the boundaries of 

that Hospital District. (Emphasis added). 

Id. at 5. The rationale for this conclusion was that repealed 

articles 1037 and 1040 of the Code of Criminal Procedure must yield to 

the express broad language in section 9 of article IX of the Texas 

Constitution. Sea Tex. Const. art. 

Grim. Proc. art8. 

IX. 19; see also repealed Cede 

1037, 1040; Attorney General Opinion H-703 (1975). 

Thus, we can conclude that the hospital districts of the residecce of 

each of the two indigent prisoners are liable for the medical bills. 

SUMMARY 

The liability of a county for the care of its 

indigent prisoners for medical bills incurred 

before September 1. 1985 is governed by fomsr 

articles 1037 and 1040 of the Code of Criminal 

Procedure and article IX, section 9 of the Texas 

Constitution. Ender those provisions, Dallas 

County Hospital District and the Tarrant County 

Hospital District, rather than Johnson County, are 

liable for the medical bills of 'their resident 

indigent prisoners incarcerated in Johnson County. 

JIM MATTOX 

Attorney General of Texas 

JACKHIGHTOWRR 

First Assistant Attorney General 

MARY KELLER 

Executive Asslstaht. Attorney General 

p. 2229 
Honorable Dale Hanna - Page 3 (JM-487) 

ROBERT GRAY 

Special Assistant Attorney General 

RICK GILPIN 

Cheirman, Opinion Committee 

Prepared by Tony Guillory 

Assistant Attorney Genaral 

p. 2230