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 JohnsonCountyAttorney 1st Floor,Courthouse Cleburne,

Texas 76031 opinion No. JM-487 KS: Liability

of a county for the hospital expenses of county nonresidents

who commitan offensein a different

county Dear Mr. Banns: You have requested our'opiaion

regarding

the liability

of Johnson County for the medical expensesincurred by two indigent

prisoners

who are not residentsof the county. The two prisoners were injuredby law enforcement

officialsIn Hopkins County. You have also informed us that the two prisoners were treated

at the FranklinCountyHospital in Mount Vernon and the ParklandMemorialHospital 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 TarrentCountyand the TarrantCountyHospital District. As a preliminary

consideration

, the liability

of a county for the care of Its Indigent sick and prisoners is now governadby article 4430f, V.T.C.S., and article 104.002 of the Code of Criminal Procedure. However,article443Sf. **the** Indigent HealthCare Treatment Act, provides that any health care assistance provided before September1, 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 104.002of 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 officehas concluded in two prior opinions that the hospital district

of which the indigent prisonerIs a resident, rather than the county of incarceration, fs liable for the medical care and treatment of an indigent

prisoner. See AttorneyGeneralOpinionsH-703 (1975); **M-807** (1971). In.Attorney-cneral OpinionM-870 (1971). the Attorney

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

Generalconsidered the liability

of a county for the medical expenses of an Indigentprisonerwhose 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 opinionconcluded

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 prisonerin the custodyof the county sheriff, and further notwithstanding the fact that he was treatedoutsidethe boundaries of that Hospital

District. (Emphasis added). Id. at 5. The rationale for this conclusionwas that repealed articles 1037 and 1040 of the Code of Criminal Procedure

must yield to **the** expressbroad 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;AttorneyGeneralOpinionH-703 (1975). Thus,we can concludethat the hospitaldistricts of the residecce

of each of the two indigent prisoners

are liablefor 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 Procedureand article IX, section 9 of the Texas Constitution. Ender those provisions, Dallas County Hospital District and the Tarrant County Hospital

District,

rather than JohnsonCounty,are liable for the medical bills of 'their resident indigent

prisoners

incarcerated

in JohnsonCounty.

JIM MATTOX Attorney

Generalof Texas JACKHIGHTOWRR FirstAssistant

Attorney

General
**MARY** KELLER Executive

Asslstaht.

**Attorney** General

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

ROBERTGRAY Special Assistant

**Attorney** General RICK GILPIN **Cheirman,** OpinionCommittee Prepared

by Tony Guillory Assistant

**Attorney** Genaral

p. 2230