OFPlCE OF THE ArroRNE” GENERAL. STATE OF TEX+.S

JOHN CORNYN

Ms. Susan A. Spataro, C.P.A., C.M.A Travis County Auditor P.O. Box 1748 Austin, Texas 18767
Dear Ms. Spataro: May 22,200O

Opinion No. JC-0222 Re: Clarification of Attorney General Opinion JC-0102 (1999) (RQ-OlS7-JC)

You seek clarification ofAttorney General Opinion JC-0102 (1999), which addressed issues raised in your request letter of September 29, 1998. See Letter from Ms. Susan A. Spataro, C.P.A., C.M.A., Travis County Auditor, to Honorable Dan Morales, Attorney General of Texas (Sept. 29, 1998) (on file with Opinion Committee) [hereinafter “Request Letter I”]. Attorney General Opinion JC-0102 considered whether the Travis County Clerk had a duty to seek reimbursement from other counties for the costs of proceedings for involuntary mental health services conducted by a Travis County probate court, where another county was responsible for those court costs. See Tex. Att’y Gen. Op. No. K-0102 (1999). On the understanding that Travis County had already paid the costs ofthese proceedings and now wished to recover its expenditures from the county responsible for the costs, we determined that the reimbursements were not “court costs,” which the county clerk as clerk of the probate court might otherwise have aduty to collect from the responsible county, and concluded as follows: The county clerk does not have astatutory duty to collect the reimbursements to which acounty may be entitled for mental health services proceeding costs actually paid by the county, but the commissioners court may delegate that responsibility to an appropriate county official. 

### Id. at 5.You now explain that Travis County does not pay the court costs before it seeks payment from another county. See Letter from Ms. Susan A. Spataro, C.P.A., C.M.A., Travis County Auditor, to Honorable John Comyn, Attorney General ofTexas (Dec. 3,1999) (on file with Opinion Committee) [hereinafter “Request Letter II”]. You referred to the collection process as a
“reimbursement” to describe the transaction in accounting terms and did not use this word in its ordinary sense. See 

### id. at 1; see also XIII OXFORDENGLISHDICTIONARY534 (2d ed. 1989) (“reimburse”means “[t]o repay ormake up to one (asum expended)“). “Travis County does not pay (or make a corresponding accounting entry on its books) the ‘court costs,’ but relies on an oral orMs. Susan A. Spataro, C.P.A., C.M.A. - Page 2 (JC-0222)

written representation by a ‘responsible county’ that ‘court costs’ will be paid upon receipt of a Clerk’s cost bill.” Request Letter II, supra, at 2. You enclose an example of another county’s promise to pay court costs. It is awritten request from aBexar County probate judge to a Travis County probate judge asking the Travis County judge to hold acommitment hearing on aresident of Bexar County in aTravis County facility and stating that the court costs should be billed to the Bexar County Clerk’s Office. Travis County wishes torecover “court costs” from counties that have accepted responsibility to pay these costs, but those counties are unwilling to pay without aclerk’s cost bill. You ask two questions related to the subject matter ofAttorney General Opinion JC-0102. You first ask whether the county clerk of acounty with astate hospital has astatutory duty to collect court costs to which acounty may be entitled for mental health services proceedings ifno county has paid the court costs. Section 571.018(b) ofthe Health and Safety Code requires the clerk of the court in which amental health services proceeding isheld tobill the responsible county forthe costs ofthe proceeding. You also ask whether the costs listed under section 571.018 ofthe Health and Safety Code are court costs and whether the county clerk has aduty to collect such costs. We conclude that the county clerk has a duty to collect these costs. The following facts provide the background for your inquiry about the clerk’s responsibility with respect to the collection ofthe court costs: The Austin State Hospital, located inTravis County, serves a “catchment area” of thirty-six counties within the state’s mental health system. Request Letter I, supra, at 1; see TEX. HEALTH& SAFETYCODEANN. 5 552.001 (Vernon 1992) (the Department ofMental Health and Mental Retardation shall divide the state into hospital districts and designate the state hospitals to which persons with mental illness from each district shall be admitted). Travis County provides resources to the other counties within the catchment area by conducting mental health cases for individuals for whom the other counties are financially responsible. See Request Letter I,supra, at 1. The Travis County Clerk formerly sent abill ofcosts to the responsible county, but in early 1998 she stopped seeking costs from counties inthe catchment area other than Travis County, believing that the clerk had no duty to seek the costs. See 

### id. Thus, you wish to know whether the clerk has a duty to send out abill of costs to the other counties. The Texas Mental Health Code, codified as subtitle C of title 7, Health and Safety Code, provides for access to care and treatment formentally illpersons. See TEX.HEALTH&SAFETY CODE ANN. chs. 571 - 577 (Vernon 1992 & Supp. 2000). Chapter 574 of the Health and Safety Code governs proceedings for court-ordered mental health services. Acounty or district attorney or other adult may tile an application for court-ordered mental health services for an individual. See 

### id. 9574.001 (Vernon Supp. 2000). All applications for court-ordered mental health services “shall be filed onbehalf ofthe State ofTexas.” 

### Id. 5571.0166. The application must be filed with the county clerk in the county in which the proposed patient resides, is found, or is receiving mental health services by court order or pursuant to apprehension by a police officer under Health and Safety Code, chapter 573, subchapter A. See 

### id. 5 574.001(b). A court has personal jurisdiction over an individual’s commitment for mental health services, where he isfound inthe county where the court sits. 

### See Goldwait v.

### State, 961 S.W.2d 432, (Tex. App.-Houston [1stDist.] 1997, no writ); see alsoMs. Susan A. Spataro, C.P.A., C.M.A. - Page 3 (JC-0222)

TEX.HEALTH&SAFETYCODEANN.4574.03 l(c) (Vernon Supp. 2000) (proposed patient isentitled to be present at the hearing, unless he or his attorney waives this right). Section 571,018 ofthe Health and Safety Code lists various costs ofahearing orproceeding under the Texas Mental Health Code and subsection (a) of that section provides that they shall be paid by: (1) the county that initiates emergency detention procedures

under Subchapter AorB,Chapter 573 [temporary detention ofperson believed tobe mentally ill, where there is asubstantial risk of serious harm to the person or others]; or (2) if no emergency detention procedures are initiated, the county that accepts an application for court-ordered mental health services, issues anorder forprotective custody, or issues an order for temporary mental health services. TEX.HEALTH& SAFETYCODEANN. 5571.018(a) (Vernon Supp. 2000). Pursuant to this provision, the county “that accepts an application for court-ordered mental health services, issues an order forprotective custody, orissues an order fortemporary mental health services” isresponsible for the costs ofthe proceeding, including the cost offiling the petition, Tex. An’y Gen. Op. No. JC-0102 (1999) at 2. Section 571.018(b) further provides that:

The county responsible for the costs of a hearing or proceeding under Subsection (a) shall pay the costs of all subsequent hearings or proceedings for that person under this subtitle until the person is discharged from mental health services. The 

### costsshall be billed by theclerk ofthe court conducting thehearings. TEX.HEALTH& SAFETYCODEANN. 4 571.018(b) (Vernon Supp. 2000) (emphasis added). The italicized language was added by the 76th Legislature. Act of May 28, 1999, 76th Leg., R.S., ch. 1512, 4 1, 1999 Tex. Gen. Laws 5233,5234. In answer to your first question, section 571.018 now expressly requires the clerk of the court to bill the responsible county for the costs of the mental health services proceeding. As to your second question, you ask whether the costs listed under section 571.018 of the Health and Safety Code are court costs and whether the county clerk has aduty to collect such costs. This question seeks clarification of the statement in Attorney General Opinion JC-0102 that “the reimbursements are not ‘court costs,’ which the county clerk as clerk of the probate court may otherwise have a duty to collect from the responsible county.” Tex. Att’y Gen. Op. No. JC-0102Ms. Susan A. Spataro, C.P.A., C.M.A. - Page 4 (JC-0222)

(1999) at 3. This statement reflects the premise of Attorney General Opinion JC-0102 that Travis County had already paid the court costs and was seeking reimbursement for expenditures. It does not address court costs that have never been paid. The costs of amental health services proceeding payable by the responsible county include those enumerated in section 571.018(c) of the Health and Safety Code: (1) attorney’s fees; (2) physician examination fees; (3) compensation for court-appointed personnel listed under Section 571.017 [court shall order payment of reasonable compensation to attorneys, physicians, language interpreters, sign interpreters, and masters]; (4) expenses oftransportation to amental health facility orto a federal agency not to exceed $50 if transporting within the same county and not to exceed the reasonable cost of transportation if transporting between counties; (5) costs and salary supplements authorized under Sections 574.03 l(i) and (j) [for ajudge who holds hearings at locations other than county courthouse]; and (6) prosecutor’s fees authorized under Section 574.031(k). TEX.HEALTH& SAFETYCODEANN. $571.018(c) (Vemon Supp. 2000); see also 

### id. 5574.010(b) (Vernon 1992) (ifproposed patient is indigent, court may order county ofresidence topay expenses of expert testimony). Itisnot necessary to determine whether the various costs listed under section 571,018 ofthe Health & Safety Code are “court costs” subject to being collected by the county clerk, because the provision expressly states that these costs “shall be billed by the clerk of the court conducting the hearings.” 

### Id. $571.018(b) (Vernon Supp. 2000). In answer to your second question, we conclude that the county clerk has aduty to collect from the responsible county the costs listed under section 571.018 of the Health and Safety Code. See 

### id. 5571.018(b); TEX. R. CIV. P. 129, 130 (clerk’s duties ifresponsible party fails to pay costs).Ms. Susan A. Spataro, C.P.A., C.M.A. - Page 5 (JC-0222)

SUMMARY Attorney General Opinion JC-0 102 (1999) was based on the understanding that Travis County had paid the costs taxed in certain mental health services proceedings conducted in the county where another county was responsible forpaying the costs. Its conclusions as to the clerk’s duty to seek reimbursement of those costs from the other county must be read in connection with that premise. Section 571.018(b) ofthe Health and Safety Code requires the clerk ofthe court inwhich amental health services proceeding isheld tobill the costs ofthe proceeding to the county that isresponsible for paying those costs. The county clerk has a duty to collect from the responsible county the costs listed under section 571.018 of the Health and Safety Code.

Attorney General of Texas

ANDY TAYLOR First Assistant Attorney Genera1 CLARK KENT ERWIN Deputy Attorney Genera1 - General Counsel ELIZABETH ROBINSON Chair, Opinion Committee Susan L. Garrison Assistant Attorney General - Opinion Committee