# TheAttorney Generalof

# Texas May6, 1982 MARK WHITE Attorney General

Supreme Court Building P.0. Box12546 Austin, TX. 76711. 2548 5121475-2501 Telex 9101674-1367 Telecopier 51214750266

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AnEqual Opportunity/ Affirmative Action Employer Honorable Reynaldo S. Cantu, Jr. Criminal District Attorney Cameron County Hall of Justice 974E.Harrison Street Brownsville, Texas 78520 Dear Mr. Cantu: Opinion No.W-465 Re: Compensation of county for transporting prisoners to Texas Department of Corrections

Youask whether acontract can be entered into between the Texas Department of Corrections and Cameron County which would allow the county sheriff to be compensated on a "credit barter system" for expenses incurred in the transportation of prisoners from Cameron County to the state penitentiary. This would allow the sheriff of Cameron County to purchase items' of personal property that are manufactured bythe Texas Department of Corrections, andpayment would be credited by the amount of costs incurred by the sheriff in transporting prisoners. Article 6166r. V.T.C.S.. deals with the transportation of prisoners andcosts incurred, andprovides as follows:

Themanager [nowthe Director of the Department of Corrections] shall makesuitable provision and regulations for the safe andspeedy transportation of prisoners from counties where sentenced to the State penitentiary by the sheriffs of such respective counties if such sheriffs are willing to perform such services as cheaply as said commissio" can have it done otherwise. Said transportation shall be on State account.... (Emphasis added). Thestatute indicates clearly andunambiguously the source of payment. InAttorney General Opinion MW-218(1980). this office concluded that: the Texas Department of Corrections Is responsible

for the agreed cost of transporting prisoners from a county to a (Emphasis added). facility of the Department.

p. 1623Honorable Reynaldo S. Cantu, Jr. - Page 2 (!fW-465)

Attorney General Opinion O-1808 (1940). in referring to article 6166r. V.T.C.S.. stated:

Under this statute he [the Director of the Department of Corrections] would have the authority to employ the sheriff of a county in which a person was convicted to transport such person to the penitentiary after his conviction upon such terms and for such compensation as was reasonable, andat the sametime agreeable to said manager and tothe sheriff soemployed. The question is whether the “terms” and “compensation” agreed upon between the Texas Department of Corrections and Cameron County can include acontract providing for a “credit barter system” as ameans of compensation. Inorder to resolve this question, wemustlook toarticle 6203c, section 9(l), V.T.C.S., which provides for the disposition of monies collected in the sale ofprison-made products:

All monies collected by the Texas Department of Corrections from the sale or disposition of articles and products manufactured or produced by prison labor in accordance with the provisions of this Act, shall be forthwith deposited withythe State Treasurer to be kept andmaintained in the industrial revolving fund authorized by this Act, and such monies so collected and deposited shall be used solely for the purchase of rawmaterials, manufacturing supplies, equipment, machinery and buildings used to carry out the purposes of this Act, to otherwise defray the necessary expenses Gident thereto, including the employment of such necessary supervisory personnel as is unavailable in the prison inmate population, all of which shall be subject to the approval of the Texas Board of Corrections.... (Emphasis added). This section estsblishes an industrial fund which is self-supporting; the diversion of articles orproducts in exchange for compensation other than cash would eventually deplete the source available for the purchase of rawmaterials, etc. This is contrary to the expressed legislative mandate. In addition, by using the phrase
“all monies collected,” the legislature eliminated anyother method of payment. The applicable rule of statutory construction is that the expression of one is the exclusion of another. Exparte McIver, 586 S.W.2d 851, 856 (Tex. Grim. App. 1979).

p. 1624. . Honorable Reynaldo S. Cant", Jr. - Page 3 (Fw-465)

The transfer of articles and products to the counties is equivalent towithdrawing money from the industrial fund. It is our conclusion that compensation for the transportation of prisoners to the state facility wasnot acontemplated use for the monies deposited with the industrial revolving fund. Pursuant to article 6203c, section 9(l). all monies collected from the sale or disposition of prison-made goods mustbe deposited in the industrial revolving fund, and"used solely for the purchase of rawmaterials," etc. Wenote, however, that it might be possible for sheriffs to be reimbursed pursuant to article 4351b, V.T.C.S., the Miscellaneous Claims Act, as budgeted to the Comptroller of Public Accounts. General Appropriations Act, Acts 1981, 67th Leg., ch. 875, art. I, at 3383. SUMMARY

Under article 6166r, V.T.C.S., the authority given to the director of the Texas Department of Corrections to provide for the transportation of prisoners to the state facility does not include the discretion to contract on a "credit barter system" with the county that performs such services.

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Attorney General of Texas JOHNW.FAINTER,JR. First Assistant Attorney General RICHARDE.GRAYIII Executive Assistant Attorney General Prepared byPatricia Hinojosa & AnnKraatz Assistant Attorneys General APPROVED: OPINIONCOMMITTEE Susan L. Garrison, Chairman Rick Gilpin Patricia Hinojosa AnnKraatz JimMoellinger

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