The Attorney General of Texas 

May 6, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2548 

5121475-2501 

Telex 9101674-1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas. TX. 752014709 

2141742.6944 

4624 Alberta Ave.. Suite 160 

El Paso. TX. 79905.2793 

9151533-3464 

1220 Dallas Ave., Suite 202 

Hou~to”. TX. 77002.6966 

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006 Broadway, Suite 312 

Lubbock. TX. 79401.3479 

6061747.5236 

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McAlle”. TX. 76501-1665 

5121662.4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205.2797 

5121225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable Reynaldo S. Cantu, Jr. 

Criminal District Attorney 

Cameron County Hall of Justice 

974 E. Harrison Street 

Brownsville, Texas 78520 

Dear Mr. Cantu: 

Opinion No. W-465 

Re: Compensation of county 

for transporting prisoners to 

Texas Department of Corrections 

You ask whether a contract 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 by the Texas Department of Corrections, and payment 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 and costs incurred, and provides as follows: 

The manager [now the Director of the Department 

of Corrections] shall make suitable provision and 

regulations for the safe and speedy 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). 

The statute indicates clearly and unambiguously the source of payment. 

In Attorney 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. 1623 
Honorable 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, and at the same time agreeable to said 

manager and to the sheriff so employed. 

The question is whether the “terms” and “compensation” agreed upon 

between the Texas Department of Corrections and Cameron County can 

include a contract providing for a “credit barter system” as a means 

of compensation. 

In order to resolve this question, we must look to article 6203c, 

section 9(l), V.T.C.S., which provides for the disposition of monies 

collected in the sale of prison-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 withy the 

State Treasurer to be kept and maintained in the 

industrial revolving fund authorized by this Act, 

and such monies so collected and deposited shall 

be used solely for the purchase of raw materials, 

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 or products in exchange for 

compensation other than cash would eventually deplete the source 

available for the purchase of raw materials, etc. This is contrary to 

the expressed legislative mandate. In addition, by using the phrase 

“all monies collected,” the legislature eliminated any other method of 

payment. The applicable rule of statutory construction is that the 

expression of one is the exclusion of another. Ex parte 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 to withdrawing money from the industrial fund. It is our 

conclusion that compensation for the transportation of prisoners to 

the state facility was not a contemplated 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 must be deposited in the industrial revolving fund, 

and "used solely for the purchase of raw materials," etc. 

We note, 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. 

=+ 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Patricia Hinojosa & 

Ann Kraatz 

Assistant Attorneys General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Rick Gilpin 

Patricia Hinojosa 

Ann Kraatz 

Jim Moellinger 

p. 1625