Honorable W. G. Woods, Jr. Opinion No. C-280 

County Attorney 

Liberty County Re: Whether it is the duty 

Liberty, Texas of the County or Diatrlct Attorney to represent individual petitioners in alcoholism commltment cases under Article 

Dear Mr. Woods: 5561c, V.C.S. 

You requested an opinion of this office on the following 

quest ion: 

“Is there a duty upon a County or 

District Attorney to represent an 

individual petitioner, not acting for 

a governmental agency, who files a 

petition under authority of Article 

5561c, v. c.s., asking that an alcoholic person be remanded for treatment to the custody of the Texas 

Commission on Alcoholism. ” 

Article 5, Section 21, Texas Constitution, provides 

as follows: 

“A County Attorney, for counties in 

nhlch there Is not a resident Criminal 

District Attorney, shall be elected by 

the qualified voters of each county, 

who shall be commissioned by the Governor, and hold his office for the term 

of four years. In case of vacancy the 

Commissioners Court of the county shall 

have the power to appoint a County 

Attorney until the next general election. The County Attorneys shall repre- 

,sent the State in all cases in the District and inferior courts in their respective counties; but if any county 

shall be included In a district In 

which there shall be a District Attory,t ne 

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. 

Honorable W. G. Woods, Jr., Page 2 (Opinion No. c-280) 

Attorneys and County Attorneys shall 

In such counties be regulated by the 

glslature. The Legislature may 

p:ovid for the election of District 

AttornEya in such districts, as may 

be deemed necessary, and shall hold 

office for a term of four years, and 

until their successors have qualifled." (Emphasis supplied.) 

Section 1 of Article 5561~ of Vernon's Civil Statutes, 

which provides for the care and treatment of alcoholica, sets 

forth the purposes of the Act and states: 

.Alcoholi.sm is hereby recognized aa an Illness and a public health 

problem affecting the general welfare 

and the economy of the State. 

It is hereby declared that the &&edure for commitment of alcoholics as 

hereinafter provided for is not punitive but Is a committal for treatment 

of an illness affecting not only the 

individual but the public welfare as 

well. " 

The emergency clause of the Act in question states, 

in part: 

II 

faci&i& 

and the fact that the State's 

are not adequate to treat and 

rehabilitate alcoholics; and the fact 

that there is no public problem more 

gency. . . -."(&mphasis supplied.) 

Section 9 of the Act provides for the remand of an 

alcoholic to the Commission on alcoholism for treatment, when 

It has been properly shown to the Court, upon petition filed 

by the alleged alcoholic's husband, wife, child, mother, 

father, next of kin, next friend, or the county health officer, 

that such person Is an alcoholic. Section 12 provides that 

the judge of the Court, upon finding a person guilty of a 

misdemeanor, which violation resulted from such person's 

chronic and habitual use of alcohol, may remand such person, 

if over eighteen years of age, to the Commission for care and 

treatment, in lieu of the imposition of the sentence. 

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Honorable W. G. Woods, Jr., Page 3 (Opinion No. 280) 

Article 5561~ clearly reveals that the State of Texas 

is an interested party in the care and treatment of alcoholics. 

As the Constitution provides that the County and District 

Attorneys shall represent the State In all cases in the courts, 

it is our opinion that it Is the duty of such officials to 

represent the State In alcoholism commitment cases, In answer to your specific question, as worded, we are unable to 

find a constitutional or statutory provision that places a 

duty upon a county or dist~rict attorney to represent private 

Individuals In Court. 

SUMMARY 

Under the provisions of the Act on Alcoholism (Article 5561.~2 of Vernon's Civil Statutes) it 

is the duty of county and district attorneys to 

represent the interest of the State of Texaa in 

alcoholic commitment cases. It is not ,&he duty 

of such officials to represent private individuals 

in Court. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

By: 

Assistant 

SK, GCC/JP 

APPROVED: 

OPINION COMMITTEE, 

W.. V. Geppert, Chairman 

Jerry Brock 

George Gray 

Lonnie Zwiener 

Arthur Sandlln 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone -1343-