JIM MATTOX 

Attorney General 

S.upreme Court Building 

P. 0. BOX 12548 

Austln, TX. 78711. 2548 

512/475-2501 

Telex 91Wa7C1387 

Telecopier 51214750266 

714 Jackson, Suite 700 

Dallas, TX. 75202-4506 

214,742.8944 

4824 Alberta Ave., Suite 160 

El Paso, TX. 79805-2793 

9151533.3454 

1001 Texas. suite 700 

Houston, TX. 77002.3111 

713/223-5888 

806 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

ao6/747-5238 

4309 N. Tenth, Suite S 

McA,len. TX. 78501-1885 

5121882.4547 

200 Main Plaza. Suite 400 

sari Antonio, TX. 782052797 

512/2254191 

A,, Equal Opportunityl 

Affirmative Action Employer 

The Attorney General of Texas 

I'ebruasy 21, 1986 

Honorable Sam D. Millsap, Jr. 

District Attorney 

Bsxar County Couri:h.ousc 

San Antonio, Texar~ 78205 

Opinion No, JM-436 

Be: Computation of good time 

credits under article 5118a, 

V.T.C.S., and manual labor 

credits under article 43.10, 

Code of Criminal Procedure 

Dear Mr. Millsap: 

You request mr opinion in regard to time credits which may be 

awarded to a prjsoner sentenced to county jail. Your particular 

concern is whethex, a county inmate may receive good time credits under 

article 5118a, V.:i..C.S., or manual labor credits under article 43.10 

of the Code of Criminal Procedure or both. Two prior opinions have 

addressed this prti,lem and have reached different conclusions. See -- 

Attorney General Cpinions JM-73 ~(1983); MW-497 (1982). 

Article 5118a, V.T.C.S.. provides in part: 

Commutation of tims for good conduct, industry and 

obedience may be granted the inmates of each 

county jail by the sheriff in charge. A deduction 

In time not to exceed one (1) day for each day of 

the orig,inal sentence actually served may be made 

from the term or terms of sentences when no charge 

of misconduct has been sustained against the 

prisoner. . . . No other time allowance or 

credits in addition to the commutation of time for 

good cor.duct herein provided for may be deducted 

from tha! term or terms of sentences. (Emphasis 

added). 

The statute grants a sheriff discretion in making such an award. See 

Kopeski V. Martin, 1529 S.W.2d 743. 746 (Tex. Grim. App. 1982). On the 

other hand, article, 43.10 of the Code of Criminal Procedure provides 

in part: 

Where the punishment assessed in a conviction 

for mi&emeanor is confinement in jail for more 

than one day, or where in such conviction the 

punishment is assessed only at a pecuniary fine 

p. 1996 
Honorable Sam D. Millsap, ;'r, - Page 2 (m-436) 

and the party SC, convicted is unable to pay the 

fine and costs adjudged against him, those so 

convicted shall be required to do manual 

labor. . . . 

. . . . 

6. For each d,ay of manual labor. in addition 

to any other credits allowed by law, a prisoner is 

entitled to have: one day deducted from each 

sentence he is sc:rving. (Emphasis added). 

Attorney General Opinion MW-497 (1982) discussed House Bill No. 

647 of the Sixty-seventh L~,&lature which amended both article 43.10 

of the Code of Criminal Prxedure and 5118a, V.T.C.S. See Acts 1981, 

67th Leg., ch. 708, at 261.7. The opinion concluded that when the 

legislature added the abcve underlined language of article 43.10, 

which was a totally new provision, that language should be read 

together with the above underlined portion of article 5118a; and 

therefore concluded that II prisoner would be entitled to both good 

time credits and manual labor credits so long as it would not exceed 

two-thirds ofhis sentence. See Attorney General Opinion MW-497 

(1982). 

- 

However, a year later, the attorney general considered the 

question again in Attorney General Opinion JM-73 (1983). In this 

opinion, the office considered additional legislative history, and 

concluded that the Sixty-seventh Legislature intended to limit credits 

for jail sentences. See Attorney General Opinion JM-73 (1983). The 

attorney general reasoned 1:h.at the language "[n]o other time allowance 

or credits" in article 5118a was a limitation which has remained a 

part of the statute since it was first enacted in 1955 and was clear 

and unambiguous. Id. The additional legislative history revealed 

that the Texas BGe 01' Representatives sought to change this 

language, but the final version, which was passed by both houses, left 

the sentence intact. See Engrossed Third Reading of H.B. No. 647, 

Bill File for H.B. No. 647, 67th Leg., Legislative Reference Library. 

Accordingly, the cor~clusiou was that a county jail inmate may receive 

either good time credits under article 5118a, V.T.C.S., or manual 

labor credits under article 43.10 of the Code of Criminal Procedure, 

but not both. Attorney General Opinion JM-73 (1983). 

We believe that Attorney General Opinion JM-73 (1983) is correct 

and agree with its holding;. To the extent Attorney General Opinion 

hW-497 (1982) conflicts wil:h, this holding, it is overruled. 

SUMMARY 

A county jail inmate may receive good time 

credits under article 5118a, V.T.C.S., or manual 

p. 1997 
Honorable Sam D. Millsap, Jr. - Page 3 (JM-436) 

labor credits urder article 43.10 of the Code of 

Criminal Procedure, but not both. Attorney 

General Opinion MN-497 (1982) is overruled to the 

extent it conflicts with this result. 

Very/truly yours) , 

JIM MATTOX 

Attorney General of Texas 

JACK HIGRTOWRR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attornsy General 

ROBERT GRAY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 1998