Honorable James E. Barlow 

Criminal District Attorney 

Opinion No. c-375 

Bexar County Courthouse Re: Whether, in a criminal 

San Antonio, Texas case on change of venue, 

the county from which 

venue is changed must 

reimburse the county in 

which the trial is held 

~~~~:z%:Kyses 

I expenses (Art. 

1038 C.C.P.); and fee 

for ap ointed counsel 

Dear Mr. Barlow: (Art. &&a C.C.P.)? 

You have requested an opinion "as to what expenses, 

incurred by a county to which change of venue is made under 

Art. 560 c.c.P., must be reimbursed by the county from which 

venue was changed." You state that there are three specific 

s~~~~~~O~fe~P,~~~~~r~~~*~ 

ou are interested in, to-wit: (1) 

Food and Lodging of Jurors; and 

Corn ensation of Appointed Counsel. We will deal with 

each class in the above order. 

Articles 560 to 563, Vernon's Code of Criminal 

Procedure, provide for a change of venue under certain 

circumstances. 

(1) EXPENSES OF PRISONERS: Vernon's Code of 

Criminal Procedure contains five Articles that govern expenses 

of prisoners from another county. Article 1037 recites: 

"Each county shall be liable for all expense 

incurred on account of the safe keeping of prisoners 

confined in jail or kept under guard, except prisoners 

brought from another county for safe keeping, or on 

habeas corpus or change of venue; in which cases, the 

county from which the prisoner is brought shall be 

liable for the expense of his safe keeping." (Emphasis 

added) 

-1781- 
Hon. James E. Barlow, page 2 (C-375) 

Article 1040 recites in part: 

"For the safe keeping, support and maintenance 

of prisoners confined in jail or under guard, the 

sheriff shall be allowed the following charges: 

n . . . 

"2 . For support and maintenance, for each 

prisoner for each day such an amount as may be 

fixed by the commissioners court, provided the 

same shall be reasonably sufficient for such 

purpose, and in no event shall it be less than 

forty cents per day nor more than seventy-five 

cents per day for each prisoner. The net 

profits shall constitute fees of office and 

shall be accounted for by the sheriff in his 

annual report as other fees now provided by 

law. The sheriff shall in such report furnish 

an itemized verified account of all expenditures 

made by him for feeding and maintenance of 

prisoners, accompanying such report with 

receipts and vouchers in support of such items 

of expenditure, and the difference between such 

expenditures and the amount allowed by the 

commissioners court shall be deemed to constitute 

the net profits for which said officer shall 

account as fees of office. 

“3 . For necessary medical bill and 

reasonable extra compensation for attention 

to a prisoner during sickness, such an amount 

as the commissioners court of the county where 

the prisoner is confined may determine to 

just and proper. 

case i!'death." 

For reasonable funeral expenses 

Article 1042 states: 

be 

in 

"The sheriff shall pay the expenses of 

jurors impaneled in cases of felony (except 

when they are paid by the juror himself), the 

expenses of employing and maintaining - a guard, 

ing articles. 

-i782- 
Hon. James E. Barlow, page 3 (C-375) 

Article 1048 provides: 

"If the expenses incurred are for the safekeeping and maintenance of a prisoner from 

another county the sheriff shall make out a 

separate acco& therefor, and submit the same 

to~the county judge of his county, who shall 

carefully examine the same, write thereon his 

approval for such amount as he finds correct 

and sign and date such approval officially." 

(Emphasis added) 

Article l&p reads as follows: 

"The account mentioned in the preceding, 

article shall then be presented to the commissioners court of the county liable for the same, 

at a regular term of such court; and such court 

shall, if the charges therein be in accordance 

with law, order a draft issued to the sheriff 

upon the county treasurer for the amount allowed." 

-(Emphasis added) 

It is our opinion that all of the above articles are 

to be considered together in determining the liability for 

exnenses of nrisoners from another county. Certainly the 

the county in which the criminal action originated. 

(2) FOOD AND LODGING OF JURORS: Vernon16 Code of 

Criminal Procedure also contains four Articles that govern 

the expenses of a jury that has been impaneled to hear a case 

on change of venue from another county. Article 1038 states: 

"The Sheriff of each County shall, with the 

approval of the Commissioners Court, provide food 

and lodging for jurors empaneled in a felony case 

and jurors so empaneled shall be paid as other 

jurors are paid, in addition to such food and 

lodging e ” (Emphasis added) 

Article 1042, Vernon's Code of Criminal Procedure, recites: 

"The sheriff shall pay the expenses of jurors 

impaneled -in cases of felony [except when they are 

paid by the juror himself), the expenses of employing 

and maintaining a guard, and to support and take care 

-1783- 
Hon. James E. Barlow, page 4 (c-375) 

of all prisoners, for all of which, he shall be 

reimbursed by the proper counte according to 

the rates fixed in the two preceding articles." 

(Emphasis added) 

Article 1050, Vernon's Code of Criminal Procedure, reads 

as follows: 

"In all causes where indictments have been 

presented against persons in one county and such 

causes have been removed by change of venue to 

another county, and tried iherein, the county from 

which such cause is removed shall be liable for all 

expenses incurred for pay of jurors in trying such 

causes." (Emphasis added) 

Article 1051, Vernon's Code of Criminal Procedure, provides: 

The foregoing Articles taken together clearly state 

that the County from which venue has been changed, shall pay 

for the jurors' food and lodging. 

(3) COMPENSATION OF APPOINTED COUNSEL: Article 494a 

of Vernon's Code of Criminal Procedure, clearly states that 

appointed counsel shall be paid by the County wherein such trial 

is held. Article $#+a recites in part: 

n The fee allowed counsel shall be paid 

by the'co&ty wherein such trial is held and such 

sum to be paid from county funds, where such funds 

are available. 

11 

. . . ' (Emphasis added) 

In a trial tried on change of venue from another 

county, the county in which the criminal action originated is 

responsible for the expenses of the prisoner and the costs of 

-i784- 
Hon. James E. Barlow, page 5 (c-375) 

,food and lodging for the jurors. However, the county wherein 

the trial is held is responsible for the compensation of 

appointed counsel. 

The county in which a case originated is 

liable for the expenses of keeping the prisoner 

and for the costs of food and lodging for the 

jurors where such case ;Ew,";;;d fn another county 

on a change of venue. III such a case, 

the county wherein the trial ii held is liable for 

the compensation of appointed counsel. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

By & "w-- 

Roy B. Johnson 

Assistant 

RBJ:sj 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Howard Fender 

Malcolm Quick 

Kerns Taylor 

James Strock 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

-i785-