‘8’XXE A%‘X”FOWNEY GXCNERAL 

OF TEXAS 

AIJH'I-IN II. TIGSUI 

PRICE DANIEL 

.ATT”RNl!Y OENERAI. 

August 9, 1951 

Hon. James R. Strong Opinion No. V-1232 

County Attorney 

Panola County Rer Several. questions reCarthage, Texas apecting contra&e for 

meals for prisoners in 

D8ar Sir: tl.0 county jail. 

You have m@iested an opinion on the foliowing 

questlonsr 

“1, May a county having between 19,000 

and 20,303 population pay the sheriff 4.75 a 

day per prisoner and $2.50 a day for a Suara 

or matron? 

“2 , Where a county pays $.75 per prleoner per dog to a man who feeds the pri8oner8, 

tnag lt hire the mein’s wife as a euara or matron 

at the rate of $2.50 a day? 

“3. May the sheriff make a contract for 

some person to furnish aooked meals to all the 

priaonsre for the pribe of $ .75 per head per 

day rscardless of and without refergnce to the 

number oi’ meals actually fynlahea? 

The sheriff of Pano1.a County is cC4Upeneated on 

a salary hasls. (Tex. Const., Art. XVI, Sec. 61.) Tharefore, your request is answered in part by Attorney Oeneral’s Opinion V-359 (1.947)) wherein it is stateac 

“Article 6871, V.C.S., authorizes the 

employment of a jail matron. Article 1.041, 

V.O.C.P., as amended by H.B. 540, Acts, of 

the 50th Leg., p. 1.66, Vernon’s Texas Session Law Service, provides for 0 maxlmuni 

compensation for each matron necessarily 

employed for the safekeeping of prisoners 

in counties of 40,000 or less inhabitants 

of Two Dollars and Fifty Cents ($2.50) 

::;f $k 

Cooper v. Johnson County 21.2 

State v. Crrnes, 1.06 S.W.f2a) 

397 l 

l 
Hon. James R. Strong, page 2 (V-1232) 

“We quote the following from Attorney 

General’s Opinion No. O-1242: 

“In anewer to your secona questlon, you 

are advised that ever since January 1, 1936, 

the effective date of Chapter 465, Acts of 

the Second Cnl.l.ed Session of the Forty-fourth 

Leglsl.atur$, generally known as the “Offlcere 

Salary Act this office has consistently hc1.d 

that where i sheriff 1s compensated on a Sal.- 

ary basis, the Commlasionera Court 1s unauthor- 

‘lzed to pay any fee whatsoever for services 

performed and cannot allow him any apeclfled 

sum for the boarding of prisoners, but only 

for actual. expenses incurred by him in feeding the prisoners in his custody.’ 

“The above holding was followed in Attorney General’s Opinion No. O-2379. In view 

of the foregoing, your thlrd question is answered in the negative, and you are advised 

that where the sheriff is compensated on a 

salary basis, the Commlsslonerst Court can 

not allow him any specific sum for the boarding of prisoners, but only for actual. expenses 

incurred by him in feedine the prlsoners in 

his custody. 

“This office has repeatedly held that the 

sheriff has the authority and 1s authorized 

by statute to feed and purchase al.]. suppl.les 

necessary for the maintenance of prisoners and 

that such authority 1s not conferred upon the 

Commissioners t Court, either directly or indlrect1.y. Attorney General’s Opinions Ros. 

O-329, o-1.228 and O-4377. 

“Since lt is the duty of the sheriff to 

feed the prisoners, it is our oplnioh that he 

le authorized to purchase their meals from a 

cafe if he deems that it 1s the best method 

to be used in feedlng the prisoners. The 

Comlssioners I Court 1s authorized to pay the 

sheriff for actual. expenses incurred by him 

in feeding the prIsonerR.” 

In view of the foregoing, you are adVISea that 

the county Is not authorised to pay the sheriff a specific 

sum for feeding prisoners, but the sheriff must be pa id 

his actual and necessary expenses Incurred in the f’e:diW 

of prisoners. The sheriff may empl.oy Guards or matron? 
Hon. James R. Strong, page 3 (V-1232) 

for the safe keeping of prisoners In accordance with the 

provisions of Article 6871, V.C.S. The compensation of 

the guard or matron is roverned by the provisions of Article 1041, V.C.C.P., and the maximum compensation that 

may be paid such employee is $2.50 per day. 

We know of no statutory provision prohibiting 

more than one member of a family from being ‘employed by 

the county. Whether the person furnishing the meals to 

county prisoners be regarded as an independent contractor 

or as an employee under contract with the sheriff would 

not prevent the employment of his wife as guard or matron. 

In answer to your third question, you are advised that the sheriff may contract with an Individual to 

furnish meals at a flat dally rate per prisoner if he deems 

that it is the best method to be used in feeding the prinoners . 

SUNMARY 

The commissioners’ court is not authorized to all.ow the sheriff any specific 

sum for the boarding of prisoners, but only 

the actual. expenses Incurred by him in feeding the prisoners in his custody, whether by 

a contract with an individual. at a flat dally 

rate per prisoner, or otherwise. The sheriff 

may employ guards or matrons for the safe 

keeping of prisoners in accordance with the 

provisions of Article 6871, V.C.S., and the 

compensation of such guards or matrons Is 

governed by the provisions of Article 1.041, 

V.C.C.P., which limits the maximum compensetion to be paid such employees to $2.50 per 

day. Att’y Gen. Op. V-759 (1947). 

,The county Is authorized to hire 8s a 

matron the wife of the Individual with whom 

the sheriff hzs contracted to feed the prlsoners, there being no statutory provision 

prohibiting the employment of more than one 

member of a family by the county. 

APPROVED: 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Everett Hutchinson 

Executive Assistant 

Charles D; Mathews 

First Assistant 

JR:w 

Yours very truly, 

PRICE DARIEL 

Attorney General 

./ ,, 

Llr ‘, /‘/J&.-g? 

John Reeves 

Assistant