## GXCNERAL

‘8’XXE A%‘X”FOWNEY 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, Maya 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 prle

### oner per dog to a manwhofeeds the 

### pri8oner8, tnaglt hire the mein’swife as a euara 

### ormatron at the rate of $2.50 a day?

“3. Maythe sheriff makea contract for someperson to furnish aooked meals to all the 

### priaonsre for

### the pribe of$.75 

### perhead 

### per day rscardless of andwithout refergnce to the number oi’ meals actually 

### fynlahea? The sheriff of Pano1.aCounty is cC4Upeneatedon 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 amendedby H.B. 540, Acts, of the 50th Leg., p. 1.66, Vernon’s Texas Session LawService, provides for 0 maxlmuni compensation for each 

### matronnecessarily employed 

### for the safekeeping of 

### prisoners in counties of 40,000 or less inhabitants of TwoDollars and Fifty 

### Cents ($2.50) ::;f $k 

### Cooper v. Johnson County 21.2

State v. Crrnes, 1.06S.W.f2a) 397 l lHon. James R. Strong, page 2 (V-1232)

“Wequote 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.edSession of the Forty-fourth Leglsl.atur$, generally knownas 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 

### feewhatsoever for services performed and cannot allow him any apeclfled sumfor 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 

### ofthe foregoing, your thlrd question is answered in the negative, andyou are advised that where the sheriff is compensated on a salary basis, the Commlsslonerst Court can not allow him any specific sumfor 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-1.228and 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 

### froma 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 paid his actual and necessary expenses Incurred in the f ’e:diW of prisoners. The sheriff mayempl.oyGuards 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 maximumcompensation that maybe paid such employee is $2.50 per day.

Weknow

### ofno statutory provision prohibiting more than one memberof 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 maycontract 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 sumfor 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 mayemploy guards or 

### matronsfor 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 maximumcompensetion to be paid such employees to $2.50 per day. Att’y Gen. Op. V-759 (1947). ,Thecounty 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 memberof 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, PRICEDARIEL Attorney General
./ ,, Llr ‘, / ‘/J&.-g? John Reeves Assistant