TY~A'ITORNEY GENERAL 

OF TEXAS 

June 14, 1939 

Honorable O.J.S. RIlIngson 

General Manager 

Texas ~Prlson System 

Huntsville, Texas 

Dear Sir: ODinion NO. 0-965 

R;: Does Texas~Prlson System have the 

right to deduct the cost of recapture and return to prison from any 

money the escaped prisoner may have 

on deposit with the System? 

ask 

We are in receipt of your opinion request wherein you 

us the following question: 

'Does Texas Prison System have the right to deduct 

the cost of recapture ,and return to prison from ang 

money the ~'escaped prisoner may have on deposit with 

the System?" 

In this regard~youmay be advised that the Constitution 

of the State of Texas, Article 1, Bill of Rights, Section 21, 

provides as follows: 

"No conviction shall work corruption of blood. or 

forfeiture of estate, and the estates of 

'chelr own lives. shali descend or vest as 

natural death." 

those who destroy 

In the case of 

Article 50 of the Revised Penal Code, 

follows: 

1925, provides as 

"When a convict 1s executed or ImprIsoned for life, 

there shall be no forfeiture of any kind to the State, 

nor shall any costs of the prosecution be collected from 

his estate." 

Article 51 of the Revised Penal Code of Texas, 1925, 

provides as follows: 

"When a convict Is Imprisoned in the penitentiary, 

his property shall be controlled as directed by law; 

but there shall In no criminal case be a forfeiture of 

any kfnd to the State." 
Honorable O.J.S. Elllngson, June 14, 1939, page 2 o-965 

Although it Is true that a person who has been convicted of a crime and who is sentenced to the penitentiary Is deprived of his rights as a citizen as to his liberty, it. is 

also true that under the Constitution and statutes of the 

State of Texas he still is entitled to-his property rights as 

they existed prior to the date of his convi~ctlon. The courts 

have held that convicted felons may be sued and may dispose 

of their property by will or deed, if otherwise possessed of 

the statutory qualifications essential to testamentary 

capacity. See: Avery v. Everett, 110 N.Y. 317, 18 N.E. Rep. 

148; Davis et ux v. Laning, (Supreme Court of Texas), 19 S.W. 

826 a 

Therefore, it is the opinion. of this Department and ycxl 

are so advised that the Texas Prison System does nothave the 

right to deduct the cost of recapture and return to'prison from 

any moneythe escaped prisoner may have on deposit with the 

System. Under the law, when a prisoner gets out of a prison 

or any place in which he may be conflned, or from and out of 

the authority in whose custody he Is and unlawfully regains his 

liberty, thereby becoming freed from the authority and control 

of the power entitled to restrain him it is our opinion that 

same will not work a forfeiture of estate; but that rather, on 

the other hand, it is the duty and the burden of the incarcerating authorftg to hold such prisoner In Its custody and control and the law does not contemplate that he shall escape 

therefrom. It Is our opinion, that should we hold to the contrary, it would in fact be taking the property of the prisoner 

In question wtthout due process of law and would therefore be 

violating the constitutional rights and privileges of said 

convict. 

Trusting that this will satisfactorily answer the question propounded by you, we remain 

Yours truly 

ATTORNEY GENERAL OF TEXAS 

By s/Edgar Gale 

Edgar Gale 

Assistant 

EC:AMW:wc 

APPROVED JUR 17, 1939 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/RWF Chairman