TEE ATTORXEY GEXERAL 

OF TEXAS 

June 26, 1987 

Honorable Russell P. Brooks 

Hunt County Attorney 

P. 0. Box 1097 

Greenville, Texas 75401 

Opinion No. ~~-730 

Ret Responsibility for medical 

expanses incurred on behalf of 

an indigent prisoner transferred 

from a county jail to the Texas 

Department of Corrections on a 

bench warrant 

Dear Mr. Brooks: 

You ask about payment of medical expenses for an indigent 

prisoner incarcerated in a county jail. Specifically, you ask about 

a prisoner who was serving a sentence in the Texas Department of 

Corrections (TDC) and was transferred from TDC to a county jail, 

pursuant to a bench warrant3 in order to stand trial on a felony 

charge. While he was in the county jail, his jaw was broken and he 

underwent surgery at a local hospital. You ask whether TDC or the 

county jail is liable for his medical expenses. 

Article 6166g, V.T.C.S., provides: 

The Texas [Board of Corrections], together with 

the [director] hereinafter provided for, shall be 

vested with the exclusive management and control of 

the [Department of Corrections], and all properties 

belonging thereto, subject only to the limitations 

of this Act, and shall be responsible for the 

management of the affairs of the [Department of 

Corrections] and for the proper care, treatment, 

feeding, clothing and management of the prisoners 

confined therein. 

That statute requires TDC to provide medical care for "prisoners 

confined therein." See generally Attorney General Opinion JM-580 

(1986). 

Article 104.002(a) of the Code of Criminal Procedure governs 

liability for expenses for the care of persons incarcerated in county 

jails: 

p. 3394 
Honorable Russell P. Brooks - Page 2 (JM-730) 

Except as otherwise provided by this article, a 

county is liable for all expenses incurred in the 

safekeeping of prisoners confined in the county 

jail or kept under guard by the county. If a 

prisoner is transferred to a county from another 

county on a change of venue, for safekeeping, or 

for a habeas corpus hearing. the county 

transferring the prisoner is liable for the 

expenses described by this article. (Emphasis 

added). 

Article 104.002(a) makes counties liable for medical care provided to 

indigent prisoners confined in county jail. Attorney General Opinion 

Nos. JM-643 (1987); JM-487 (1986); H-703 (1975); M-870 (1971). 

The prisoner in question was transferred from TDC to the county 

jail pursuant to a bench warrant. A bench warrant is the common law 

writ used to bring a convict confined in rhe penitentiary to trial in 

another case. Ex parte Lowe, 251 S.W. 506, 507 (Tex. Grim. App. 

1923); Gaines v. State, 53 S.W. 623, 624 (Tex. Grim. App. 1899). Both 

article 6166g, V.T.C.S.. and article 104.002 of the Code of Criminal 

Procedure discuss liability for prisoners "confined in" prisons and 

jails, respectively. The ordinary meaning of "to confine" is "to 

restrain within limits." Webster's New International Dictionary (2d ? 

ed.). Words in statutes should be given their ordinary meanings. 

Gov't. Code art. 10(i), 5311.011(a). Therefore, we construe 

"confined" in article 61666 and article 104.002 to refer to a 

prisoner's physical presence in a prison or jail. Thus, the prisoner 

in question was no longer "confined in" TDC while he was in the county 

jail. Cf. Ex parte Hudson, 655 S.W.2d 206, 208 (Tex. Grim. App. 

1983) (prisoner may receive credit toward TDC sentence for time spent 

in county jail if TDC places a "hold" on prisoner); Ex parte Alvarez, 

519 S.W.2d 440, 443 (Tex. Grim. App. 1975). Rather, he was "confined 

in" the county jail. See also Code Grim. Proc. art. 104.002 

(specifically excepting prisoners brought from another county on a 

change of venue, for safekeeping, or for a habeas corpus hearing). 

Therefore, article 104.002 of the Code of Criminal Procedure rather 

than article 6166g. V.T.C.S., governs liability for medical expenses 

of the indigent prisoner you describe. 

You also ask whether the enactment in 1985 of the Indigent Health 

Care and Treatment Act, article 4438f. V.T.C.S., affects our answer to 

your question. Both article 104.002 of the Code of Criminal Procedure 

and article 61668 are specific statutes governing indigent health care 

in specific situations. The Indigent Health Care Act governs indigent 

health care generally. We concluded in Attorney General Opinion 

JM-643 (1987) that the Indigent Health Care Act does not affect the 

application of article 104.002 of the Code of Criminal Procedure. 

Similarly, we conclude that the Indigent Health Care Act does not 

p. 3395 
Honorable Russell P. Brooks - Page 3 (JM-730) 

affect the application of article 61668. V.T.C.S. See American Canal 

Co. of Texas v. Dow Chemical Co., 380 S.W.2d 662, 666(Tex. Civ. App. 

- Houston 1964, writ dism'd). 

SUMMARY 

A county is liable for the medical expenses of 

a prisoner confined in county jail who was transferred from the Texas Department of Corrections to 

the county jail pursuant to a bench warrant. 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

Executive Assistant Attorney General 

JDDGE ZOLLIE STBAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

p. 3396