### TEE ATTORXEY GEXERAL OF TEXAS
June 26, 1987

HonorableRussell P. Brooks Hunt CountyAttorney P. 0. Box 1097 Greenville,Texas 

### 75401 OpinionNo. ~~-730
Ret Responsibilityformedical expanses incurred on behalf of an indigentprisoner transferred from a county jail to the Texas Department of Corrections on a benchwarrant
DearMr. 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 forhis medical expenses. Article 6166g,V.T.C.S.,provides:

The Texas [Board of Corrections], togetherwith the [director]hereinafter provided for, shall be vestedwith the exclusivemanagement and control of the [Departmentof 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:

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Except as otherwiseprovidedby 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 indigentprisoners confined in county jail. Attorney General Opinion Nos. JM-643 (1987);JM-487 (1986);H-703 (1975);M-870 (1971). The prisoner in questionwas 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);Gainesv. 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 InternationalDictionary (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'sphysicalpresence in a prison or jail. Thus, the prisoner in questionwas 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) (prisonermay receive credit towardTDC 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 indigentprisoneryou describe.
You also ask whether the enactment in 1985 of the IndigentHealth Care and TreatmentAct, article 4438f.V.T.C.S., affects our answer to your question. Both article 104.002of theCode of CriminalProcedure and article 61668 are specific statutesgoverning indigenthealth care in specific situations. The IndigentHealth CareAct 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

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affect the applicationof 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 themedical expenses of a prisoner confined in county jailwho was transferred from the TexasDepartment of Correctionsto the county jailpursuant to a bench warrant.

JIM MATTOX AttorneyGeneral of Texas
MARY KELLER ExecutiveAssistantAttorneyGeneral JDDGE ZOLLIE STBAKLEY SpecialAssistantAttorney General RICK GILPIN Chairman,Opinion Committee Preparedby SarahWoelk AssistantAttorneyGeneral

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