## GENERAL

AUSTIN. TEXAS 78711 Deoember 13, 1965

Honorable Adolph F. Spltta Opinion No. C-567 County Attorney Kendall County Re: Whether the sheriff of KenBoerhe, Texas da11 County has t,heexclusive right of furnishing me+ to his prisoners and Dear Xr. Spitta: related questions.

Youhave reoently requested awopinion from this oftlO0, your inquiry being as follows:

“The $heriff of Ken&all County prepares, with the arslstance of his wife, me&I8for the prisoners in his jail. TheCounty repBIt& burses the Sheriff the sumof 75+!per meal’, so furnished upon the Sheriff $lvlng a sworn aooount at the end of each month. Therestaurants and o&em, in thin qrea, have protested suoh aotlon, 

### malntalpS.xg that the Sheriff rhould take bids, or at any rate give eaoh buelnerr a pro Fata share of Surnlshing the meal6 to said prisoners. 

### "Your opinion Is respeotfully reqF*sted oonoernlng the following points:

“a. Does the Sheriff of Kendall Coianty have the exclusive right of furnishing meals to his prlaoners?

“b. Ii the Sber2ff of Kendall County etnploya his wife to prepare 

### raid meals aoea that ootutitute a 

### violation of the Texas Wepotien La*? 

## “0.Doee the Sheriff of Kendall COuntf have to makeanaoourate 

## report hato **the** oost of the meals prepared **by** his wife, or is It merely necessary for himto report the number of meals to be reimbursed in the amountof 754 pcrerp, +r,agreed by the COnaPi88lOne~‘E

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.Honorable Adolph F. Spltta, page 2 (C-567)

“a. Is It necessary for the wlfe of the Sheriff of Kendall County to have ahealth " card by virtue of being the supplier andpreparer of said meals 

### of prisoners?" In answer to your first question, you am, advised that. the Sheriff of Kendall Countyhas the exoluslve right of operating the jail kitchen andfurnishing meals to prisoners. Wlohlta County,vt Vanoe, 217 S.W.2d 702 (Te~.ci~.App., error r .

1949) Attorney (tenercil’q Op*nlon Ho. v-1232 (1951). ~liem&e~herlff'mlght legltlmately oontr&ict with cafes te furnish meals to prisoners properly ‘aooounting for expendltures to the Commissioners Court, (Attorney Qeneral's Opinion. Wo.V-1232, supra), he Is under noduty or obligation to contract with any cafe to furnlsh'meals or to take bids from the.~ cafes If he decides to use'thelr servloes In feeding those lncarcerated In the Kendall Countyjail.

Aslndloated, the answer to your first question Is In the afflnnatlve.

With regard to your remaining questions, Seotion 61 of Article 16 of the Constltutlon of the State of Texas has made It mandatory since 1949 that all sheriffs be compensated on a salary basis. 'It has been uniformly held that where a sheriff la oompensated on a salary basis that the Commlsnloners Court mayonly allow the sheriff the actual expenses lnourred by himin feeding prisoners In his oustody and oannot allow '~. the sheriff any speolflc sumfor the boarding of prisoners. Attorney General's Opinion No. V-1232, aupra. Accordingly, the., arrangement between the sheriff andthe Kendall County Commissioners Court, whereby the sheriff 1s reimbursed the sumof ~$#1~~ meal for each prisoner fed, would be in contravention

. With regard to your second question, although the aherlff 1s authorized to recover from the Commlssloners Court the aotual expenses lnourred In the feeding of prlsoners, anyfee 

### or any oompenaatlon paid to his wife for,the preparation of euch meals would not be allowable because her employment would be aviolation of the Nepotism laws of the State of Texas whloh forbid anoffloer of a county to employ anyperson re-. lated to himwithin the second degree of affinity. This offloe, 

### In Opinion No. V-359 (1947) held as follows:

"The sheriff 1s an offloer 

### of the oounty andhis wife Is related to him 'within

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Honorable Adolph F. Spltta, Page 3 (C-567)

the seoand degree by afflnlty.1 ,SeeAttorney QeneralVe Oplnlons NOB.O-31 and o-4973. It 1s therefore our opinion that the sheriff ie prohibited by the plain provisions of Article 432, V.P.C., from

his rife ana cook for such $!#%a ft is our further opinion that the oounty z&rUt’or. le ‘not authorized to approve for payment any claim of the sherlff~e wife for such services.”

0~ a3 In anewer to your third queetlon, you ati referret ~to .souselons above. Theaherlff la only entitled to recover the actual expenses’ for feeding prleonera In hla ouatody end oare andhemuet accurately report all euoh expendlturer in order to receive such reimbursement. Anycompensatloq paid to his wife would not be properly allowable ae anexpense of the feeding of the Inmates of the jail.

,,Thedlsousslone oonoernlng your flrst,three questions makean anewer to the fourth que8tlon, “Should the wife of the sheriff have a health oard,” unnecessary. However, wedonot-,- meanto say that awife oannot assist the eheriff %tithe preparation and serving of ,meala, but there a’anbe no oompeneatlon to her for any labor bhe::performa. If she.-doesrender yo$untary andgratis eervloee in the feeding of prisoners, weare of the opinion that it would not be neoessary that nhohave a health aard. There is nouniversal- requirement under the laws of.the State of Texaa that food handlers have a sanitary h,ealth card; rather, Section 6of Article 7058, Vernontw Penal Code of Texas, confer8 on oltles the power to adopt ordfnances whioh require the obtaining of ahealth aard a8aprerequllslte to the handling of foods. However, even if the munlolpallty in which your jail la’located has such an ordlnanoe, it Is our view that the county jail does not comewithin the definition of apub110 eating plaoe 81)defined by Section 1 of Artlole 7054.
SUMMARY

.TheSheriff of Kendall County haa the exoluslve right to furnish meals to hla prisonera. mployment of the sherlffls wife to prepare the food for prlaonerz would be In violation of the Nepotism Laws. disheriff Is only entitl&a to recover the aotual expenbes for feeding prisoners in his custody and care andhe muetaccurately

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..-. .

Honorable Adolph F. Spltta, Page 4 (C-567)

report all suoh expenditures in order to receive reimbursement. It Is unnecessary for the person whoprepares meals for the prisoners to have ahealth Oard. Very truly yours,

QJP/at/br APPFtOVEDr OPINIONCOM4I!L"FEE W.V. Qeppert, Chairman EdifardR. mffett SamL. Kelley TomRoutt W. 0. Shultz APPROVED

FORTHEATTORWEX

QE%l?ZRAt By: T. B. Wright

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