Texas Attorney General Opinion: M-870 Page: 3 of 7
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Hon. John A. Menefee, page 3
At the time of his arrest, the indigent prisoner was
a resident of McCamey in Upton County, and of the McCamey County
Hospital District. When arrested, he was taken to the Upton County
Jail, located in Rankin, Texas, and within the Rankin County Hos-
pital District. His illness was contracted while incarcerated in the
County Jail.
Section 9 of Article IX of the Constitution of Texas, as
enacted in 1962, provides, in part, that:
"The Legislature may by law provide for the
creation, establishment, maintenance and operation
of hospital districts. .., providing that any
district so created shall assume full responsibility
for providing medical and hospital care for its
needy inhabitants, . .; providing that after its
creation no' other' municipality or political sub-
division- shal have the power to levy-taxe.s or
issue bonds or other obligations for hospital pur-
poses or for providing medical care within the
boundaries of the district . " (Emphasis added.)
Your letter states that the indigent prisoner was a
resident of the McCamey County Hospital District. This District
was created by Acts 60th Legislature, Reular Session, 1967,
Chapter 183, Page 384 (which is Article 4494q note, Vernon's Civil
Statutes). The Act creating the Hospital District provides, in
part, as follows:
"Sec. 11. No county or part thereof that has
been constituted apart-of this hospital district,-
and no city therein, shall thereafter levy any
tax for hospital purposes; and such hospital
district shall be deemed to have assumed full
responsibility for the furnishing of medical and
hospital care for the needy and indigent persons
residing in said hospital district from the date
taxes are collected for the hospital district."
(Emphasis added.)
Article 1037, Texas Code of Criminal Procedure, provides
that:
"Each county shall be liable for all expense
incurred on account of prisoners confined in jail
or kept under guard, except prisOners brought
from another county for safe keeping, or on-4Z41 -
(M-870)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-870, text, May 25, 1971; (https://texashistory.unt.edu/ark:/67531/metapth270098/m1/3/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.