Texas Attorney General Opinion: M-870 Page: 6 of 7
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Hon. John A. Menefee, page 6
SUMMAR Y
Under the facts presented, and pursuant to
Section 9 of Article IX of the Constitution of
Texas, the hospital district of which an indigent
prisoner held by the Sheriff of the county is a
resident is liable for the medical bills incurred
in treating the prisoner, when that hospital dis-
trict did not have adequate facilities for treat-
ing him, and the treatment had to be administered
in a hospital without the boundaries of the hospital
district.
Under the fabts presented, the provisions of
Articles 1037 and 1040 of the Texas Code of Criminal
Procedure relating: to county responsibility for the
medical bills of prisoners must yield to the broad
language of the foregoing constitutional provision,
and of the Act creating the hospital district (Article
4494q note, Vernon's Civil Statutes) that was enacted
pursuant to such constitutional provision. Its
language is comprehensive enough to include all
needy and indigent inhabitant residents, whether
or not they are prisoners.
Ve trul your
O0 C. MARTIN
Attorn General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
APPROVED: .
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jim Swearingen
John Banks
Fisher Tyler
Sam McDaniel- (M-870)
-4244-
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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/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.