RQ-0006-AC
Requestor:
The Honorable Robert C. Lassmann
24th Judicial District Attorney
127 North Courthouse Square
Goliad, Texas 77963
Re: Whether Government Code section 41.106 requires the counties of a multi-county judicial district to equitably share funding responsibility of the district attorney's office (RQ-0006-AC)
Briefs requested by October 2, 2023
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202303243
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: September 5, 2023
Opinion No. AC-0004
The Honorable Heather Stebbins
Kerr County Attorney
700 Main Street, Suite BA-103
Kerrville, Texas 78028
Re: Questions relating to the respective responsibilities of a county sheriff's office and the Texas Department of Criminal Justice regarding the detention and transportation of offenders to state jail facilities (RQ-0501-KP)
S U M M A R Y
The Texas Department of Criminal Justice (TDCJ) may not require a county sheriff to transport inmates to a substance abuse felony punishment facility or an intermediate sanction facility, nor may it refuse to reimburse a county for transporting an inmate to a state jail division facility. A county must generally utilize its normal procedures for collecting on a debt owed to the county if TDCJ refuses to reimburse the county for inmate transport.
Pursuant to House Bill 2620 from the Eighty-eighth regular legislative session, the failure of TDCJ to take custody of an inmate within forty-five days as required by law results in statutory compensation to the county by TDCJ for any extended period of detention. Extended periods of detention, however, are not expressly authorized under the law.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202303242
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: September 5, 2023