Art. 104.002. EXPENSES FOR PRISONERS.  (a)  Except as otherwise provided by 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.
(b) If a county incurs expenses for the safekeeping of a prisoner from another county, the sheriff shall submit to the county judge an account of expenses incurred by the county for the prisoner.  The county judge shall approve the amount he determines is a correct statement of the expenses and sign and date the account.
(c) The county judge shall submit to the commissioners court of the county for which the prisoner was kept, at a regular term of the court, his signed statement of the account described by Subsection (b).  If the commissioners court determines that the account is in accordance with the law, it shall order the county treasurer to issue to the sheriff of the county submitting the statement a draft in an amount approved by the court.
(d)  A person who is or was a prisoner in a county jail and received medical, dental, or health related services from a county or a hospital district shall be required to pay a reimbursement fee for such services when they are rendered.  If such prisoner is an eligible county resident as defined in Section 61.002, Health and Safety Code, the county or hospital district providing the services has a right of subrogation to the prisoner's right of recovery from any source, limited to the cost of services provided.  A prisoner, unless the prisoner fully pays for the cost of services received, shall remain obligated to reimburse the county or hospital district for any medical, dental, or health services provided, and the county or hospital district may apply for reimbursement in the manner provided by Chapter 61, Health and Safety Code.  A county or hospital district shall have authority to recover the amount expended in a civil action.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985.  Subsec. (d) amended by Acts 1987, 70th Leg., ch. 1010, Sec. 1, eff. June 19, 1987;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(19), eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 434, Sec. 1, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 3.22, eff. Sept. 1, 1995.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.41, eff. January 1, 2020.