ORDER NO. 19322
RESOLUTION ON PROTECTION FROM LIABILITY FOR DAMAGES
INCURRED OR ARISING FROM THE USE OF INMATE LABOR
On this the 22nd day o£ January 1990, upon motion made by
Commissioner Holekamp, seconded by Commissioner Baldwin, the
Court unaniaously approved a resolution supporting State
Representative M. A. Taylor's efforts to have the following
language or language to the same effect, added to Articles
43.09 and 43.10 0£ the Code o£ Criminal Procedure:
"A sheriff, employee of a sherlff's department, member o£ the
county commissioners' court, or county employee is not liable
for damages arising from an act or failure to act by the
Sheriff, employee o£ a sheriff's department, member o£ the
county commissioners' court or county employee in connection
with manual labor required to be performed by a defendant
under this section i£ the act or failure to act was performed
in an official capacity and was not criminal or malicious in
nature. "
RESOLUTION
WIBrREAS: The overcrowded condition of county jails has
placed a great burden and expense on Kerr County, like
most Texas Counties in housing and caring for
prisoners; and
WHEiREAS: The Counties in the State of Texas would benefit
greatly from the use of county prisoners to work
on county projects, roads and improvements, so that
the county would save the expense of hiring labor to
perform these functions and could thereby recoup
some of the expense incurred in housing and feeding
the prisoners; and
WHEiREAS: Articles 43.09 and 43.10 of the Code of Criminal
procedure provide counties with authority,
through their sheriff, to put inmates to work on
county projects, roads and improvements; and
WI~REAS: Due to concern over potential personal liability for
injuries to or caused by prisoners, many
Commissioners' Court and Sheriff's departments are
hesitant to take full advantage of inmate labor; and
WfiE;i2F.AS: The Commissioners' Court of Kerr County hereby
supports and endorses the efforts of State
Representative M. A.Taylor to speak to this
problem by his request that certain amendments
be added to the Code of Criminal Procedure
during the next legislative session;
NOW,
THEiitEFOiftE: The Commissioners' Court of Kerr County, Texas does
hereby agree with and support the effort to have the
following language or language to the same effect,
added to Articles 43.09 and 43.10 of the Code of
Criminal Procedure:
"A sheriff, employee of a sheriffs department, member of the county commissioners'
court, or county employee is not liable for damages arising from an act or failure to act by
the sheriff, employee of a sheriffs department, member of the county commissioners'
court or county employee in connection with manual labor required to be performed by a
defendant under this section if the act or failure to act was performed in an official
capacity and was not criminal or malicious in nature.
Signed and placed under the seal of Kerr County, Texas by the
Commissioners' Court of said County this the ,j~.~/ day of January 1990.
~ ~~
D. ED ARDS
Co ty Judge
R. GO ON MOR
Commissioner -Precinct
IiLL'~~ AMP
Commissioner -Precinct
BILL~~
Commissioner - ecinct 2
/ ~. ~. 1 __1~~~
H. A. " USTER" B WIN
Commissioner -Precinct 4
a~
u ...
DANNY R. EDWARDS
COUNTY JUDGE, KERR COUNTY
KERRVILLE, TEXAS 78028
PHONE' 512 257-6711
January 22, 1990
Honorable M. A. Taylor
State Representative, Dist. 55
6801 Sander, Suite 145
P. 0. Box 7801
Waco, Texas 76714
Dear Representative Taylor:
Enclosed ie a Reaolutlon passed by the Commissioners' Court
of Kerr County, Texas, in Special Session on January 22, 1990
in support of the proposed legislation to be introduced in
Special Session by you.
We feel it would be in the beat interest of the State of
Texas, and of the counties comprising the political
subdivisions thereof, for there to be express statutory
protection of sheriff e, their officers, deputies and
employees, county commissioners, and county employees from
liability for damages incurred or arising from the use of
inmate labor upon public works.
We thank yo~ very much
~u s tru y
~.~
DANNY R~DWARDS
Kerr County Judge
DRE:tch
Enclosure
for your efforts in this matter.
cc: Com. Ray Meadows
Gov. William P. Clements, Jr.
Rep. Harvey Hilderbrand
Sen. Bill Sims
JAN 17 RECD


January 19, 1990
Dear County Official,
I am formally writing to you and asking for your support of this
proposed legislation be be introduced in special session by Rep. M. A.
Taylor of McLennan County.
The concensus of opinion is that it would be good to have a resolution
of your support sent to your local Representative or Senator on this
upcoming legislation or sent back to us and we will forward to Rep. M. A.
Taylor.
This would be a great opportunity to remove some liability off County
Officials and the Sheriff Office and benefit each respective county and
possibly reduce the jail population.
Yours truly
Y MEA~~~/L~
ounty Commissioner
cc: Rep. M. A. Taylor
Gov. William P. Clements, Jr.
Sheriff Association
TAC
All Commissioners' Courts
NOT PRINTED OR MAILED AT COUNTY EXPENSE.
RAY MEADOWS
COUNTY COMMISSIONER, PCT.4
P. O. BOX 648
WACO, TEXAS 76703-0648
757-5064

~~~.~~~
January 9, 1990
Honorable M. A. Taylor
State Representative, Dist. 55
6801 Sanger, Suite 145
P. U. Box 7801
Waco, Texas 76714
Dear Representative Taylor:
I am writing this letter on behalf of the people of McLennan
County to request that certain amendments be added to the Code of
Criminal Procedure during the next legislative session.
As I am sure you are aware, the overcrowded condition of county
jails in this state has placed a great burden on the counties of
this state. McLennan County, like most Texas counties, incurs
enormous expense each year in housing aqd caring for prisoners.
Speaking for McLennan County, I believe the county would benefit
greatly from the use of county prisoners to work on county
projects, roads and improvements. In this manner the county
would save the expense of hiring labor to perform these functions
and could thereby recoup some of the expense incurred in housing
and feeding the prisoners.
Articles 43.09 and 43.10 of the Code of Criminal Procedure
provide counties with authority, through their sheriff, to put
inmates to work on county projects, roads and improvements.
Unfortunately, due to concern over potential personal liability
for injuries to or caused by prisoners, many commissioners'
courts and sheriff's departments in this state are hesitant to
take full advantage of inmate labor. The protections provided by
the Doctrine of Qualified Official Immunity in the State of Texas
are not sufficient to allay these fears and, to a great extent,
the Doctrine may not provide sheriffs, their employees, or county
commissioners with the protection from personal liability they
deserve and need.
Nl1T PPINTFII n8 uAll Fn dT f!]IINTV EXPENSE
RAY MEADOWS
COUMY COMM13810NER, PCI: 4
P. O. BOX 848
WACO,TEXAS 76703-0648
~s~-sass
_!
Honorable M. A. Taylor
Page Two
January 9, 1990
Therefore, it would be in the best interest of the State of
Texas, and of the counties comprising the political subdivisions
thereof, for there to be express statutory protection of
sheriffs, their officers, deputies and employees, county
commissioners, and county employees from liability for damages
incurred or arising from the use of inmate labor upon public
works. Thus, as an elected county commissioner of the people of
McLennan County, I would request that the following language, or
language substantially similar and to the same effect, be added
to Articles 43.09 and 43.10 of the Code of Criminal Procedure:
A sheriff, employee of a sheriff's department, member
of the county commissioner's court, or county employee
is not liable for damages arising from an act or
failure to act by the sheriff, employee of a sheriff's
department, member of the county commissioner's court
or county employee in connection with manual labor
required to be performed by a defendant under this
section if the act or failure to act was performed in
an official capacity and was not criminal or malicious
in nature.
Such a provision would provide the county commissioners and
sheriffs of this state with greater protection from personal
liability and would give counties greater incentive to utilize
inmate labor.
Your prompt attention to this matter is greatly appreciated by
the people of McLennan County. I
Sin rely,
~16u.~-
a Meadows
cLennan County Commissioner
Precinct 4