No. V-0086 (1947).

• Court: Texas

Texas Attorney General Opinions 1947. No. V-0086 (1947). 1Mar. 15, 1947Hon. H, A, HodgesCounty AuditorWilliamson CountyGeorgetown, TexasOpinion No. V-86Re: When two doctors examine and certify their findings to the county judge, or Court, as to the sanity of a person, are they entitled to any fee to be paid by the county? And a related question.Dear Sir:Your letter of February 11, 1947, in which you requested an opinion of this Department, is in part as follows:

"1. When two Doctors examine and certify their findings to the County Judge, or Court, as to the sanity of a person are they entitled to any fee to be paid by the County?"

"2. In the event the County Judge requests the Doctors to make an examination of an insane person is the County then obligated to pay them a fee-the usual charge of the Doctors being $10.00?"

Articles 3193, 3193a, 3193e and 3193o-1, V.A.C.S., are in part as follows:

"Art, 3193. Who may be admitted.

"A person alleged to be insane, and who is not held on a criminal charge, may be committed to and confined in an institution for the custody and treatment of the insane and of other persons suffering from mental illnesses upon an order made by a county judge of the county in which the alleged insane person resides or may be, adjudging such person to be insane, upon a certificate of insanity made by two properly qualified and licensed physicians, accompanied by a verified petition therefor, or upon such certificate and petition and after a hearing to determine such question, as hereinafter provided..."

2"Art. 3193a. Necessary certificate.

"No person shall be committed to any institution for the treatment of the insane and other mentally ill persons, unless there has been filed with the county judge a certificate of the insanity of such person by two properly qualified and licensed physicians, nor without an order therefor, signed by the county judge, stating that he finds that the person committed is insane, and is a proper subject for treatment in a hospital for the insane, and either that he has been an inhabitant of the State for the six months immediately preceding such time or that provision satisfactory to the Board of Control has been made for his maintenance, or that by reason of insanity he would be dangerous if at large. The order of commitment shall also authorize the custody of the insane person either at the institution to which he shall first be committed or at some other institution to which he may be transferred by order of the Board of Control. Neither of the physicians mentioned in this

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