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TX JM-436 February 21, 1986

Could a Texas county-jail inmate receive both good-time credit and manual-labor credit against the same sentence?

Short answer: No. JM-436 concluded that a county-jail inmate could receive good-time credit or manual-labor credit, but not both. It overruled MW-497 to the extent that opinion allowed both credits.

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This page answers the general question as of 1986. Ezel answers yours: what it means for your facts, under current Texas law, with citations.

Currency note: this opinion is from 1986
Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: This is an official Texas Attorney General opinion. AG opinions are persuasive authority in Texas courts but are not binding precedent. This summary is for informational purposes only and is not legal advice. The opinion dates from 1986; verify current statutes and case law before relying on it.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
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Texas AG Opinion JM-436: County-Jail Time Credits

Plain-English summary

Article 5118a allowed a sheriff to grant county-jail inmates good-time credit for good conduct, industry, and obedience, but said no other time allowance or credit could be added to that commutation. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

Code of Criminal Procedure article 43.10 separately allowed one day to be deducted from a sentence for each day of manual labor, in addition to other credits allowed by law. Earlier Attorney General Opinions MW-497 and JM-73 had reached different conclusions about whether the two credits could be combined. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

JM-436 agreed with JM-73 and held that an inmate could receive one type of credit or the other, but not both. It overruled MW-497 to the extent of the conflict. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

Currency note

This opinion was issued in 1986. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Who decided whether to award good-time credit?

Article 5118a gave the sheriff discretion to grant good-time commutation to county-jail inmates. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

Why could the two credits not be stacked?

JM-436 treated article 5118a's statement that no other time allowance or credit could be added as a clear limit that remained in the statute after the 1981 amendments. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

What happened to Attorney General Opinion MW-497?

JM-436 expressly overruled MW-497 to the extent it concluded that a county-jail inmate could receive both good-time and manual-labor credits. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

Background and statutory framework

House Bill 647 of the 67th Legislature amended both credit provisions in 1981. MW-497 read the amendments together and allowed both credits within a stated limit, while JM-73 later relied on additional legislative history and concluded that the legislature intended to limit county-jail sentence credits. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

JM-436 adopted JM-73's reading because the limiting sentence in article 5118a had remained in the law since 1955, and a proposed change to it did not appear in the final bill passed by both houses. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

Citations and references

  • article 5118a, V.T.C.S.
  • Code of Criminal Procedure article 43.10
  • Kopeski v. Martin, 629 S.W.2d 743, 746 (Tex. Crim. App. 1982)
  • Attorney General Opinion JM-73 (1983)
  • Attorney General Opinion MW-497 (1982), overruled to the extent inconsistent with JM-436
  • House Bill 647, 67th Legislature

Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0436.pdf

Source

Original opinion text

Best-effort transcription from a scanned PDF via OCR. Minor errors may remain; the linked PDF is authoritative.

The Attorney General of Texas

JIM MATTOX
Attorney General

February 21, 1986

Honorable Sam D. Millsap, Jr.
District Attorney
Bexar County Courthouse
San Antonio, Texas 78205

Opinion No. JM-436

Re: Computation of good time credits under article 5118a, V.T.C.S., and manual labor credits under article 43.10, Code of Criminal Procedure

Dear Mr. Millsap:

You request an opinion in regard to time credits which may be awarded to a prisoner sentenced to county jail. Your particular concern is whether a county inmate may receive good time credits under article 5118a, V.T.C.S., or manual labor credits under article 43.10 of the Code of Criminal Procedure or both. Two prior opinions have addressed this problem and have reached different conclusions. See Attorney General Opinions JM-73 (1983); MW-497 (1982).

Article 5118a, V.T.C.S., provides in part:

Commutation of time for good conduct, industry and obedience may be granted the inmates of each county jail by the sheriff in charge. A deduction in time not to exceed one (1) day for each day of the original sentence actually served may be made from the term or terms of sentences when no charge of misconduct has been sustained against the prisoner. . . . No other time allowance or credits in addition to the commutation of time for good conduct herein provided for may be deducted from the term or terms of sentences. (Emphasis added).

The statute grants a sheriff discretion in making such an award. See Kopeski v. Martin, 629 S.W.2d 743, 746 (Tex. Crim. App. 1982). On the other hand, article 43.10 of the Code of Criminal Procedure provides in part:

Where the punishment assessed in a conviction for misdemeanor is confinement in jail for more than one day, or where in such conviction the punishment is assessed only at a pecuniary fine and the party so convicted is unable to pay the fine and costs adjudged against him, those so convicted shall be required to do manual labor. . . .

. . . .

  1. For each day of manual labor, in addition to any other credits allowed by law, a prisoner is entitled to have one day deducted from each sentence he is serving. (Emphasis added).

Attorney General Opinion MW-497 (1982) discussed House Bill No. 647 of the Sixty-seventh Legislature which amended both article 43.10 of the Code of Criminal Procedure and article 5118a, V.T.C.S. See Acts 1981, 67th Leg., ch. 708, at 2617. The opinion concluded that when the legislature added the above underlined language of article 43.10, which was a totally new provision, that language should be read together with the above underlined portion of article 5118a; and therefore concluded that a prisoner would be entitled to both good time credits and manual labor credits so long as it would not exceed two-thirds of his sentence. See Attorney General Opinion MW-497 (1982).

However, a year later, the attorney general considered the question again in Attorney General Opinion JM-73 (1983). In this opinion, the office considered additional legislative history, and concluded that the Sixty-seventh Legislature intended to limit credits for jail sentences. See Attorney General Opinion JM-73 (1983). The attorney general reasoned that the language "[n]o other time allowance or credits" in article 5118a was a limitation which has remained a part of the statute since it was first enacted in 1955 and was clear and unambiguous. Id. The additional legislative history revealed that the Texas House of Representatives sought to change this language, but the final version, which was passed by both houses, left the sentence intact. See Engrossed Third Reading of H.B. No. 647, Bill File for H.B. No. 647, 67th Leg., Legislative Reference Library. Accordingly, the conclusion was that a county jail inmate may receive either good time credits under article 5118a, V.T.C.S., or manual labor credits under article 43.10 of the Code of Criminal Procedure, but not both. Attorney General Opinion JM-73 (1983).

We believe that Attorney General Opinion JM-73 (1983) is correct and agree with its holding. To the extent Attorney General Opinion MW-497 (1982) conflicts with this holding, it is overruled.

SUMMARY

A county jail inmate may receive good time credits under article 5118a, V.T.C.S., or manual labor credits under article 43.10 of the Code of Criminal Procedure, but not both. Attorney General Opinion MW-497 (1982) is overruled to the extent it conflicts with this result.

Very truly yours,

JIM MATTOX
Attorney General of Texas

JACK HIGHTOWER
First Assistant Attorney General

MARY KELLER
Executive Assistant Attorney General

ROBERT GRAY
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Tony Guillory
Assistant Attorney General

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