The Attorney General of Texas
December 31. 1982
MARK WHITE
Attorney General
Mr. Robert 0. Viterna Opinion No.MW-559
Supreme Court Building Executive Director
P. 0. BOX 12546
Austin, TX. 76711. 2546
Commission on Jail Standards Re: Whether county holding
512/475-2501 P. 0. Box 12985 rooma in separate court
Telex 910/674-1367 Austin, Texas 78711 building are part of jail
Telecopier 51214750266
Dear Mr. Viterna:
1607 Main St., Suite 1400
Dallas. TX. 75201-4709 You ask whether the Texas Commission on Jail Standards has the
2141742-6944 authority to require that holding cells in county facilities, separate
and distinct from the county jail, comply with minimum jail standards.
4624 Alberta Ave., Suite 160
El Paso. TX. 79905-2793
Article 2351. V.T.C.S., enumerates the general powers and
915/533-3464 responsibilities of the county commissioners and requires that they
"provide and keep in repair court houses, jails and all necessary
public buildings." Article 6872, V.T.C.S., provides that "sheriffs
1220 Dallas Ave., Suite 202
shall have charge and control of the court houses of their respective
Houston. TX. 77002.6966
7131650.0666
counties, subject to such regulations as the commissioners court may
prescribe...." The specific duties of the county commissioners and
the sheriff with respect to their county jails are governed by article
606 Broadway. Suite 312 5115.1, V.T.C.S., which created the Texas Commission on Jail
Lubbock, TX. 79401.3479
Standards. This statute authorizes the Commission on Jail Standards
60+1747-5236
to formulate and enforce minimum jail standards against the county
sheriff and county commissioners for the care, custody,and treatment
4309 N. Tenth, Suite B of prisoners and for county jail construction, maintenance, and
McAlle”, TX. 76501-1685 operation. Article 5115.1, V.T.C.S., in section 2 defines a county
5121662.4547 jail as "any jail, lockup, or other facility that is operated by or
for a county for the confinement of persons accused or convicted of an
200 Main Plaza, Suite 400 offense."
San Antonio. TX. 762052797
5121225-4191 A statute should be given a fair and sensible construction in
order to carry out the purpose for which it was enacted and should not
An Equal Opportunityl be construed in such a manner as to nullify or defeat its purpose.
Affirmative Action Employer Citizens Bank of Bryan V. First State Bank of Hearne, 580 S.W.2d 344,
348 (Tex. 1979); Salas V. State, 592 S.W.2d 653, 655 (Tex. Civ. App. -
Austin 1979, no writ); Lopez V. Ramires, 558 S.W.2d 954, 957 (Tex.
Civ. App. - San Antonio 1977, no writ).
The enactment of article 5115.1, V.T.C.S., makes clear the
legislative intent that the Texas Commission on Jail Standards improve
conditions of confinement for county jail inmates. See Texas
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p. 2050
Mr. Robert 0. Viterna - Page 2 (Mw-559)
Legislative Council, Statutory Standards and Present Conditions in
Texas Jails, Report No. 62-2 (1973). The legislative intent to
improve the conditions of confinement for county jail inmates coupled
wi;h the broad definition of "county jail" leads to the conclusion
that the Jail Commission has statutory authority to regulate the
conditions of confinement for inmates in a county's custody wherever
they are confined. This would include holding cells whether they be a
part of the jail facility itself or located elsewhere. As long as a
county is utilizing a facility, even if it is a one-room holding cell
in a court's building distinct from the jail, the sheriff and the
commissioners court would be subject to the provisions of article
5115.1, V.T.C.S., and the minimum jail standards promulgated by the
Texas Commission on Jail Standards in the operation and maintenance of
that facility.
SUMMARY
The Texas Commission on Jail Standards is
authorized under article 5115.1, V.T.C.S., to
require that holding cells in county facilities,
separate and distinct from the county jail, comply
with minimum jail standards.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Mary Noel Golder
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
p. 2051