Untitled Texas Attorney General Opinion

The Attorney General of Texas April 24, 1981 MARKWHITE Attorney General Mr. Robert 0. Viterna Opinion No. Mu-328 Executive Director Texas Commission on Jail Standards Re: Whether article 5115.1, 1414 Colorado, Suite 500 V.T.C.S., requires the Texas Com- Austin, Texas 78711 mission on Law Enforcement Officer Standards and Education to establish minimum standards for persons employed in city jails under contract with counties to house county prisoners Dear Mr. Viterna: You ask whether a city jail holding county prisoners pursuant to a contract entered into under the Interlocal Cooperation Act, article 4413(32c), V.T.C.S., thereby becomes a county jail for purposes of having its employees certified by the Texas Commission on Law Enforcement Officer Standards and Education. Article 5115.1, V.T.C.S., defines “county jail” as %ny jail, lockup, or other facility that is operated by or for a county.” Sec. 2 (emphasis added1 Every word of a statute must be Fmed to have been used for a purpose and must be given effect if possible. Eddins - Walcher Butane Co. v. Calvert, 298 S.W. 2d 93 (Tex. 1957); L & M-Surco Manufacturing, Inc. v. Winn Tile Co., 580 S.W. 2d 920 (Tex. Civ. App. - Tyler 1979, writ dism’d). If the language ‘Ior for a county” is to have meaning, it must include jails operated by a city but utilized by a county under contract to confine county prisoners. Thus, such city jails would constitute county jails for purposes of article 5115.1,V.T.C.S. Article 5115.1,V.T.C.S., provides in section 14 as follows: Sec. 14. (a) The Commission on Law Enforcement Officer Standards and Education shall establish minimum physical, mental, educational, and moral standards for persons employed or utilized in the operation of county jails. As we have defined “county jails,” the personnel of city jails under contract with the county for the retention of prisoners are subject to the provisions of section 14. This construction serves an underlying purpose of article Mr. Robert 0. Vitema - Page Two (MU-328) 5115.1, V.T.C.S., that only suitably qualified jail personnel shall participate in the handling of county prisoners SUMMARY A city jail holding county prisoners pursuant to contract thereby becomes a county jail for purposes of article 5115.1, V.T.C.S., so that its employees are required to be certified by the Texas Commission on Law Enforcement Officer Standards and Education. MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Susan L. Garrison Assistant Attorney General APPROVED: OPINION COMMlTTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpin Bruce Youngblood p. 1058