The Attorney General of Texas
March 4, 1980
MARK WHITE
Attorney General
Honorable George N. Rodriguez, Jr. Opinion No. NW-143
El Paso County Attorney
Room 201, City-County Building Re: Operation of a jail
El Paso, Texas 79901 commissary at a profit.
Dear Mr. Rodriguez:
You ask whether the El Paso County Jail may maintain a jail store. If
so, you wish to know whether the store may be operated at a profit, provided
all profits are spent for the benefit, education, and welfare of the jail
inmates. We assume that none of the profits are used to provide items
which are required to be furnished to inmates under the minimum standards
of the Commission on Jail Standards.
Attorney General Opinion C-67 (1983) considered a similar question
and found no express or implied authority for the operation of a
“commissary” within’ the county jail. However, it noted that article Sll6,
V.T.C.S., required the jailer “to take charge of the jail, and supply the wants
of those therein confined” and concluded that toilet articles and other
personal items could be sold at cost to prisoners. (Emphasis added).
After Attorney General Opinion C-67 (1963) was issued, the legislature
enacted article 5115.1, V.T.C.S., which created the Commission on Jail
Standards. Acts 1975, 64th Leg., ch. 480, at 1278. The commission is
required to establish minimum standarcb for the construction and operation
of county jails and for the care of prisoners. V.T.C.S. art. 5B5.1, S 9(a). The
commission has promulgated the following rule regarding the establishment
of a commissary:
Space appropriate to capacity of the jail should be
provided for an inmate commissary, or a written
program shall be established for inmates to obtain
supplies from nearby sources.
Texas Commission on Jail Standards, Minimum Jail Standards, Rule
217.05.022. See also Rules 217.07621 and 217.22.001(c). In our opinion, a
county jail may now maintain a cornmiss= pursuant to the regulation of the
Commission on Jail Standards.
P. 460
Honorable George N. Rodriguez, Jr. - Page Two (NW-143 1
You also ask whether the commissary may be operated at a profit, provided all
profits are spent for the benefit, education, and welfare of the jan inmates. Attorney
General Opinion C-67 (1963) stated that the sheriff could not operate a profit making
. However, the principal reason for that conclusion was that the commissary
~f~~%?t to the use and benefit of the sheriff’s office. Where the profits are spent for
the benefit of the jail inmates, they help “supply the wants” of persons confined in jail.
Consequently, we believe the operation of a profit making commissary would be consistent
with article 5B6, V.T.C.S., where the profits are spent for the benefit, education, and
welfare of jail inmates.
SUMMARY
The El Paso County Jail may maintain a jail store and operate it at
a profit, provided all profits are spent for the benefit, education,
and welfare of jail inmates.
Very truly yours,
- MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jim Allison
Bob Gammage
Susan Garrison
Rick Gilpin
Sue Lowe
p. 461