THE ATNDRNEY GENERAL
OF TEXAS
May12, 1976
The Honorable E. L. Short Opinion No. H- 821
Chainsan
Cossnitteeon Intergovernxental Per Location of offices
Affairs of justices of ,ths peace.
Xouse Office Building
P. 0. Box 2910
Austin, Texas 70767
Dear RepresentativeShort:
At the direction of the House IntergovernmentalAffairs
Cosunitteeyou ask:
If a justice precinct has a population
of more than 75,000, is the 'comissioners
court prohibited by [article2379, V.T.C.S.]
from transferringthe justice court frch
the county courthouse to .anotherbuilding,
such as the county jail or a separate
county office building?
Article 2379, V.T.C.S., providesr
When the justice precinct where the
courthouse of any county is located
contains more than seventy-five
thousand inhabitants,the commis-
sioners court of said oounty shall
provide and furnish a suitable place
in such courthouse for such justice to
hold court.
The statute provides that the county "shall" provide
and furnish qualifying justices of the peace with a place
to hold court in the courthouse. The.word,*shalla ordinarily
implies a mandatory requirement. Attorney Gemma Opinion
H-326 (1974). The term 'kourthouseWhas been defined as
follows:
p. 3466
The Honorable E. L. Short - page 2 (H-821)
The courthousemeans the building at
the county seat in which the courts are
held, the records kept, and the officers
of the county maintain their offices
and perform their functions. Harris 5
Elder, 49 S.W.Zd 973 (Tex. Civ. App. --
-80 1932, writ dism'd).
Accordingly,pursuant to the clear term of article
2379, when a justice precinct in which the county courthouse
is located contains more than 75,000 inhabitants,the county
is required to provide and furnish a suitable place in the
courthouse for the justice of the peace to hold aourt.
Whether a particularplace is suitable for the holding
of court and whether a particular building or group of
buildings is the courthouse involve questions of fact which
canuot be resolved in the opinion process. Attorney General
Opinions H-56 (19731,M-307 (19681,M-195 (19681,M-187
(1968),C-697 (1966))WW-277 (1957) and O-2911 (1940).
SUMMARY
When a justice precinct in which the
county courthouseis located contains
more than 75,000 inhabitants,the
commissionerscourt is required to
provide the justice of the peace
with a suitableplace to hold court
in the courthouse.
Very truly yours,
rney General of Texas
Opinion Committee
W p. 3467
Untitled Texas Attorney General Opinion
Combined Opinion