May 22, 1970
Honorable Otis C. Shearer, III Opinion NO. M- 637
County Attorney of
Lipscomb County Re: Whether, in a county
P. 0. BOX 188 having only one jail,
Booker, Texas 79005 it is required that such
county jail be located
Dear Mr. Shearer: at the county seat.
your recent letter reguesting the opinion of this
office concerning the referenced matter states, in part,
as follows:
"In summary, we would ask your office
to give an opinion on the following question:
"In a countv which has onlv one iail, is it
required that such County Jail be located at the
county seat where the courthouse is also situated?"
(Rmphasis added.)
Article 1603, Vernon's Civil Statutes, provides as
follows:
"The countvcommissioners court of each
countv as soon as practicable after the establish-
ment of a countv seat, or after its removal from
one place to another, shall provide a court house
and -jailfor the county, and offices for county
officers at such countv seat and keep the same in
good repair. " (Emphasis added.)
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Honorable Otis C. Shearer, page 2 (M-637)
Furthermore, Article 1605, Vernon's Civil Statutes,
prwides, in part, that:
"The County Judae. Sheriff, Clerks of the
District and of the County Courts, County
Treasurer, Assessor and Collector of Taxes,
County Surveyor and County Attorney of the
several counties of this State, shall keen their
offices at~the county seats of their respective
counties..." (Emphasis added.)
Article 237033,Section 1, Vernon's Civil Statutes, states
in part:
"Whenever the Commissioners Court of any
county determines that . ..the county jail is not
adequate in size or facilities to properly
confine prisoners and other persons who may be
legally confined or detained in a county jail,
the Commissioners Court may purchase...or other-
wise acquire... (a) jail building or buildings
(in addition to the existing...jail)..;: and
may purchase and improve the necessary site
or sites therefor, and may use such building
or buildings for any or all of such purposes,
prwided that any such buildina or buildinas
so acquired shall be located in the county
seat... " (Emphasis added.)
In view of the foregoing statutes, it is the opinion
of this office that, in a county having only one jail, the
county jail must be located at the county seat.
SUHHARY
In a county having only one jail, the
county jail must be located the county seat.
/P
truly yours,
&a I-
. MARTIN
General of Texas
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Honorable Otis C.,Shearer, page 3 (M-637)
Prepared by Austin C'.Bray, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor Chairman
W. E. Allen, Acting Co-Chairman
William J. Craig
W. 0. Shultz
Mike Stork
Sally Phillips
MBADE F. GRIFFIN
Staff Legal Assistant
ALE'RBDWALKER
Executive Assistant
NOLA WHITE
First Assistant
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