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The Attorney General of Texas
December 27. 1984
JIM MATTOX
Attorney General
Mr. Robert 0. Vi(.erna
Supreme Court Building Executive Direct<11
P. 0. Box 12546 Texas Cozmnission cmnJail Standards Re: Authority of the Texas
Austin. TX. 7671% 2546
5121475-2501
P. 0. Box 12985 Conrmission on Jail Standards
Telex 910167~1367 Austin, Texas ie711 to perform an occupancy in-
Telecopier 51214750286 spection of jail facilities
in a project built pursuant
714 Jackson. Suite 700
to ar~ticle 237Oc-3, V.T.C.S.
Dallas. TX. 75202.4506
2141742-6944 Dear Mr. Viternn:
You have asked the following three questions about your authority
4624 AlberlaAve.,SUiN160 under article 51:.5.1, V.T.C.S., with regard to the jail facilities in
El Paso. TX. 789052793
915l533.3464
a project authorj.zed by article 237Oc-3, V.T.C.S.:
1. P:ay the Texas Commission on Jail Standards
1001 Texas. Suite 7OO perform an occupancy inspection of the facility?
Houston. TX. 77OO2~3111 Rule 217.04.00.007 of the Texas Commission on Jail
713l223566a
Standa1,d.s.
806 Broadway. SuiN 312 2. If the jail complies with stsndards, may
Lubbock. TX. 79401.3479 the Texas' Commission on Jail Standards authorize
8061747.5236 Bowie County to occupy the jail and house Texas
inmates; therein? Rule 217.04.00.009 of the Texas
4309 N. Temh. Suite S Commisc~lon on Jail Standards.
McAllan. TX. 76501.1665
5121662.4547 3. Finally, If the jail is occupied, does the
Texas Commission on Jail Standards have authority
xx) Main Plaza. Suile 4W to inspect the jail yearly for compliance with
San Anlonio. TX. 762052797 Texas rlinimum jail standards? Rule 217.25.00.011
512f2254191 of the Texas Commission on Jail Standards.
These rules are promulgated under sections 9 and 11 of article 5115.1,
An Equal Opporfunityl
V.T.C.S., which XJthorize the inspection of county jails to enforce
Aflirmative Action EmplOW
minimum jail star,dards.
The project in question involves a jail in a "justfce center"
built. with the 8:ooperation of the federal Law Enforcement Assistance
administrators, 2:~: well as of Arkansas and Texas county and municipal
authorities, on ,:he state line in Texarkana. Texas and Arkansas., and
Bowie County. Texas. and Miller County, Arkansas. The gravamen of
p. 1213
Mr. Robert 0. Viterna - Page 2: (JM-272)
your request is whether the Texas Cowission on Jail Standards may
carry out its duties and re:,ponsibilities under sections 9 and 11 of
article 5115.1 in a jail facility not wholly located in Texas. We
answer all three questions *I the affirmative.
Section 2(3) of article 5115.1 defines a county jail as “any
jail. lockup, or other f;tc:ility that is operated by or for a
county. . . .” (Emphasis added). Section 2(a)(2) of article 237Oc-3
authorizes the creation of the “jail, lockup. and other detention
facilities” that have been created in the subject “justice center” for
Bowie County, Texas. Attorney General Opinions MW-328 (1981) and
MW-559 (1982) clearly affirmed the Jail Standards Commission’s
statutory authority “to rel;ulate the conditions of confinement for
inmates in s county’s custo&y wherever they are confined.” Attorney
General Opinion MW-559. (Emphasis added).
While article 237Oc-3. section 2, authorizes the respective
counties and municipalities in Texas and the adjoining state to
contract for the “construction. .’ . . operation, and management” of
the jail in the state line justice center, section 9 also limits such
county and municipality in Texas to contracting for such purposes
“only if the other stsl’e enacts legislation relating to the
establishment of a justjce :enter pursuant to a contract. . . .I’ The
act further provides that
Sec. 4. The contracting parties may specify in
the contract the uanner of determining the persons
responsible for:
(1) the operation, alteration, maintenance,
cleaning, and repair of the facilities:
(2) the emplo:nnent of center personnel;
(3) the purchase of materials. supplies,
tools. and other equipment to be jointly used by
of flees provided or used by the contracting
parties;
(4) preparing reports to the governing bodies
of the contracting parties:
(5) joint res:ord-keeping, communicarions, or
dispatch systems; and
(6) the perf>,rmance of any other powers or
duties relating to operation of the center.
p. 1214
Mr. Robert 0. Virerna - Page 3 (JM-272)
If the state of Arkansas, has enacted legislation consistent with
section 9 of article 2370'2-3 and the respective counties and cities
have contracted in accord with sections 2 and 4 thereof, we conclude
that the holdings of MU-324 and NW-559 apply to the regulations about
which you inquire.
SUMMARY
If the state of Arkansas has enacted
appropriate legislation and the counties and
cities affected have contracted as mandated, the
Texas Commission on Jail Standards may perform an
initial occupancy inspection of, may allow Bowie
County to use, a:rd may thereafter annually inspect
the jail facilitLes housed in the "justice center"
built pursuant t,) article 237Oc-3.
-Jzyh
MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney Ge,neral
DAVID R. RICHARDS
Executive Assistant Attorne~y General
RICK GILPIN
Chairman, Opinion Connnittee
Prepared by Colin Carl
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Eloellinger
Jennifer Riggs
Bruce Youngblood
p. 1215