The Attorney General of Texas
February 22, 1982
MARK WHITE
Attorney General
Honorable Ron Ems opinion No. m-448
Supreme Court Building
Dallam County Attorney
P. 0. Box 12548
Austin, TX. 7871% 2540
County Courthouse Re: Authority of political
5121475.2501 P. 0. Box 561 subdivisions to jointly build
Telex 9101874.1367 Dalhart, Texas 79022 and operate a regional jail
Telecopier 5121475-0286 facility
Dear Mr. Enns:
1607 Main St., Suite 1400
Dallas, TX. 75201.4709 You ask the following question:
2141742.8944
May Dallam County, Hartley County, and the City of
Dalhart jointly finance, construct, own and
4824 Alberta Ave.. Suite 160
operate a regional jail facility?
El Paso, TX. 79905.2793
9151533-3484
The Interlocal Cooperation Act provides that "[b]y resolution of
the governing body, a political subdivision of the state may contract
1220 Dallas Ave., Suite 202
with other political subdivisions of the state to participate in the
Houston, TX. 77002.6986
7131650.0668
ownership, construction, and operation of a regional jail facility."
V.T.C.S. art. 4413(32c), §4(h)(l). The act defines "local government"
to include a county. a home rule city, a general law city, or "any
806 Broadway, Suite 312 other legally constituted political subdivision...or a combination of
Lubbock, TX. 79401.3479 political subdivisions." V.T.C.S. art. 4413(32c), 93(l). It is clear
8061747.5238
from the equation of "political subdivision" with a county and a city
that the two counties and the city may contract under section 4(h) to
4309 N. Tenth. Suite S participate in the ownership, construction and operation of a regional
McAllen. TX. 78501-1685 jail facility.
5121682-4547
Section 4(h) sets out procedures for financing, locating, and
200 Main Plaza, Suite 400 operating the jail. If the counties and city you name follow these
San Antonio. TX. 78205.2797 requirements, they have authority under the Interlocal Cooperation Act
512/225-4191 to jointly finance, construct, own, and operate a regional jail
facility.
An Equal Opportunity/
Affirmative Action Employer Letter Advisory No. 133 (1977) considered the constitutionality
of section 4(h) of the Interlocal Cooperation Act. The provision,
pending legislation at the time, was held constitutional under
article XI, section 2 of the Texas Constitution, which empowers the
legislature to provide by general law for jail construction. Thus, as
determined in Letter Advisory No. 133, the constitution does not
prevent political subdivisions from exercising the power granted by
section 4(h) of article 4413(32c), V.T.C.S.
p. 1544
Honorable Ron Ems - Page 2 (NW-448)
SUMMARY
The counties of Dallam and Hartley and the
city of Dalhart may jointly finance, construct,
own and operate a regional jail facility under the
authority of article 4413(32c), section 4(h),
V.T.C.S.
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 COMMITTEE
Susan L. Garrison, Chairman
Rick Gilpin
Jim Moellinger
p. 1545