The Attorney General of Texas 

February 22, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12548 

Austin, TX. 7871% 2540 

5121475.2501 

Telex 9101874.1367 

Telecopier 5121475-0286 

1607 Main St., Suite 1400 

Dallas, TX. 75201.4709 

2141742.8944 

4824 Alberta Ave.. Suite 160 

El Paso, TX. 79905.2793 

9151533-3484 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002.6986 

7131650.0668 

806 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

8061747.5238 

4309 N. Tenth. Suite S 

McAllen. TX. 78501-1685 

5121682-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 78205.2797 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable Ron Ems 

Dallam County Attorney 

County Courthouse 

P. 0. Box 561 

Dalhart, Texas 79022 

opinion No. m-448 

Re: Authority of political 

subdivisions to jointly build 

and operate a regional jail 

facility 

Dear Mr. Enns: 

You ask the following question: 

May Dallam County, Hartley County, and the City of 

Dalhart jointly finance, construct, own and 

operate a regional jail facility? 

The Interlocal Cooperation Act provides that "[b]y resolution of 

the governing body, a political subdivision of the state may contract 

with other political subdivisions of the state to participate in the 

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 

other legally constituted political subdivision...or a combination of 

political subdivisions." V.T.C.S. art. 4413(32c), 93(l). It is clear 

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 

participate in the ownership, construction and operation of a regional 

jail facility. 

Section 4(h) sets out procedures for financing, locating, and 

operating the jail. If the counties and city you name follow these 

requirements, they have authority under the Interlocal Cooperation Act 

to jointly finance, construct, own, and operate a regional jail 

facility. 

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