April 25, 1963 

Honorable Doug Crouch Opinion No. C- 67 

District Attorney 

Tarrant County Re: Various questions relative 

Fort Worth, Texas to the operation of the 

Tarrant County Jail CommlsDear Mr. Crouch: sax-y. 

This office is in receipt of your request for an 

opinion concerning the following questions: 

"(1) Is the operation of a 'Commissary,' 

within the confines of the Tarrant County Jail, 

which .seI,ls toilet articles and authorizes Items 

for the exclusive personal use and benefit of 

those legally confined therein, within the purview of the law. 

"(2) Would the operation, supervision and 

control of such a facility, to Include purchasing 

of merchandise, be vested In: 

a. The Sheriff 

b. The County Auditor 

c. The Commissioners Court 

“(3) ILay the purchase of supplies necessary 

to such facility be effected from revenue and 

funds realized through the operation thereof. 

"(4) May any profit realized from the operation of such a facility be retained, used and 

accounted for, by the.Sherlff, for the purchase of 

uniforms and miscellaneous equipment to be used by 

the Sheriff's Office." 

Your statement of the facts Is as follows: 

"It has been a practice of long standing in 

Tarrant County, to provide a lcommlssaryt facility 
Hon. Doug Crouch, page 2 (C-67 ) 

for the exclusive use and benefit of persons legally confined in the County Jail. 

'Items authorized for sale to such persons 

are purchased by the County Purchasing Agent. 

"The facility Is operated within the confines 

of the jail proper by the Sheriff. All revenue 

from the sale of the Items concerned Is transferred 

to the County Auditor, who in turn deposits same in 

the appropriate fund." 

The following statute Is pertinent to the questions 

propounded this office: 

"Art. 5116. Sheriff and jailer 

"Each sheriff is the keeper of the jail of 

his county. He shall safely keep therein all prlsoners committed thereto by lawful authority, subject to the order of the proper court, and shall be 

responsible for the safe keeping of such prisoners. 

The sheriff may anvolnt a .laller to take charge of 

the jail, and suppiy the wants of those therern 

confined; but shall exercise a sunervlsion and control over the Jail." 

(Emphasis-added). 

The power of the Commissioners Court is limited to that 

conferred by the Constitution and statutes, either expressly or 

by necessary lmpllcatlon. Von Rosenberg v. Iovett, 173 S.W. 308 

(Tex.Clv.App. 1915, error ref.); Roper v. Hall 260 S.W. 289 ~(Te

Clv.App. 1925); Hill v.Sterrett, 252 S W 2d 466 (Tex. Clv.App 

1952, error ref. n.r.e.).. After a thor$h search, this off& 

can find no express or Implied authority for the operation of a 

“commissary” such as you describe. 

Article 5116, supra, authorizes the sheriff to&u~~ly 

the “wants” of those prisoners confined in the jail. - 

fice has repeatedly held that the sheriff is authorized to purchase all food and “necessary supplies" for the prisoners. Purther, that It Is not the duty of the Commissioners' Court, County 

Auditor or the County Purchasing Agent to purchase the food and 

necessary supplies of the prisoners but this duty is speclficall

imposed on the sheriff. Since all sheriffs have been compensate

on a salary basis since January 1, 1949, the sheriff cannot 'be 

allowed specific fees or commissions by the county for feeding 

the prisoners In jail, but he is entitled to all actual and 

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Hon. Doug Crouch, page 3 (C- 67 ) 

necessary expenses Incurred by him for feeding the p"lsoners 

In his custody. Attorney General's Opinions Nos. V-359 (19&T), 

V-1188 (1951), and V-1232 (1951). 

Since this office can find neither express nor lmplied authority for the operation of a “commissary” as you 

described, which sells toilet articles, etc., for the use of 

prisoners In a county jail, we feel that the present operation 

of the commissary is not wlthln the purview of existing law. 

We are of the opinion that toilet articles and other personal 

Items could be sold at cost to the prisoners to provide their 

wants, as It would be within the purview of Article 5116, Vernon's Civil Statutes. We are of the further opinion that the 

operation, supervision and control of such a facility, to lnelude purchasing of merchandise, is vested in the sheriff. 

SUMMARY 

The operation of a profit making "commissary" within 

the confines of the Tarrant County jail which sells 

toilet articles and authorized Items for the exclusive 

personal use and benefit of those legally confined therein, is not authorized either expressly or implledly by 

existing law. 

However, the sheriff may supply at cost the necessary 

supplies for prisoners and the sheriff would have control 

over the purchase of such items for the prisoners within 

his jail. 

Sincerely, 

XACGONER CARR 

Attorney General 

BM:wb:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Polk Shelton 

Frank Booth 

Norman Suarez 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone. 

Bill Morse, Jr. 

Assistant 

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