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The Attorney General of Texas 

December 27. 1984 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin. TX. 7671% 2546 

5121475-2501 

Telex 910167~1367 

Telecopier 51214750286 

714 Jackson. Suite 700 

Dallas. TX. 75202.4506 

2141742-6944 

4624 Alberla Ave.,SUiN 160 

El Paso. TX. 789052793 

915l533.3464 

1001 Texas. Suite 7OO 

Houston. TX. 77OO2~3111 

713l223566a 

806 Broadway. SuiN 312 

Lubbock. TX. 79401.3479 

8061747.5236 

4309 N. Temh. Suite S 

McAllan. TX. 76501.1665 

5121662.4547 

xx) Main Plaza. Suile 4W 

San Anlonio. TX. 762052797 

512f2254191 

An Equal Opporfunityl 

Aflirmative Action EmplOW 

Mr. Robert 0. Vi(.erna 

Executive Direct<11 

Texas Cozmnission cmn Jail Standards 

P. 0. Box 12985 

Austin, Texas ie711 

Re: Authority of the Texas 

Conrmission on Jail Standards 

to perform an occupancy inspection of jail facilities 

in a project built pursuant 

to ar~ticle 237Oc-3, V.T.C.S. 

Dear Mr. Viternn: 

You have asked the following three questions about your authority 

under article 51:.5.1, V.T.C.S., with regard to the jail facilities in 

a project authorj.zed by article 237Oc-3, V.T.C.S.: 

1. P:ay the Texas Commission on Jail Standards 

perform an occupancy inspection of the facility? 

Rule 217.04.00.007 of the Texas Commission on Jail 

Standa1,d.s. 

2. If the jail complies with stsndards, may 

the Texas' Commission on Jail Standards authorize 

Bowie County to occupy the jail and house Texas 

inmates; therein? Rule 217.04.00.009 of the Texas 

Commisc~lon on Jail Standards. 

3. Finally, If the jail is occupied, does the 

Texas Commission on Jail Standards have authority 

to inspect the jail yearly for compliance with 

Texas rlinimum jail standards? Rule 217.25.00.011 

of the Texas Commission on Jail Standards. 

These rules are promulgated under sections 9 and 11 of article 5115.1, 

V.T.C.S., which XJthorize the inspection of county jails to enforce 

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:~: 

authorities, 

well as of Arkansas and Texas county and municipal 

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