# The Attorney General ofTexas May 3, 1978 JOHN L.HILL Attorney General
Honorable Steve Suttle Chairman, Texas Commission on Jail Standards P.0. Box12985 .Austin, Texas 78711 Opinion No.II- 1161 Re: Authority of Texas Commission on Jail Standards to establish guidelines for salaries ofcounty jail personneL Dear Mr.Suttle: Youask whether the Texas Commission onJail Standards has authority topromulgate the following rule:

Pay for correction officers shall be equivalent to that of other appointed deputies of similar grade, status, and/or tenure whose daily duties require frequent, close andrisky contact with violators ofthe law. Rule 217.14.003. Thii rule would equalize the pay of correction officers workiig in county jails with that received by law enforcement personnel in the field. The Commission on Jail Standards has authority to promulgate rules establishing minimum standards for the operation ofcounty jails, the custody of prisoners, and the number of jail supervisory personneL V.T.C.S. art. 5llS.L S9(a)(1)-(3). It has no express authority to establish guidelimes for salaries paid jail personneL Such guidelines might help achieve minimum standards for the operation ofjails and the custody ofprisoners, see Alberti v. Sheriff of Harris County, 406P.Supp. 649(S.D.Tex. 19751,and=ki might arguably be within the Commission’s rule-making power. However, the Commission may not exercise apower expressly conferred not onit, but on another agency of government. See Amarillo v. Stapf, 101S.W.2d 229(Tex. 1937). - The Legislature has given the commissioners court authority to determine salaries of county employees, including persons employed in county jails. See V.T.C.S. arts. 3912k,6871;Code Crim. Proc. arts. 1037,1041,

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1041a;Wichita County v. Vance, 217S.W.2d 702(Tex. Civ. App.- Fort Worth 1949, writ ref’d n.r.e.); Attorney General Opinion O-2444 (1940). See also Smith v. Sullivan, 553 F.2d 373 (5th Cir. 1977). Since the commissioners court has express authority to determine salaries ofcounty jail personnel, while the Commission has no such express authority, we believe the rule is invalid. See Amarillo v. Stapf, s, Attorney General Opinion H-475(1974). - Youalso ask whether the commissioners courts have authority to fix the pay ofjail personnel at a level lower than the pay of other county law enforcement officers of equal rank and seniority. Article 3912kgives the commissioners court considerable discretion as to the salaries of county employees. See Attorney General Opinions H-992(1977), H-860(1976). Seealso Attorney Generalpinion H429(1974)(equal salaries not required for county constables). Wefind noprovision requiring the salaries of jail personnel to equal salaries of other county law enforcement officers, and conclude that the commissioners court may set their salaries at alower level. In counties which have adopted **a** civil service system pursuant to article 2372h-6 the rules of the civil service commission concerning classification, promotion, and benefits of county employees could tend to equalize salaries. Whether this has occurred must-be determined on a case-by-case basis. Since deputy sheriffs are not subject to the civil service act, such rules wouldnot affect their salaries. See Attorney General Opinion H-985(1977).

- SUMMARY The Texas Commission on Jail Standards lacks authority to promulgate a rule equalizing the salaries of county jail personnel with the salaries of law enforcement officers in the field. The commissioners court has authority to fix the salaries of jail personnel at a level lower than the pay of other county law enforcement officers of equal rank and seniority. Verytruly yours,

/ Attorney General ofTexas 

# YtcL&+UM DAVIDM.KENDALL, First Assistant

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