The Attorney General of Texas 

May 3, 1978 

JOHN L. HILL 

Attorney General 

Honorable Steve Suttle 

Chairman, Texas Commission on 

Jail Standards 

P. 0. Box 12985 

.Austin, Texas 78711 

Opinion No. II- 1161 

Re: Authority of Texas Commission on Jail Standards to 

establish guidelines for salaries 

of county jail personneL 

Dear Mr. Suttle: 

You ask whether the Texas Commission on Jail Standards has authority 

to promulgate 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 and risky contact with violators of the 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 of county jails, the custody 

of prisoners, and the number of jail supervisory personneL V.T.C.S. art. 

5llS.L S 9(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 of jails and the custody of prisoners, see Alberti 

v. Sheriff of Harris County, 406 P. Supp. 649 (S.D. Tex. 19751, and=ki might 

arguably be within the Commission’s rule-making power. However, the 

Commission may not exercise a power expressly conferred not on it, but on 

another agency of government. See Amarillo v. Stapf, 101 S.W.2d 229 (Tex. 

1937). 

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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, 

p. 4699 
Honorable Steve Suttle - Page 2 (H-1161) 

1041a; Wichita County v. Vance, 217 S.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 of county 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). 

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You also ask whether the commissioners courts have authority to fix the pay 

of jail personnel at a level lower than the pay of other county law enforcement 

officers of equal rank and seniority. Article 3912k gives the commissioners court 

considerable discretion as to the salaries of county employees. See Attorney 

General Opinions H-992 (1977), H-860 (1976). See also Attorney Generalpinion H429 (1974) (equal salaries not required for county constables). We find no provision 

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 a lower 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 would not affect 

their salaries. See Attorney General Opinion H-985 (1977). 

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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. 

Very truly yours, 

/ Attorney General of Texas 

YtcL&+UM 

DAVID M. KENDALL, First Assistant 

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Honorable Steve Suttle - page 3 (H-1161) 

cd!ji*(- 

Opinion Committee ’ 

airman 

jst 

P. 4701