The Attorney General of Texas 

December 31. 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. BOX 12546 

Austin, TX. 76711. 2546 

512/475-2501 

Telex 910/674-1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas. TX. 75201-4709 

2141742-6944 

4624 Alberta Ave., Suite 160 

El Paso. TX. 79905-2793 

915/533-3464 

1220 Dallas Ave., Suite 202 

Houston. TX. 77002.6966 

7131650.0666 

606 Broadway. Suite 312 

Lubbock, TX. 79401.3479 

60+1747-5236 

4309 N. Tenth, Suite B 

McAlle”, TX. 76501-1685 

5121662.4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 762052797 

5121225-4191 

An Equal Opportunityl 

Affirmative Action Employer 

Mr. Robert 0. Viterna 

Executive Director 

Commission on Jail Standards 

P. 0. Box 12985 

Austin, Texas 78711 

Dear Mr. Viterna: 

Opinion No.MW-559 

Re: Whether county holding 

rooma in separate court 

building are part of jail 

You ask whether the Texas Commission on Jail Standards has the 

authority to require that holding cells in county facilities, separate 

and distinct from the county jail, comply with minimum jail standards. 

Article 2351. V.T.C.S., enumerates the general powers and 

responsibilities of the county commissioners and requires that they 

"provide and keep in repair court houses, jails and all necessary 

public buildings." Article 6872, V.T.C.S., provides that "sheriffs 

shall have charge and control of the court houses of their respective 

counties, subject to such regulations as the commissioners court may 

prescribe...." The specific duties of the county commissioners and 

the sheriff with respect to their county jails are governed by article 

5115.1, V.T.C.S., which created the Texas Commission on Jail 

Standards. This statute authorizes the Commission on Jail Standards 

to formulate and enforce minimum jail standards against the county 

sheriff and county commissioners for the care, custody,and treatment 

of prisoners and for county jail construction, maintenance, and 

operation. Article 5115.1, V.T.C.S., in section 2 defines a county 

jail as "any jail, lockup, or other facility that is operated by or 

for a county for the confinement of persons accused or convicted of an 

offense." 

A statute should be given a fair and sensible construction in 

order to carry out the purpose for which it was enacted and should not 

be construed in such a manner as to nullify or defeat its purpose. 

Citizens Bank of Bryan V. First State Bank of Hearne, 580 S.W.2d 344, 

348 (Tex. 1979); Salas V. State, 592 S.W.2d 653, 655 (Tex. Civ. App. - 

Austin 1979, no writ); Lopez V. Ramires, 558 S.W.2d 954, 957 (Tex. 

Civ. App. - San Antonio 1977, no writ). 

The enactment of article 5115.1, V.T.C.S., makes clear the 

legislative intent that the Texas Commission on Jail Standards improve 

conditions of confinement for county jail inmates. -- See Texas 

p. 2050 
Mr. Robert 0. Viterna - Page 2 (Mw-559) 

Legislative Council, Statutory Standards and Present Conditions in 

Texas Jails, Report No. 62-2 (1973). The legislative intent to 

improve the conditions of confinement for county jail inmates coupled 

wi;h the broad definition of "county jail" leads to the conclusion 

that the Jail Commission has statutory authority to regulate the 

conditions of confinement for inmates in a county's custody wherever 

they are confined. This would include holding cells whether they be a 

part of the jail facility itself or located elsewhere. As long as a 

county is utilizing a facility, even if it is a one-room holding cell 

in a court's building distinct from the jail, the sheriff and the 

commissioners court would be subject to the provisions of article 

5115.1, V.T.C.S., and the minimum jail standards promulgated by the 

Texas Commission on Jail Standards in the operation and maintenance of 

that facility. 

SUMMARY 

The Texas Commission on Jail Standards is 

authorized under article 5115.1, V.T.C.S., to 

require that holding cells in county facilities, 

separate and distinct from the county jail, comply 

with minimum jail standards. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Mary Noel Golder 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

p. 2051