# 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 ExecutiveDirector Commissionon Jail Standards P. 0. Box 12985 Austin, Texas 78711
DearMr. Viterna: OpinionNo.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 thatholding cells in county facilities,separate and distinct from the county jail, complywith 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 shallhave charge and control of the court houses of their respective counties, subject to such regulationsas the commissioners court may prescribe...." The specific duties of the county commissioners and the sheriffwith respect to their county jails are governedby 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 fora county for the confinementof personsaccused or convictedof an offense."
A statute should be given a fair and sensible construction in order to carry out thepurpose forwhich itwas enactedand shouldnot be construed in such a manner as to nullify or defeat its purpose. CitizensBank of BryanV. First State Bank of Hearne, 580 S.W.2d 344, 348 (Tex. 1979);SalasV. 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. - SanAntonio 1977,no writ). The enactment of article 5115.1, V.T.C.S., makes clear the legislativeintent that the Texas Commissionon Jail Standards improve conditions of confinement for county jail inmates. See Texas --

p. 2050Mr. 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 conditionsof 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. Thiswould includeholding cellswhether theybe 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-roomholding 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 Commissionon Jail Standards in the operationandmaintenance 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, separateand distinct from the county jail, comply withminimum jail standards.

MARK WHITE Attorney General of Texas JOHNW. FAINTER,JR. FirstAssistantAttorney General RICHARD E. GRAY III ExecutiveAssistantAttorney General Preparedby Mary Noel Golder AssistantAttorney General APPROVED: OPINION COMMITTEE SusanL. Garrison,Chairman Jon Bible Rick Gilpin PatriciaHinojosa Jim Moellinger

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