THE A~ORSEY GESERAL 

OFTEXAS 

OROVER SELLER8 Ausns 11. mm 

A~ORNEY GESEHAL 

Honorable I. 8. Hand 

Criminal Dintriot Attorney 

Weatherford, Tena 

Dear Sir: 

opinion No. 0-7600 

Rer Under the given faatr, ce,r, the 

Sheriff of Parker Caun+q legally 

live in the living quartera in 

the aounty jail, provided for the 

jailer of the aounty, reoei~ing 

thereby free rent, utilitier and 

groceries? 

Your letter of recent date requesting an opinion from this department on 

the above aubjeot matter is a8 follows; 

“I have your opinion lo, O-5297 and related opinion attaohed thereto 

regarding the salary of the sheriff of Tarker County, Texas. 

Va hare a question here in .Parker County, Texas, oonoerning the sheriffs3 

compensation, which I wish to sutanito you. The sheriff-elect has 

informed th, commissioners~ court that he desires permission to 

move him~,e~’ and family into the living quarters at the county 

jail and ti, live there and perform the dutios a8 jailor, or if this 

is objectionable, he states that he will merely live there and have 

a regular jailor. The: oomissioners~ court paya for all expenses 

of the jail and the jailor living there, including groceries, utilities, etc. I beg to be advised as to whether in your opinion the 

iberiff can legally live in the living quarters provided for the 

gailor of the,oounty, reoeiving thereby free rent, utilities, and 

g00erie.9. 

*It would appear to me under your ~OpiniOn as ret out above that this 

oould not be legally done unless the oommisaionera’ oourt should 

mter an order increasing the oompensation of the sheriff a8 provided 

in Artiole 3891, Betting the amount of the increase at an equivalent 

of the value of the rent and other items supplied the sheriff through 

his residence at the jail. 
&XI. I. B. Rand - Page 2- O-7500 

%a this is question which preaenta a somewhat dilicate problem in 

our offioial family, I would appreciate your opinion aa to whether 

the sheriff can legally take up his residence with his family at 

the jail, and of so, under what conditions.' 

Article 5116, V. A. C. S., p rovidea: 

"Eaoh sheriff is tha keeper of the jail of his oomty. & shall 

safely keep therein all prisoners committed thereto by lawful 

authority, subject to the order of the proper court, and shall be 

rsaponaible for the safe keeping of such prisoners. The sheriff 

may appoint a ,isiler to take charge of the jail, and supply the 

wants of those thereinconfined; but in all cases the sheriff shall -- 

exercise a supervision and control over the ;lail." (Underscoring - 

ours) 

The word "may" is usually only permissive or disorationary, while the 

word "shall" is of mandatory effect. See: Xorda and Pheraes, Vol. 26, 

pp. 760-770. 

It will be noted that Article 5116 places a mandatory duty on the sheriff 

to exeroiae supervision and control over the jail in his county and leaves 

to his discretion whether a jailer is to be appointed. It is therefore 

the opinion of this department that the sheriff of Parker County snd 

his family, ay legally live in tho living quarters in the county jail 

if the aheraf 3 believes that in so doing he can best carry out the duties 

prescribed in Artiole 5116. 

It will be noted, however, that Artiole 5116 does not authorize a county 

to pay the utilities, groceries or other living expenses of the sheriff 

and his family. Nor have wa been able to find any statute authorizin~g 

the same. Therefore, it is our further opinion that the Ce~iaaionara* 

Court is not authorized to allow the sheriff or hia family their living 

expenses suoh a you have outlined in your request. 

7 

Yours very truly 

APPROVED DEC. 21, 1946 ,ATTORNEY GENERAL OF TEXAS 

a/ Harris Toler a/ J. C. Devir; Jr; 

By Harris Toler & 

First Assistant J. C. Davis, Jr, 

Attorney General Assistant 

JR:djm:ldw a/ John Reeve8 

BY John Reeves 

APPROVED OPIBIOR 

CGMhWl'EE BY B.$. 5. CRXMAN