## THE A~ORSEY GESERAL OFTEXAS

OROVER SELLER8 Ausns 11. mm

**A~ORNEY GESEHAL** 

Honorable I. 8. Hand CriminalDintriot 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, providedfor 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 opinionlo, O-5297 and related opinionattaohedthereto regarding

the salary of the sheriffof Tarker County,Texas.
Va hare a question here in .Parker

County,Texas, oonoerning the sheriffs3 compensation,

which I wish to sutanit o you. The sheriff-elect has informedth,

commissioners~

court that he desirespermission to move him~,e~’

and family into the living quartersat 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 advisedas to whether in your opinionthe iberiff can legallylive 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 suppliedthe sheriffthrough 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 offioialfamily, I would appreciate your opinionaa to whether the sheriffcan legallytake 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 safelykeep thereinall prisoners committed

theretoby lawful authority,

subject

to the order of the proper court, and shall be rsaponaible

for the safe keeping of such prisoners. The sheriff may appointa ,isiler to take charge of the jail, and supply the wants of those thereinconfined; but in all cases the sheriffshall -- exercisea supervision and controlover 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 exeroiaesupervision and controlover the jail in his county and leaves to his discretion

whethera jailer is to be appointed. It is therefore the opinionof this department that the sheriffof Parker Countysnd his family,ay legallylive in tho living quartersin the county jail if the aheraf believes that in so doing he can best carry out the duties 3 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 expensesof the sheriff and his family. Nor have wa been able to find any statuteauthorizin~g the same. Therefore, it is our furtheropinion that the Ce~iaaionara* Court is not authorized to allow the sheriffor hia family their living expenses suoh a you have outlinedin your request.

7 Yoursvery truly
APPROVEDDEC. 21, 1946 ,ATTORNEY GENERALOF TEXAS a/ Harris Toler a/ J. C. Devir; Jr;

By HarrisToler & FirstAssistant J. C. Davis, Jr, AttorneyGeneral Assistant JR:djm:ldw a/ John Reeve8 BY John Reeves APPROVED OPIBIOR CGMhWl'EE

BY B.$. 5. CRXMAN