The Attorney General of Texas 

March 4, 1980 

MARK WHITE 

Attorney General 

Honorable George N. Rodriguez, Jr. 

El Paso County Attorney 

Room 201, City-County Building 

El Paso, Texas 79901 

Dear Mr. Rodriguez: 

Opinion No. NW-143 

Re: Operation of a 

commissary at a profit. 

jail 

You ask whether the El Paso County Jail may maintain a jail store. If 

so, you wish to know whether the store may be operated at a profit, provided 

all profits are spent for the benefit, education, and welfare of the jail 

inmates. We assume that none of the profits are used to provide items 

which are required to be furnished to inmates under the minimum standards 

of the Commission on Jail Standards. 

Attorney General Opinion C-67 (1983) considered a similar question 

and found no express or implied authority for the operation of a 

“commissary” within’ the county jail. However, it noted that article Sll6, 

V.T.C.S., required the jailer “to take charge of the jail, and supply the wants 

of those therein confined” and concluded that toilet articles and other 

personal items could be sold at cost to prisoners. (Emphasis added). 

After Attorney General Opinion C-67 (1963) was issued, the legislature 

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

Standards. Acts 1975, 64th Leg., ch. 480, at 1278. The commission is 

required to establish minimum standarcb for the construction and operation 

of county jails and for the care of prisoners. V.T.C.S. art. 5B5.1, S 9(a). The 

commission has promulgated the following rule regarding the establishment 

of a commissary: 

Space appropriate to capacity of the jail should be 

provided for an inmate commissary, or a written 

program shall be established for inmates to obtain 

supplies from nearby sources. 

Texas Commission on Jail Standards, Minimum Jail Standards, Rule 

217.05.022. See also Rules 217.07621 and 217.22.001(c). In our opinion, a 

county jail may now maintain a cornmiss= pursuant to the regulation of the 

Commission on Jail Standards. 

P. 460 
Honorable George N. Rodriguez, Jr. - Page Two (NW-143 1 

You also ask whether the commissary may be operated at a profit, provided all 

profits are spent for the benefit, education, and welfare of the jan inmates. Attorney 

General Opinion C-67 (1963) stated that the sheriff could not operate a profit making 

. However, the principal reason for that conclusion was that the commissary 

~f~~%?t to the use and benefit of the sheriff’s office. Where the profits are spent for 

the benefit of the jail inmates, they help “supply the wants” of persons confined in jail. 

Consequently, we believe the operation of a profit making commissary would be consistent 

with article 5B6, V.T.C.S., where the profits are spent for the benefit, education, and 

welfare of jail inmates. 

SUMMARY 

The El Paso County Jail may maintain a jail store and operate it at 

a profit, provided all profits are spent for the benefit, education, 

and welfare of jail inmates. 

Very truly yours, 

- MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Susan Garrison 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

Jim Allison 

Bob Gammage 

Susan Garrison 

Rick Gilpin 

Sue Lowe 

p. 461