# The Attorney General of Texas March 4, 1980 MARK WHITE Attorney General
Honorable George N.Rodriguez, Jr. ElPaso County Attorney Room 201,City-County Building ElPaso, Texas 79901 Dear Mr.Rodriguez: Opinion No.NW-143 Re: Operation of a commissary at aprofit. jail

You ask whether the ElPaso County Jail may maintain ajail store. If so,you wish to know whether the store may beoperated at aprofit, 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 onJail 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 ofthe 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)wasissued, 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 ofprisoners. V.T.C.S. art. 5B5.1,S9(a). The commission haspromulgated the following rule regarding the establishment ofa 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 acornmiss= pursuant to the regulation of the Commission onJail Standards.

P. 460Honorable 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 ofaprofit making commissary wouldbe consistent with article 5B6, V.T.C.S., where the profits are spent for the benefit, education, and welfare ofjail inmates. SUMMARY

The El Paso County Jail may maintain ajail store and operate it at a profit, provided all profits are spent for the benefit, education, and welfare ofjail inmates. Very truly yours,

- MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared bySusan Garrison Assistant Attorney General APPROVED: OPINION COMMITTEE C. Robert Heath, Chairman Jim Allison BobGammage Susan Garrison Rick Gilpin Sue Lowe

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