# The Attorney General of Texas

June 21, 1978
JOHN L. HILL Attorney General

Honorable George N.Rodriguez, Jr. ElPaso County Attorney Room 201,City County Bldg. ElPaso, Texas 79901 Opinion No.H- 1190
Re: Whether the commissioners court can control the operation of the county jail.
.Dear Mr.Rodriguez:
Youhave requested an opinion concerning operation of the county jail.’ You have asked “whether the Commissioners’ Court ~has the authority to supervise, direct or control the actual daily operation of the county jaiL” It is our opinion that the legislature has provided that the sheriff is the authority responsible for the operation ofthejaiL .I Article 5ll6, V.T.C.S., provides inpart: (a) Each sheriff is the keeper of the jail of his countv. Heshall safelv keep therein all prisoners comm:tted thereto by lawful authority; subject to the order of the proper court, and shall be responsible for the safe keecung of such (b) prisoners. The sheriff may appoint ajailor to take charge ofthe iaiL and sunnlv the wants of those therein confined; ‘but in‘*ail cases the sheriff shsll exercise asupervision and control over the jaii (Emphasis added). This language is clear that the sheriff “shall exercise a supervision and control” and the nature of thii authority is such that it precludes the commissioners court from such authority over the jaiL The sheriff is the “keeper” of the jaiL Keeper is defied as a “custodian, manager, or superintendent; one whohas the care, custody or management of any thing orplace; one who’has orholds possession ofanything.” Black’s Law Dictionary 1007(4th ed. 1951). The sheriff has the authority to hire and fire the jailor and other personnel, V.T.C.S. article 5R6, section b, article 2351~; Anderson v. Wood, 152S.W.2d 1084(Tex. 1941);Letter Advisory No. R6(1975);

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Attorney General Opinion G-2444 (1940),and is responsible for the safekeeping of the jail, V.T.C.S. article 5116(a);Code’of Criminal Procedure, article 16.21. The sheriff mav be liable in a civil action for breach of thii dutv of safekeeoine of prisoners. -Browning v. Graves, 152S.W.2d 515(Tex. Civ. App. - Fort Worih~k41, writ ref’d). The sheriff inWhirl v. Kern, 407P.2d 781(5th Cir. 1968),cert. denied, 396 U.S. 901 (1969), was held liable for failing to release a prisoner after the charges had been dropped. The court said “the statutory obligations of a Texas sheriff are not amorphous ones.” E at 794. “Article 5ll6, places the responsibility for the county jail directly upon the county sheriff.

...” Ia. at 795; see art. 5llSc, V.T.C.S.; but see Attorney General Opinion H-544 (1975)and cases cited therein.
The authority of the commissioners court, on the other hand, is of abroader and more general scope which does not require actual operation of the jails although monitoring and observation would certainly be proper. Generally, the “Commissioners Court is responsible for funding the agencies which comprise the criminal justice system.” Alberti v.Sheriff of Harris County, 406P.Supp..649, 659 (SD. Tex. 1975) (unsafe and crowded jail conditions). Article 5115,V.T.C.S., provides that The Commissioners Court shell provide safe and suitable

jails for their respective counties, and shall cause the same to be maintained in good sanitary condition at all times, properly ventilated, heated and lighted; structurally sound, fire resistant and kept in good repair. Furthermore, they shall cause the jails intheir respective counties to bekept in a clean and healthy condition, provided with water of safe quality and ample quantity and sewer disposal facilities in accordance with good sanitary standards, and provided with clean, comfortable mattresses and blankets, sufficient for the comfort of the prisoners, and that food isprepared and served in a palatable and sanitary manner and according to good dietary practices and of a quality to maintain good health. Such jails shall comply with the provisions of this Act and with the rules and procedures ofthe Commission on Jail Standards.
Article 2351,V.T.C.S., provides that “Each commissioners court shall:.

.. [plrovide and keep in repair court houses, jails and all necessary public buildings.” Article 1603,V.T.C.S., has a similar provision. The county, for which the commissioners court is the governing body, isliable for the expense of the jail and safekeeping of the prisoners. Code Crim. Proc. art. 1037. The court approves and compensates the employees selected by the sheriff for employment in the jail, article 6871, V.T.C.S.; Attorney General Opinion O-2444 (1940); however, the court cannot

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interfere with the employment ~relationships within the office of an elected official. V.T.C.S. art. 3092. The authority ofthe commissioners court over the jail is limited to providing the jail, adequate funding, and broad operational guidelines which leave the actual operation of thejail with the sheriff.
SLFMMARY Authority to supervise, direct or control the actual daily operation of a county jail is vested in the office of the sheriff although the commissioners court does have general responsibilities inconnection with the operation of the jail.

APPROVED:

DAVIDM.KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee

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