The Attorney General of Texas 

June 21, 1978 

JOHN L. HILL 

Attorney General 

Honorable George N. Rodriguez, Jr. 

El Paso County Attorney 

Room 201, City County Bldg. 

El Paso, Texas 79901 

Opinion No. H- 1190 

Re: Whether the commissioners 

court can control the operation 

of the county jail. 

.Dear Mr. Rodriguez: 

You have 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 of the jaiL 

.I 

Article 5ll6, V.T.C.S., provides in part: 

(a) Each sheriff is the keeper of the jail of his 

countv. He shall 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 a jailor to take charge 

of the iaiL and sunnlv the wants of those therein 

confined; ‘but in‘ *ail cases the sheriff shsll 

exercise a supervision 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 who has the care, custody or management of 

any thing or place; one who’has or holds possession of anything.” 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, 152 S.W.2d 1084 (Tex. 1941); Letter Advisory No. R6 (1975); 

p. 4790 
Honorable George N. Rodriguez, Jr. - Page2 (H-1190) 

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, 152 S.W.2d 515 (Tex. Civ. App. - Fort Worih~k41, 

writ ref’d). The sheriff in Whirl v. Kern, 407 P.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 a broader 

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, 406 P. 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 in their respective counties to be kept 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 is prepared 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 of the 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, is liable 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 

p. 4791 
Honorable George N. Rodriguez, Jr. - Page 3 (H-1190) 

interfere with the employment ~relationships within the office of an elected 

official. V.T.C.S. art. 3092. The authority of the commissioners court over the jail 

is limited to providing the jail, adequate funding, and broad operational guidelines 

which leave the actual operation of the jail 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 in connection with the operation of the jail. 

APPROVED: 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

P. 4792