1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

gplroc.- 

AUSTIN 

--- 

Honorable B.T. Waltera 

Cm&y Auditor 

srith caunty 

Tyler, Texas , ‘. 

Dear sir: 

', ', 

‘\ 

oplnlon No. 0#2cj '.., ': 

Ret Coarl88+"ra'~~-5our# - Authority 

to build 

Pmp sr tY l 

dvell?ing~.~~~, mud+? farm 

ë... 

earehilly oonaidered by 

itequest a8 follovsr 

8EiOnlms Qourt 

nd county fundll 

ed by the county; 

handOrhfUldS 

‘8 Annotated Texas Oode of Orlmln- 

’ i 

1 

&me& amresssd ln 8 eonrlsir aonfinement in jell for 

r vhere in muoh aonvlotion 

t ta’aasemmd only at a peaunfary 

arty 80 aonviated 1s unable to pay 

oste adjudged againat hlr thcma 80 

1 be required to do Mmrrl labor 

in aaaordanacs with the provlslona of this article under the follovlng rules and regulations: 

"1. Raah oomuiasloners court my provide 

for the ereotion of a vorkhouse and the eatabliahment of a county farm in conneotlon therewith for 

the purpose of utlllcing the labor of said par- 
Honorable B.T. Walters, Page 2 

ties 80 convicted. 

"2. Such farms end vorkhou6es 8hall be under 

the control and mgement of the cosml88ioners 

court, and said oourt may adopt such rules and 

regulation8 not Inconsistent with the lavs as they 

deem necerrsary for the 8uoaeasful management end 

operation of said institutions and for efiectively utlllaing aald labor. 

“3. Such overseer8 and guard8 may be employed under the authority of the comslssionerlr court 

as may be necessary to prevent escapes and to enforce such labor, and they shall be paid out of 

the county treasury such aompensatfon aa said 

court may prescribe. 

!!4. Those 80 oonvioted shall be 80 guarded 

while at work a6 to prevent eecape. 

‘5. They shall be put to labor upon the publie road., bridge8 or other public works of the 

aounty vhen their labor tmnnot be utillaed in 

the county vorkhouee or aounty farm. 

Se&ion 1 of the above statute authorlses the oomm18810nerst courts of th%s State to ereat vorkhou8ea md 

establish county farm. Se&ion 2 of the above atatute 

place. the control and management of such rorkhau8e8 snd 

oounty farms In the~comsd.88loner8~ courts and also authorizes the commlssloners oourte to idopt such rule8 and regulations not lnconalstent with the lava aa they deem neoessary for the 8ucoessPul management and operation of said 

institutions snd for effectively utillting such labor. Seotion 3 provides for the employment of guards and overseera. 

Section 5 provides that the aonvlots shall be put to labor 

on the roads snd publla vorks when their labor cannot be 

utillsed on the oounty farm or county vo&house. 

The above statute authorIre the e8tablleEusent of 

a county farm. Bulldings necessary for the suoce88iul operotlon of the oounty farm, such as, housing for conviata, guard8 

and overneera, barns, eta. stay be built by the oonml8slonera* 

court. Although Section 5 of the above quoted artiale oontemplates the use of conviot labor on the county farm, we Wink 
Honorable B.T. Walters, Page 3 

that if there were not sufflaient oonvict labor on hand to 

successfully operate the county farm the aommietxionere' 

court vould clearly have authority to hire outside labor 

to make or gather crops, etc. on the county farm necessary 

for the suacessful operation of the farm. 

You are respectfully advleed that it is the opinion of this department that if the ooamris~lon8rat court 

deter&Lnee that the building of the proposed dwelling on 

the county farm Is neaeaeary for the sucaessful management 

and operation of the aounty farm, lnaludiag the utll~zatlon 

of convict labor, they may lawfully expend county funds for 

such purpose. 

WJFlAW