DAN MORALES 

ATTORNEY GENERAL 

QMfice of the Elttornep QBeneral 

@date of IICexae 

May 13.1992 

Honorable Joe S. Falco, Jr. 

Grimes County Attorney 

Cmmty Courthouse 

P. 0. Box 439 

Anderson, Texas 77830 

Opinion No. DM-120 

Re: Whether Grimes County may construct 

its new jail at a location in the county 

outside the county seat (RQ-336) 

Dear Mr. Falco: 

You ask whether the Commissioners Court of Grimes County, Texas, may 

construct its new county jail in a location within Grimes County but outside of the 

county seat. You state that the present county jail facility is located in the 

unincorporated town of Anderson, which is the county seat. The jail facilities are 

inadequate and substandard, and a new facility must be constructed.. You wish to 

know if the new jail may be built in Navasota, an incorporated city in Grimes 

County, approximately ten miles from the county seat. 

County jails have ordinarily been located at the county seat, and under 

former law, certain county jails were required to be located at the county seat. See 

Attorney General Opinion M-637 (1970) (if county has only one jail, it must be 

located at county seat); 35 D. BROOKS, COUNTY AND SPECIAL DISTRICT LAW 

9 20.52 (Texas Practice 1989); see also Attorney General Opinion O-2201 (1940) 

(county jail may be located outside of county seat). An examination of current 

provisions on the location of a county jail demonstrates that the Grimes County 

Commissioners Court is authorized to locate the new jail anywhere in the county 

including outside of the county seat. 

Statutes on the location of county jails are codified in chapter 2921 and at 

section 351.001 of the Local Government Code. We will begin by looking at section 

351.001, which provides as follows: 

lThe title of ehaptcr 292 of the Local Government Code is “Auxiliary County Buildings. 

However, the heading of a chapter does not hit or expand the meaning of a statute. Gov’t Code 

0 311.024. Thus, we cannot assume that all provisions of chapter 292 on the location of county jails 

pertain only to awiliary county jails. 

p. 616 
Honorable Joe S. Falco. Jr. - Page 2 (DM- 12 0 ) 

(a) The commissioners wurt of a wunty shag provide safe 

and suitable jails for the county. 

(b) The jails must be located at the county seat U&W the 

wun@havon&onej~inwhichcasethejaiImaybelocated 

a?lyw~inthecountyatthf?diraetionofthew~~ 

wuli. 

Local Gov’t Code 0 351.001 (emphasis added). Subsection (a), formerly article 

5115, was recoditled in 1987 as section 351.001 of the Local Government Code. 

Another 1987 enactment, House Bii 16 of the 78th Regular Legislative Session, 

adopted the provision now codified as subsection (b) of section 351.001. Acts 1987. 

70th Leg., ch. 92,s 4; see ako Acts 1989,71st Leg., ch. 1,s 64(e) (wnforming section 

351.001 to 1987 enactment). The bill analysis to House Bill 16 stated that under 

current law, a county with only one county jail must locate it in the wunty seat. 

House Comm. on County Affairs, Big Analysis, H.B. 16, 78th Leg. (1987). The 

purpose of the big was stated as follows: 

H.B. 16 allows the Commissioner’s Court of a county having 

only one county jail to locate [it] anywhere in the county that the 

Commissioner’s Court deems appropriate. 

A 1989 amendment to section 292.001 of the Local Govermnent Code gives 

the commissioners court even broader discretion than does section 351.001 with 

respect to choosing the location of the county jail. Section 292.001 provides in part: 

(a) The commissioners court of a county may purchase, 

wnstruct, or provide by other means,. . . a building or rooms, 

other than the wurthouse, for the housing of county or district 

offices, county or district courts, justice of the peace courts,. . . 

or county jail facilities, . . . if the wmmissioners court 

determines that the additional building or rooms are necessary. 

(b) The building or rooms must be located in the county 

seat. However, if the building or nwms are for houdng county jail 

ftac#ia, the building or rooms may be located anywhere in the 

wunty at the discretion of the commissioners court 

p. 617 
Honorable Joe S. Falco, Jr. - Page 3 WI- 12 0 ) 

Local Gov’t Code 0 292.001 (emphasis added). The emphasized language was 

added in 1989. Acts 1989,71st Leg., 1st C.S., ch. 31. 0 1. The predecessor of this 

statute was adopted in 1957, codified as sections 1 and 2 of article 237Ob. V.T.C.S, 

and recodEed in 1987 as section 292.001 of the Local Government Code. Acts 

1957,SSth Leg., ch. 476, at 1386, Acts 1987,7Oth Leg., ch. 149.0 1. As adopted, it 

provided that all such buildings or rooms, including those for county jail facilities, 

must be located at the wunty seat. Acts 1957,55th Leg., stp~.~ The bill analysis to 

the 1989 amendment gave the following background for this provision: 

Section 292.001 of the Local Government Code prohibits 

the building of a county jail facility at any location other than the 

county seat. The law can be worked around by contracting with 

another county to house their prisoners, thus making the jail 

facility an interlocal jail under Article 4413(32c), V.T.C.S. 

Section 292.001 was passed near the turn of the century and 

many county officials believe it has outlived its otiginal intent 

House Comm. on County Affairs, Bill Analysis H.B. 25,71st Leg., 1st C.S. (1989). 

The purpose of the amendment, according to the bill analysis, was to allow 

“the county jail to be built anywhere within a county’s geographic boundaries at the 

discretion of the commissioners court.” Section 292.001 of the Local Government 

Code authorizes the county commissioners to locate the jail anywhere in the county, 

whether or not it is the only jail in the county. 

Sections 292.002 and 292.004 of the Local Government Code also address 

the location of the county jail. These statutes were both adopted in 1979 and their 

provisions on the county jail have not been amended since then. Section 292.002 of 

the Local Government Code expressly authorizes the wunty to build a jail outside 

of the wunty seat: 

(a) The commissioners court of a county may provide an office 

building or a jail facility at a location in the county outside the 

2ArticIe 23X%, V.T.C.S., as em&d in 1957, see Acts 1957, 55tb Leg., ch. 476, at 1386, 

authorized the co mmiasi~ers court to squire a courthouse building or a jail building “(ii addition to 

the existbg eomtho~ and/or jail).’ Thus, it or&ally pertained to ~11 amilky facility, but the 

rele!mtlangurgchasbccnrepc.3lcd Acts1!%9,7lstLe&dl.1,f64(f). 

p. 618 
Honorable Joe S. Falw. Jr. - Page 4 (IX+ 12 0 1 

county seat in the same manner that is applicable to such a 

buildiqorfacilityatthecountyseat.... 

Local Gov’t Code 0 292.002. This language was derived from a 1979 enactment 

formerly codified as V.T.C.S. article 237Ob-3,0# 13. Acts 1979,66th Leg., ch. 18, at 

28. 

Another 1979 enactment, now codified as section 292.004 of the Local 

Government Code appears to be inconsistent with section 292.002: 

(a) The commissioners wurt of a county may provide, 

inside~hemkcipa&d&gnakdarfhecowUyseat,arlauxiky 

wurthouse, u jail, . . . or any facility related to the administration 

of civil or uiminal justice. For purposes of this section, the 

municipality designated as the county seat includes territory 

added to the municipality after it became the county seat but 

excludes any part of the municipality outside the county. 

. . . . 

(f) This section does not limit the authority of the 

commissioners court under any other law relating to the 

providing of county facilities. 

Acts 1979,66th Leg., ch. 174, at 382 (formerly codified as sections 1 - 3 and 6(a) of 

article 1605a-5, V.T.C.S.) (emphasis added). 

The express permission given by section 292.004 for locating an auxiliary jail 

in amtexed portions of the county seat indicates that it does not otherwise. authorize 

the jail be located outside the boundaries of the original county seat. However, 

sections 292.002 and 292.004 could have been harmonized even in 1979 by 

construing them as cumulative, rather than inconsistent, in the authority they gave 

the county to determine where to locate wunty jail fkilities. See genes& Attorney 

General Opinion JM-606 (1986) (citing V.T.CS. articles 1605a-5,237Ob and several 

other statutes as authorizing the creation of branch offices for county officers 

outside the county seat and of auxiliary courthouses both at the county seat and 

outside of it). 

The adoption of the 1989 amendment to section 292.001 establishes that the 

wmmissioners court has authority to build jails outside the county seat. As the 

p. 619 
Honorable Joe S. Falco, Jr. - Page 5 @M-l 20) 

latest expression of legislative intent, this provision controls over any inconsistent 

provision of the earlier-adopted section 292.004. Gov’t Code O3ll.U25(a). 

Moreover, the 1989 amendment to section 292.001 pertains only to jails, while 

section 292.004 pertains to several kinds of county facilities. In the event of an 

hconcilable conflict between a general provision and a special provision, the 

special provision will prevail BS an exception to the general provision. Gov’t Code 

0311.026(b). Accordingly, the Commissi oners Court of Grimes County has 

authority under section 292.001 of the Local Government Code to build jail facilities 

outside of the county seat. 

SUMMARY 

Article 292.001 of the Local Government Code authorizes a 

commissioners court to build a county jail at any location within 

the wunty, including a location outside of the county seat. 

DAN MORALES 

Attorney General of Texas 

WILL PRYOR 

First Assistant Attorney General 

MARYKEJLER 

Deputy Assistant Attorney General 

RBNBAHIcKs 

Special Assistant Attorney General 

MADELEINE B. JOHNSON 

Chair, Opinion Committee 

Prepared by Susan L Garrison 

Assistant Attorney General 

p. 620