The Attorney General of Texas 

November 30, 1981 

MARK WHITE 

Attorney General 

SUprE”W &.,,,I BUildhQ 

P. 0. BOX 12549 

Austin, TX. 78711 

5121475-2501 

Telex 91OlS74.1367 

Telecopier 5121475-0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201 

21417428944 

4824 Alberta Ave., Suite 160 

El Paso. TX. 79905 

81515335484 

1220 Dallas Ave., Suite 202 

Houston, TX. 77W2 

713/6500868 

606 Broadway, Suite 312 

Lubbock. TX. 79401 

8061747~5239 

4309 N. Tenth, Suite S 

McAllen, TX. 78501 

5126924547 

200 Main Plaza. suite 4OQ 

San Antonlo, TX. 78205 

512l2m191 

An Equal Opportunity/ 

Affirmative Actlon Employer 

Mr. Robert 0. Viterna 

Rxecutive Director 

Opinion No. MN-398 

Texas Commission on Jail Standards 

P. 0. Box 12985 

Austin, Texas 78711 

Re: Whether article 5115.1, 

V.,T.C.S., authorizes the Texas 

Commission on Jail Standards 

to require a county to accept 

prisoners from a county jail 

which fails to comply with 

minimum jail standards 

Dear Mr. Viterna: 

You ask whether the Texas Commission on Jail Standards has the 

authority to require that a county accept prisoners from a county 

which has been found in noncompliance with minimum jail standards and 

against which an order has been issued by the commission prohibiting 

confinement of prisoners in that county's detention facilities. 

It is clear from the legislative history of article 5115.1, 

V.T.C.S.. that the Texas Legislature created the Texas Commission on 

Jail Standards in 1975 for the purpose of improving conditions in 

county jails by formulating and enforcing minimum standards for jail 

construction. maintenance and operation and for the care, custody and 

treatment of prisoners. See Texas Legislative Council, Statutory 

Standards and Present Conditions in Texas Jails, Report No. 62-2 

(1973). 

To effectuate this purpose, the commission was granted certain 

remedial powers in section 11 of article 5115.1, V.T.C.S.. as follows: 

. . (d) If the commissioners or sheriff does not 

comply within the time granted by the commission, 

the commission mYY by order, prohibit the 

confinement of prisoners in the noncomplying jail 

and designate another detention facility for their 

confinement. If a prohibition and transfer order 

is issued, the sheriff of the county in which the 

noncomplying jail is situated shall immediately 

transfer all prisoners to the detention facility 

specified by the commission. 

p. 1352 
Mr. Robert 0. Viterna - Page 2 (MW-398) 

Section 11(e) of article 5115.1. V.T.C.S.. requires that the county 

responsible for the nonconforming jail shall bear the cost of 

transportation and maintenance of prisoners transferred by order of 

the commission. 

A statute should be given a fair and sensible construction in 

order to carry out the purpose for which it was enacted and should not 

be construed in such a manner as to nullifv or defeat its purpose. 

Citizens Bank of Bryan v. First State Bank, 580 S.W.2d 344, 348 (Tex. 

1979); Salas v. State, 592 S.W.2d 653, 655 (Tex. Civ. App. - Austin 

1979, no writ); Lopes v. Ramires. 558 S.W.2d 954, 957 (Tex. Civ. APP. 

- San Antonio 1977, no writ). 

The commission has express authority to close a noncomplying 

facility and provide for the detention of that county's prisoners 

elsewhere. In order to effectuate this authority and to achieve the 

statutory purpose of improving county jail conditions it is necessary 

that the designated facility accept these prisoners. Although 

"detention facility" is not defined in the statute, a "fair and 

sensible construction" would permit the commission to place prisoners 

from noncomplying facilities in another county jail which the 

commission knows to comply with its standards. 

Article 5116, V.T.C.S., requires the sheriff to keep in the 

county jail all prisoners cosaaitted thereto by lawful authority, 

subject to the order of the proper court. Ris responsibility for the 

county jail is statutory. Tex. Const. art. V, $23; de la Garaa v. 

State, 579 S.W.2d 220 (Tex. Grim. App. 1979). The legislature may 

provide by statute that the sheriff receive prisoners from other 

jurisdictions. See V.T.C.S. arts. 5117, 5118. See also V.T.C.S. art. 

4413(32c) gg1.4; -Attorney General Opinion IN-52 (1979). Thus, 

pursuant to the authority granted it in section 11(d) of article 

5115.1, V.T.C.S., the commission may require a county sheriff to 

accept prisoners removed from a county jail which fails to meet 

minimum standards. 

SUMMARY 

The Texas Commission on Jail Standards can 

require a county to accept prisoners who have been 

removed from a county jail which fails to meet 

minimum jail standards. The county responsible 

for the nonconforming jail shall bear the cost of 

transportation and maintenance of prisoners 

transferred by order of the commission. 

3X@ 

MARK WHITE 

Attorney General of Texas 

p. 1353 
Mr. Robert 0. Viterna - Page 3 (MW-398) 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Mary Golder & 

Susan L. Garrison 

Assistant Attorneys General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Mary Golder 

Jim Moellinger 

P. 1354