The Attorney General of Texas 

December 22, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

5121475-2501 

Telex 910/674~1367 

Telecopier 5121475.0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201-4709 

2141742-6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

9151533.3464 

1220 Dallas Ave., Suite 202 

Houston. TX. 77002.6966 

7131650-0666 

806 Broadway. Suite 312 

Lubbock, TX. 79401-3479 

8061747-5238 

4309 N. Tenth, Suite B 

McAllen, TX. 76501.1665 

5121662-4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205.2797 

5121225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable G. Dwayne Pruitt 

Terry County Attorney 

Terry County Courthouse 

Brownfield, Texas 79316 

Opinion NO. ~~-542 

lb?: Whether one probation 

office may serve two judicial 

districts located in different 

counties 

Dear Mr. Prultt: 

You have requested our opinion as to whether one joint probation 

office may serve, two judicial districts in different counties. Your 

question concerns the legality of the situation which has existed in 

Terry, Yoakum, Hockley, and Cochran counties since apportionment 

legislation became effective on April 8, 1981. Article 199, V.T.C.S., 

9121 (121st Judicial District), §3.112 (286th Judicial District). All 

four counties had previously comprised only one judicial district and 

one probation office served all four counties. Under the new 

apportionment, Terry and Yoakum counties comprise the new 121st 

Judicial District, while Cochran and Hockley counties comprise the new 

286th Judicial District. 

Subsequent to the effective date of the apportionment 

legislation, the judges of the new 121st Judicial District and the new 

286th Judicial District acted to continue the probation department 

under the same administrative structure. However, the same probation 

personnel are now employed by both judicial districts. The new 

probation office is known as the 121st and 286th Judicial Districts 

Probation Department. According to the Executive Director of the 

Texas Adult Probation Commission, this probation department has fully 

met the standards set by the commission for a probation officer for 

each district, and this method, in fact, appears to be the most 

efficient, cost-effective method of providing adequate probation 

services to these four counties. 

Section 10 of article 42.12 of the Code of Criminal Procedure 

provides: 

For the purpose of providing adequate probation 

SfZViCeS. the district judge or district judges 

trying criminal cases in each judicial district in 

this state shall establish a probation office and 

p. 1966 
Honorable G. Dwayne Pruitt - Page 2 (MW-542) 

employ, in accordance with standards set by the 

commission, district personnel as may be necessary 

to conduct presentence investigations, supervise 

and rehabilitate probationers, and enforce the 

terms and conditions of misdemeanor and felony 

probation. If two or more judicial districts 

serve a county, or a district has more than one 

county, one district probation department shall 

serve all courts and counties in the districts. 

This provision clearly indicates that the legislature contemplated the 

establishment of one probation office "in each judicial district." 

Where the language of a statute is plain and unambiguous, it 

ordinarily will be literally construed. Trimmier v. Carlton, 264 S.W. 

253, 258 (Tex. Civ. App. - Austin 1924), aff'd on other grounds, 296 

S.W. 1070 (Tex. 1927); Brasos River Authority v. Graham, 354 S.W.Zd 

99, 109 (Tex. 1961). 

Furthermore, section 10 itself creates two exceptions: a single 

district probation office is permitted (1) in a multi-district county 

(two or more judicial districts in a county; and (2) a multi-county 

district (a district includes more than one county). The statute does 

not authorize a single probation office for the situation you 

describe: a multi-county, multi-district area. Where a statute 

contains one or more specific exceptions, the usual implication is 

that no other exceptions are applicable, and that the statute should 

apply in all cases not excepted. State v. Richards, 301 S.W.Zd 597, 

600 (Tex. 1957); Federal Crude Oil Company v. Yount-Lee Oil Company, 

52 S.W.Zd 56, 60 (Tex. 1932). 

SUMMARY 

A joint probation office for the 121st and 

286th Judicial Districts is not authorized by 

statute, and is. hence, impermissible. Each 

district is required to establish and maintain its 

own distinct probation office. 

Very truly yours, L-l 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

p. 1967 
Honorable G. Dwayne Pruitt - Page 3 (MW-542) 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Bruce Youngblood 

p. 1968