Case Information

- The Attorney General of Texas December 27. 1984

JIM

Attorney General

Mr. Robert 0. Vi(.erna Executive Direct<11

Supreme Court Building P. 0. Box 12546 Texas Cozmnission cmn Jail Standards Re: Authority of the Texas Austin. TX. 7671% 2546 P. 0. Box 12985 Conrmission on Jail Standards 5121475-2501 Austin, Texas ie711 to perform an occupancy in- Telex 910167~1367 spection jail facilities Telecopier 51214750286 in a project built pursuant to ar~ticle 237Oc-3, V.T.C.S. 714 Jackson. Suite 700 Dallas. TX. 75202.4506 Dear Mr. Viternn: 2141742-6944 Alberla Ave.,SUiN 160 ^[4624] El Paso. TX. 789052793 915l533.3464 a project under article

You have asked the following authorj.zed 51:.5.1, V.T.C.S., with regard by article 237Oc-3, V.T.C.S.: three questions the to about your authority jail facilities

1. P:ay the Texas Commission on Jail Standards perform facility? 1001 Texas. Suite 7OO an occupancy inspection Houston. TX. 77OO2~3111 Rule 217.04.00.007 of the Texas Commission on Jail 713l223566a Standa1,d.s. 2. jail complies with stsndards, may

806 Broadway. SuiN 312 the Texas' Commission on Jail Standards authorize Lubbock. TX. 79401.3479 8061747.5236 Bowie County occupy jail and house Texas

inmates; therein? Rule 217.04.00.009 of the Texas Commisc~lon on Jail Standards. 4309 N. Temh. Suite S McAllan. TX. 76501.1665 3. Finally, is occupied, does

Texas Commission on Jail Standards have authority yearly compliance with xx) Main Plaza. Suile 4W Texas rlinimum jail standards? Rule 217.25.00.011 San Anlonio. TX. 762052797 of the Texas Commission on Jail Standards. 512f2254191 These rules are promulgated under sections 9 and 11 of article 5115.1, An Equal Opporfunityl V.T.C.S., which XJthorize of county jails to enforce Aflirmative Action EmplOW minimum jail star,dards.

The project in question involves a "justfce built. with the 8:ooperation of the federal Law Enforcement Assistance administrators, 2:~: well as of Arkansas and Texas county and municipal authorities, on ,:he state in Texarkana. Texas and Arkansas., and Bowie County. Miller County, Arkansas. The gravamen Texas. *2 Mr. Robert 0. Viterna - Page 2: (JM-272) the Texas Cowission on Jail Standards may

your request is whether out its duties and re:,ponsibilities under sections 9 and 11 of carry article facility not wholly located in Texas. We answer all three questions *I the affirmative.

Section 2(3) of article 5115.1 defines a county as “any or other f;tc:ility that is operated by or for a lockup, jail. Section 2(a)(2) of article 237Oc-3 county. . . .” (Emphasis added). authorizes the creation the “jail, lockup. and other detention facilities” that have been created in the subject “justice center” for Bowie County, Texas. Attorney General Opinions MW-328 (1981) MW-559 (1982) clearly affirmed the Jail Standards Commission’s statutory authority “to rel;ulate the conditions confinement for inmates in s county’s custo&y wherever they are confined.” Attorney General Opinion MW-559. (Emphasis added).

While article section 2, authorizes respective and municipalities in Texas and the adjoining to contract for the “construction. .’ . . operation, and management” in the state justice center, 9 also limits such county and municipality in Texas to contracting such purposes “only if other stsl’e enacts relating establishment of a justjce :enter pursuant to a contract. . .I’ The act further provides

Sec. 4. The contracting parties may specify the contract the uanner of determining the persons responsible for:

(1) operation, alteration, maintenance, cleaning, and repair of the facilities: (2) the emplo:nnent of center personnel; (3) purchase of materials. supplies, tools. and other equipment to be jointly used by or used by of flees provided contracting parties;

(4) preparing reports to the governing bodies of the contracting parties:

(5) joint res:ord-keeping, communicarions, or dispatch systems; and

(6) the perf>,rmance of any other powers or duties relating to operation of the center.

Mr. Robert 0. Virerna - Page 3 (JM-272) state of Arkansas, has enacted legislation consistent with 9 of article 2370'2-3 and the respective counties and cities

have contracted in accord with sections 2 4 thereof, we conclude the holdings of MU-324 and NW-559 apply the regulations about which you inquire.

SUMMARY Arkansas has enacted appropriate and cities affected have contracted as mandated, Texas Commission on Jail Standards may perform an initial occupancy of, may allow Bowie County to use, a:rd may thereafter annually the jail facilitLes housed in the "justice built pursuant t,) article

-Jzyh

MATTOX Attorney General of Texas TOM GREEN

First Assistant Attorney Ge,neral

DAVID R. RICHARDS

Executive Assistant Attorne~y General

RICK GILPIN

Chairman, Opinion Connnittee

Prepared by Colin Carl

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Rick Gilpin, Chairman

Colin Carl

Susan Garrison

Tony Guillory

Jim Eloellinger

Jennifer Riggs

Bruce Youngblood