Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas
April 24, 1981
MARKWHITE
Attorney General
Mr. Robert 0. Viterna Opinion No. Mu-328
Executive Director
Texas Commission on Jail Standards Re: Whether article 5115.1,
1414 Colorado, Suite 500 V.T.C.S., requires the Texas Com-
Austin, Texas 78711 mission on Law Enforcement
Officer Standards and Education to
establish minimum standards for
persons employed in city jails under
contract with counties to house
county prisoners
Dear Mr. Viterna:
You ask whether a city jail holding county prisoners pursuant to a
contract entered into under the Interlocal Cooperation Act, article
4413(32c), V.T.C.S., thereby becomes a county jail for purposes of having its
employees certified by the Texas Commission on Law Enforcement Officer
Standards and Education.
Article 5115.1, V.T.C.S., defines “county jail” as %ny jail, lockup, or
other facility that is operated by or for a county.” Sec. 2 (emphasis added1
Every word of a statute must be Fmed to have been used for a purpose
and must be given effect if possible. Eddins - Walcher Butane Co. v.
Calvert, 298 S.W.2d 93 (Tex. 1957); L & M-Surco Manufacturing, Inc. v. Winn
Tile Co., 580 S.W.2d 920 (Tex. Civ. App. - Tyler 1979, writ dism’d). If the
language ‘Ior for a county” is to have meaning, it must include jails operated
by a city but utilized by a county under contract to confine county prisoners.
Thus, such city jails would constitute county jails for purposes of article
5115.1,V.T.C.S.
Article 5115.1,V.T.C.S., provides in section 14 as follows:
Sec. 14. (a) The Commission on Law Enforcement
Officer Standards and Education shall establish
minimum physical, mental, educational, and moral
standards for persons employed or utilized in the
operation of county jails.
As we have defined “county jails,” the personnel of city jails under contract
with the county for the retention of prisoners are subject to the provisions
of section 14. This construction serves an underlying purpose of article
Mr. Robert 0. Vitema - Page Two (MU-328)
5115.1, V.T.C.S., that only suitably qualified jail personnel shall participate in the
handling of county prisoners
SUMMARY
A city jail holding county prisoners pursuant to contract
thereby becomes a county jail for purposes of article 5115.1,
V.T.C.S., so that its employees are required to be certified by
the Texas Commission on Law Enforcement Officer Standards
and Education.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Bruce Youngblood
p. 1058