Untitled Texas Attorney General Opinion ( 1974 )

The Honorable Ted Butler Opinion No. H- 196
Criminal District Attorney
Bexar County Courthouse Re: The constitutionality of Acts
San Antonio, Texas 78204 1973, ch. 224, p. 520,
providing for a jail adminis-
trator for Bexar County.
Dear Mr. Butler:
‘You have asked whether Acts 1973. 63rdLeg., ch. 224-p. 520, which
establishes the office of jail administrator in Bewr County~.is constitutional.
That Act provides, in part:
l’(c) The commissioners court, .of ~Bexar County,
Texas may appoint a jail administrator who ,&all exercise
all authority, supervision, and-control over the jail, as
well as all other statutory duties of the sheriff with
rerpect to the jail. I’
Article.3, Section 56 of the Texas Constitution provides in part:
“The Legislature shall not, except as otherwise
provided in this Constitution, pass any local or special
law, authorizing:
. . .
“Regulating the affairs of counties, cities, towns,
wards or school districts;
“Creating offices, or prescribing the powers and
p. 919
\
The Honorable Ted Butler, page 2 (H-196)
duties of officers, in counties, cities, towns, election
or school districts;”
In construing this section of the Constitution. the Supreme Court of
Texas has said:
I, . . .we hold that a law that has uniform..applic,ation
throughout the state to cities of a certain class, as to
populatio,n. or other legitimate classification, is not
repugnant to the constitutional provision under discussion,
even though there is only one city in the state of that
class, but when the law is so drawn that it applies only
to one city, and can never apply to any but this, one city
in any possible event, the law is unconstitutional and
void, because such a law is not based on classification
butn isolation. ” (emphasis added).
City of Fort Worth v. Bobbitt, 36 S.W.2d 470. 473 (Tex. 1931). See also,
Anderson v. Wood, 152 S.W.2d 1084 (Tex. 1941); Bell County v. Hall, 153
S. ,W. 121 (Tex. 1913); Fritter v. West, 65 S.W.2d 414 (Tex. Civ. App.,
San Antonio, 1933, writ ref’d); Attorney General Opinions H-67 (1973). H-52
(1973). and H-8 (1973).
As the questioned statute specifically names Bexar County as the only
county to which it a.pplies, we believe that it is a local law prohibited by
Article 3, Section 56 of the Constitution. The doctrine that legislation on sub-
jects in ‘whichtbr people at large are interested will not be considered a local or
special law, 3.) Smith v. Davis, 426 S.W.2d 827 (Tex. 1968). is inapplicable
here.
As it is our opinion that the act in question is unconstitutional as a local
law. it is unnecessary to consider ‘your other questions.
SUMMARY
A statute which provides for a jail administrator for
ps 920
The Honorable Ted Butler, page 3 W-196)
Bexar County alone, is unconrtitutional ae a local law.
Very truly yours,
Attorney General of Texae
DAVID M. KENDALL, Chairman
Opinion Committee
p. 921