Texas Attorney General Opinion: JM-1152 Page: 3 of 6
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Mr. Fred Toler - Page 3 (JM-1152)
6. Was it the legislative intent that the
phrase 'for persons employed or used in the
operations of a county jail' be interpreted
to apply to only those persons who are not
county jailers as defined in Chapter 415, but
who exercise care, custody, control or super-
vision of inmates; or was it the legislative
intent that the phrase apply to everyone who
is associated with the operations of the
jail, for example: secretaries, medical
personnel and other personnel, who provide
support for the jail operations?
In your first question you ask whether jailers employed
by private vendors under contract with a county come within
the definition and licensing requirements of Chapter 415 of
the Government Code. Subsection (2) of section 415.001 of
the Government Code defines "county jailer" to mean "a
person designated as a jailer or guard of a county jail
under section 85.005, Local Government Code." That section
authorizes the sheriff to employ guards.
Contract county jailers do not come within the defini-
tion of county jailer in section 85.005 of the Local Govern-
ment Code since they are employed by the private vendor
operating the facility rather than the sheriff, and they are
not subject to the licensing requirements of chapter 415 of
the Government Code.
In your second question you ask whether contract county
jailers are other county jail personnel within the meaning
of section 415.0541. Section 511.0011 of the Government
Code, formerly article 5115.1, V.T.C.S., defines "county
jail" as "a facility operated by or for a county for the
confinement of persons accused or convicted of an offense."
Attorney General Opinion MW-328 (1981) concluded that
"a city jail holding county prisoners pursuant to contract
thereby becomes a county jail for the purposes of article
5115.1, V.T.C.S. (now section 511.0011), so that its em-
ployees are required to be certified by the Texas Commission
on Law Enforcement Officer Standards and Education." Since
a contract county jailer is a person employed or used in the
operation of a "county jail," as that term is defined in
section 511.001, the commission has authority to "establish
minimum physical, mental, educational and moral standards"
for the certification of a "contract county jailer."
In your third question you ask whether the word
"certify," as used in section 415.0541, may be interpreted
as authorizing the commission to "license" other county jail
personnel. We do not believe that the term "certify" isp. 6083
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1152, text, March 28, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273590/m1/3/?q=%22%5B1990..%5D%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.