Texas Attorney General Opinion: GA-0424 Page: 3 of 6
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The Honorable Eddie Arredondo - Page 3
farm, or public improvements and maintenance projects ofthe county
or a political subdivision located in whole or in part in the county, as
provided in [article 43.10] ....
Id. art. 43.09(a). To the extent article 43.09 does not specifically authorize the establishment of a
work program, it incorporates article 43.10. See id. ("as provided in the succeeding article").
And third, section 351.201 of the Local Government Code expressly authorizes a county
commissioners court "by order" to "establish a county jail industries program" to, among other
things, produce "articles and products" to be distributed to "nonprofit organizations that provide
services to the general public and enhance social welfare and the general well-being of the
community." TEx. LoC. GOV'T CODE ANN. 351.201(a), (b)(3)(B) (Vernon 1999). In the order
establishing the county jail industries program, a commissioners court shall, with the sheriff's
approval, designate the county official or officials responsible for managing the program and
for determining which inmates may participate in the program. Id. 351.201(c); see also id.
351.201(d) (stating that the commissioners court's order may provide for, among other things, an
advisory committee and procedures for determining the sale price for county jail industry products).
The program "may be operated at the county jail, workfarm, or workhouse or at any other suitable
location." Id. 351.201(e).
You believe that the reference to a work program in article 43.101(a) refers to programs that
article 43.10 recognizes: a county jail industries program established under section 351.201, Local
Government Code, or a manual labor program established under article 43.10. See Request Letter,
supra note 1, at 1; supra at p. 2 (laying out article 43.10). In your view, article 43.101 thus "expands
the pool of potential jail inmates who may be trustees from those that are convicted of offenses and
required to work" under article 43.10 to include those who volunteer under article 43.101(a).
Request Letter, supra note 1, at 1. In addition, as you see it, those who volunteer under article
43.101 (a) may work for a nonprofit organization only if the commissioners court has determined that
the organization provides a public service to the county or to a political subdivision located in the
county. See id.
You indicate that the Sheriffs' Association of Texas holds a "second line of thought,"
however. Id. You relate the Sheriffs' Association's view:
Their belief is that [articles] 43.10 and ... 43.101 are separate and
unrelated statu[t]es. Since [Attorney General Opinion] GA-0261 and
H.B. 129 of the 79th Texas Legislature refer to [article] 43.10 only,
volunteer jail inmate trustees under [article] 43.101 may work on
projects for nonprofit organizations without the involvement of a
county commissioners[] court. Further, because [article] 43.101 gives
no specific guidance or reference to what constitutes a "work program
operated by the sheriff," a county sheriff may create any type of
volunteer work program he/she deems appropriate for persons
awaiting trial or transfers to [the Texas Department of Criminal(GA-0424)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0424, text, May 1, 2006; (https://texashistory.unt.edu/ark:/67531/metapth275320/m1/3/: accessed July 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.