Signature Services, Inc. v. Tarrant County

877 S.W.2d 465, 1994 Tex. App. LEXIS 1214, 1994 WL 199987
CourtCourt of Appeals of Texas
DecidedMay 24, 1994
DocketNo. 2-93-256-CV
StatusPublished

This text of 877 S.W.2d 465 (Signature Services, Inc. v. Tarrant County) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Signature Services, Inc. v. Tarrant County, 877 S.W.2d 465, 1994 Tex. App. LEXIS 1214, 1994 WL 199987 (Tex. Ct. App. 1994).

Opinion

[466]*466OPINION

HICKS, Justice.

Appellant, Signature Services, Inc., sued Tarrant County for breach of contract and for promissory and equitable estoppel. The trial court granted Tarrant County’s motion for summary judgment. In one point of error, appellant alleges that the trial court erred in granting the motion for summary judgment on appellant’s claim for breach of contract. We overrule this point of error and affirm.

The facts of this case are very straightforward. In September and October of 1987, the purchasing department of Tarrant County solicited bids for commissary services for the Tarrant County Jail. Signature Services submitted its bid on December 17, 1987.

On April 4,1988, the Tarrant County Commissioners’ Court awarded the contract for commissary services to appellant without any consultation with Don Carpenter, then the duly elected Sheriff. By written communication, appellant was advised that it was to begin commissary services on May 2, 1988.

Appellant made preparations to comply with the contract. On May 2,1988, appellant was refused admittance to the Tarrant County Jail by Sheriff Carpenter. This lawsuit then ensued.

Tarrant County’s position is quite clear. It contends that the Commissioners’ Court did not have the statutory or constitutional authority to contract independently of the Sheriff for jail commissary services. Appellant argues that even if we assume that the Sheriff’s cooperation was necessary, his lack of cooperation does not excuse the County from performing under the contract. Tar-rant County then makes the argument that the contract in question required the approval of Commissioners’ Court and the Sheriff, and unless all parties to a contract execute or accept the contract, none of the parties is bound. The County also argues that when the Commissioners exceed their authority, their acts are then void. We must then determine the authority of both the Commissioners and the Sheriff in relationship to the operation of a commissary.

The County is required to provide a courthouse and necessary public buildings and to maintain the same. Tex.Loc.Gov.Code Ann. § 291.001 (Vernon 1988). The County is also required to provide jails for the County. Tex.Loc.Gov.Code Ann. § 351.001 (Vernon Supp.1994). The jail must be kept in good repair, and must be provided with water, sewage facilities and food, and must be maintained in a clean and sanitary condition. Tex.Loc.Gov.Code Ann. §§ 351.004, 351.010 (Vernon 1988).

Texas Administrative Code sections 259.-25(b) and 261.14(b) pertaining to the construction of jails, provide that space should be allocated for an inmate commissary. 37 TexAdmin.Code §§ 259.25(b), 261.14(b) (West 1989). Sections 259.32 and 261.21 provide that space appropriate to capacity of the jail should be provided for an inmate commissary, or a written program shall be established. 37 TexAdmin.Code §§ 259.32, 261.21 (West 1989). Section 291.1 provides that each detention center shall have and implement a written plan governing the availability and manner of use of inmate commissary privileges. 37 TexAdmin.Code § 291.1 (West 1989).

We interpret these Code sections as placing a duty on the County to provide a county jail and to either allocate space for a jail commissary or to furnish commissary privileges to jail inmates under a written plan. Such Code sections do not specifically distinguish between a commissary operated in space provided by the County for inmate privileges and one which may be located on off-jail premises for such purposes as may be prescribed by a written plan. The record in this case indicates that commissary space has been provided for the Tarrant County Jail, and the question of whether the County is required to provide such space, as compared to otherwise providing for inmate commissary privileges under a written plan, is not before us.

The Commission on Jail Standards is required to adopt rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. Tex.Gov.Code Ann. § 511.-009(a)(1) (Vernon 1990) (formerly article [467]*4675115.1, section 9, Texas Revised Statutes). These also include minimum standards for personnel, programs, and services of county jails and for the custody, care, and treatment of inmates of county jails. 37 TexAd-min.Code §§ 251.2, 299.1 (West 1989). Each county jail must comply with the minimum standards and the rules and procedures of the Commission. Tex.Loc.Gov.Code Ann. § 351.002 (Vernon 1988). The jail standards are enforceable by the Commission. Tex. Loc.Gov.Code Ann. § 351.015 (Vernon 1988); 37 TexAdmin.Code § 299.1 (West 1989).

The Sheriff and Commissioners of each county are required to submit to the Commission an annual report of the conditions of the jail, including information necessary to determine compliance with state law, Commission orders, and the rules adopted by the Commission, and the Commission must determine, at least annually, whether the jail of a county is in compliance. Tex.Gov.Code Ann. § 511.009(a)(8) & (10) (Vernon 1990). The Sheriff is required to inspect the jail at intervals to inquire into the state of compliance with the rules of the Commission, and the Commissioners’ Court is encouraged to make similar periodic inspections. 37 TexAdmin.Code § 297.1 (West 1989). The Sheriff and the Commissioners of each county are required to furnish to the Commission any information designated by the Commission as necessary for the Commission to discharge its duties. • Tex.Gov.Code Ann. § 511.010(b)(1) (Vernon 1990).

If the Commission finds that a county jail does not comply with the state law, or the rules, standards, or procedures of the Commission, it must report such noncompliance to the County Commissioners and the Sheriff. Tex.Gov.Code Ann. § 511.011 (Vernon 1990). The notice of noneomplianee from the Commission to the Commissioners’ Court and Sheriff must specify a reasonable time within which corrective measures shall be initiated by the county officials, and a reasonable time within which the corrective measures must be completed by the Commissioners’ Court and Sheriff who are responsible for the noncomplying jail facility. Tex.Gov. Code Ann. § 511.012(a) (Vernon 1990); 37 TexAdmin.Code § 297.4 (West 1989). The responsible Sheriff and Commissioners Court are required to initiate and complete the corrective measures within the time prescribed by the Commission and to report to the Commission the corrective measures so initiated and completed. 37 TexAdmin.Code § 297.5 (West 1989).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Courtney v. State
639 S.W.2d 16 (Court of Appeals of Texas, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
877 S.W.2d 465, 1994 Tex. App. LEXIS 1214, 1994 WL 199987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/signature-services-inc-v-tarrant-county-texapp-1994.