Office of the Attorney General
State of Texas


October 6, 1978

Honorable Joe Resweber
Harris County Attorney
1001 Preston
Houston, Texas 77002

Opinion No. H-1253

Re: Payment of tuition for county jail inmates attending classes while incarcerated.

Dear Mr. Resweber:

You have submitted the following question for an opinion from this office:

Is Harris County required to pay tuition to Houston Community College System for inmates that are incarcerated in the Harris County Jail and who are enrolled in the Houston Community College?

We have found no authority which obligates the county to pay the tuition fees of the county jail inmates. Such an expenditure is not required under the county's duty to provide a safe and suitable jail. V.T.C.S. art. 5115. We do not address the question of whether the county has discretion to pay tuition fees of jail inmates. See generally V.T.C.S. art. 5115.1, s 9(a)(4). Educ. Code s 29.01ff; Attorney General Opinion H-652 (1975).


Harris County is not required to pay tuition fees of county jail inmates.

      Very truly yours,

      Hill signature

      John L. Hill
      Attorney General of Texas


      David M. Kendall
      First Assistant

      C. Robert Heath
      Chairman Opinion Committee

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