By:  Tallas                                           H.B. No. 2825
       73R5012 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appointment of bailiffs of the district courts and
    1-3  county courts at law in Fort Bend County.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 53.001, Government Code, is amended by
    1-6  adding Subsection (h) to read as follows:
    1-7        (h)  The judges of the district courts and county courts at
    1-8  law having jurisdiction in Fort Bend County shall each appoint a
    1-9  bailiff.  The local administrative district judge of Fort Bend
   1-10  County shall appoint an additional bailiff to serve as supervising
   1-11  bailiff of all the bailiffs of the county.
   1-12        SECTION 2.  Section 53.003(a), Government Code, is amended to
   1-13  read as follows:
   1-14        (a)  An order signed by the appointing judge entered in the
   1-15  minutes of the court is evidence of the appointment of a bailiff or
   1-16  grand jury bailiff under Section 53.001(a), 53.001(d), 53.001(g),
   1-17  53.001(h), 53.002(a), 53.002(c), 53.002(d), or 53.002(e).
   1-18        SECTION 3.  Section 53.004(e), Government Code, is amended to
   1-19  read as follows:
   1-20        (e)  To be eligible to be appointed bailiff under Section
   1-21  53.001(g) or 53.001(h), a person must be at least 21 years old and
   1-22  hold a peace officer license under Chapter 415 from the Commission
   1-23  on Law Enforcement Officer Standards and Education.  This
   1-24  subsection does not apply to a person serving as bailiff of a court
    2-1  described by Section 53.001(g) on September 1, 1991.
    2-2        SECTION 4.  Section 53.007(a), Government Code, is amended to
    2-3  read as follows:
    2-4        (a)  This section applies to:
    2-5              (1)  the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
    2-6  161st, 238th, 297th, 318th, and 341st district courts;
    2-7              (2)  the County Court of Harrison County;
    2-8              (3)  the criminal district courts of Tarrant County;
    2-9              (4)  the district courts in Taylor County;
   2-10              (5)  the courts described in Section 53.001(h),
   2-11  53.002(c), 53.002(d), or 53.002(e); and
   2-12              (6)  the county courts at law of Taylor County.
   2-13        SECTION 5.  Section 53.0071, Government Code, as amended by
   2-14  Chapters 401 and 546, Acts of the 72nd Legislature, Regular
   2-15  Session, 1991, is reenacted and amended to read as follows:
   2-16        Sec. 53.0071.  Bailiff as Peace Officer.  Unless the
   2-17  appointing judge provides otherwise in the order of appointment, a
   2-18  bailiff appointed under Section 53.001(b), 53.001(g), 53.001(h),
   2-19  53.002(c), or 53.002(e) is a "peace officer" for purposes of
   2-20  Article 2.12, Code of Criminal Procedure.
   2-21        SECTION 6.  Section 53.008, Government Code, is amended to
   2-22  read as follows:
   2-23        Sec. 53.008.  Oath.  The bailiffs of the 22nd, 34th, 70th,
   2-24  86th, 97th, 142nd, 161st, 238th, 297th, 318th, and 341st district
   2-25  courts, the bailiffs of the courts described in Section 53.001(h),
   2-26  53.002(c), 53.002(d), or 53.002(e), the grand jury bailiff of the
   2-27  297th District Court, the bailiffs of the district courts in Taylor
    3-1  County, and the bailiffs of the county courts at law of Taylor
    3-2  County shall each swear to the following oath, to be administered
    3-3  by the judge:  "I solemnly swear that I will faithfully and
    3-4  impartially perform all duties as may be required of me by law, so
    3-5  help me God."
    3-6        SECTION 7.  This Act takes effect September 1, 1993.
    3-7        SECTION 8.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.