1-1  By:  Tallas (Senate Sponsor - Brown)                  H.B. No. 2825
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 11, 1993, read first time and referred to Committee on
    1-4  Jurisprudence; May 18, 1993, reported favorably by the following
    1-5  vote:  Yeas 4, Nays 1; May 18, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas                               x   
   1-12        Luna               x                               
   1-13        Parker                                         x   
   1-14        West                       x                       
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the appointment of bailiffs of the district courts and
   1-18  county courts at law in Fort Bend County.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Section 53.001, Government Code, is amended by
   1-21  adding Subsection (h) to read as follows:
   1-22        (h)  The judges of the district courts and county courts at
   1-23  law having jurisdiction in Fort Bend County shall each appoint a
   1-24  bailiff.  The local administrative district judge of Fort Bend
   1-25  County shall appoint an additional bailiff to serve as supervising
   1-26  bailiff of all the bailiffs of the county.
   1-27        SECTION 2.  Section 53.003(a), Government Code, is amended to
   1-28  read as follows:
   1-29        (a)  An order signed by the appointing judge entered in the
   1-30  minutes of the court is evidence of the appointment of a bailiff or
   1-31  grand jury bailiff under Section 53.001(a), 53.001(d), 53.001(g),
   1-32  53.001(h), 53.002(a), 53.002(c), 53.002(d), or 53.002(e).
   1-33        SECTION 3.  Section 53.004(e), Government Code, is amended to
   1-34  read as follows:
   1-35        (e)  To be eligible to be appointed bailiff under Section
   1-36  53.001(g) or 53.001(h), a person must be at least 21 years old and
   1-37  hold a peace officer license under Chapter 415 from the Commission
   1-38  on Law Enforcement Officer Standards and Education.  This
   1-39  subsection does not apply to a person serving as bailiff of a court
   1-40  described by Section 53.001(g) on September 1, 1991.
   1-41        SECTION 4.  Section 53.007(a), Government Code, is amended to
   1-42  read as follows:
   1-43        (a)  This section applies to:
   1-44              (1)  the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
   1-45  161st, 238th, 297th, 318th, and 341st district courts;
   1-46              (2)  the County Court of Harrison County;
   1-47              (3)  the criminal district courts of Tarrant County;
   1-48              (4)  the district courts in Taylor County;
   1-49              (5)  the courts described in Section 53.001(h),
   1-50  53.002(c), 53.002(d), or 53.002(e); and
   1-51              (6)  the county courts at law of Taylor County.
   1-52        SECTION 5.  Section 53.0071, Government Code, as amended by
   1-53  Chapters 401 and 546, Acts of the 72nd Legislature, Regular
   1-54  Session, 1991, is reenacted and amended to read as follows:
   1-55        Sec. 53.0071.  Bailiff as Peace Officer.  Unless the
   1-56  appointing judge provides otherwise in the order of appointment, a
   1-57  bailiff appointed under Section 53.001(b), 53.001(g), 53.001(h),
   1-58  53.002(c), or 53.002(e) is a "peace officer" for purposes of
   1-59  Article 2.12, Code of Criminal Procedure.
   1-60        SECTION 6.  Section 53.008, Government Code, is amended to
   1-61  read as follows:
   1-62        Sec. 53.008.  Oath.  The bailiffs of the 22nd, 34th, 70th,
   1-63  86th, 97th, 142nd, 161st, 238th, 297th, 318th, and 341st district
   1-64  courts, the bailiffs of the courts described in Section 53.001(h),
   1-65  53.002(c), 53.002(d), or 53.002(e), the grand jury bailiff of the
   1-66  297th District Court, the bailiffs of the district courts in Taylor
   1-67  County, and the bailiffs of the county courts at law of Taylor
   1-68  County shall each swear to the following oath, to be administered
    2-1  by the judge:  "I solemnly swear that I will faithfully and
    2-2  impartially perform all duties as may be required of me by law, so
    2-3  help me God."
    2-4        SECTION 7.  This Act takes effect September 1, 1993.
    2-5        SECTION 8.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.
   2-10                               * * * * *
   2-11                                                         Austin,
   2-12  Texas
   2-13                                                         May 18, 1993
   2-14  Hon. Bob Bullock
   2-15  President of the Senate
   2-16  Sir:
   2-17  We, your Committee on Jurisprudence to which was referred H.B.
   2-18  No. 2825, have had the same under consideration, and I am
   2-19  instructed to report it back to the Senate with the recommendation
   2-20  that it do pass and be printed.
   2-21                                                         Henderson,
   2-22  Chairman
   2-23                               * * * * *
   2-24                               WITNESSES
   2-25                                                  FOR   AGAINST  ON
   2-26  ___________________________________________________________________
   2-27  Name:  Brady G. Elliott                                        x
   2-28  Representing:
   2-29  City:  Missouri City
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