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
2-30 -------------------------------------------------------------------