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 -------------------------------------------------------------------