1-1 By: Harris of Tarrant S.B. No. 354
1-2 (In the Senate - Filed February 15, 1993; February 16, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 2, 1993, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 2, 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 for the 371st District
1-18 Court.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsection (a), Section 53.001, Government Code,
1-21 is amended to read as follows:
1-22 (a) The judges of the 22nd, 30th, 70th, 71st, 78th, 89th,
1-23 161st, and 341st district courts, the judges of the district courts
1-24 having jurisdiction in Taylor County, the judges of the county
1-25 courts at law of Taylor County, and the judge of the County Court
1-26 of Harrison County shall each appoint a bailiff. The judges
1-27 <judge> of the 297th and 371st district courts <District Court>
1-28 shall appoint two persons to serve as bailiffs and one person to
1-29 serve as grand jury bailiff.
1-30 SECTION 2. Subsection (e), Section 53.001, Government Code,
1-31 is amended to read as follows:
1-32 (e) The county sheriff shall appoint one bailiff for the
1-33 297th District Court and one bailiff for the 371st District Court
1-34 in the same manner as authorized by law.
1-35 SECTION 3. Subsection (b), Section 53.003, Government Code,
1-36 is amended to read as follows:
1-37 (b) The judge of each court listed in Sections 53.001(d),
1-38 53.002(a), 53.002(c), and 53.002(e) and the judges of the 297th,
1-39 <and> 341st, and 371st district courts shall give each
1-40 commissioners court in the judicial district written notification
1-41 of the bailiff's or grand jury bailiff's appointment and date of
1-42 employment. The judge of each court listed in Section 53.002(c)
1-43 and the judges <judge> of the 297th and 371st district courts
1-44 <District Court> shall also give each commissioners court written
1-45 notification of the compensation to be paid by the county.
1-46 SECTION 4. Subsection (b), Section 53.004, Government Code,
1-47 is amended to read as follows:
1-48 (b) To be eligible to be appointed bailiff in the 30th,
1-49 78th, 86th, 89th, 97th, 142nd, 238th, 318th, or 341st district
1-50 court, the County Court of Harrison County, a court described in
1-51 Section 53.002(c), a district court in Taylor County, a county
1-52 court at law of Taylor County, or bailiff or grand jury bailiff in
1-53 the 297th or 371st district court <District Court>, a person must
1-54 be a resident of the county in which the person serves the court
1-55 and must be at least 21 years old.
1-56 SECTION 5. Subsection (c), Section 53.006, Government Code,
1-57 is amended to read as follows:
1-58 (c) A bailiff or grand jury bailiff appointed under Section
1-59 53.001(d), 53.002(a), 53.002(c), or 53.002(e) or by the judges of
1-60 the 297th, <and> 341st, and 371st district courts has only the
1-61 duties assigned by the judge of the court that the bailiff or grand
1-62 jury bailiff serves.
1-63 SECTION 6. Subsection (a), Section 53.007, Government Code,
1-64 is amended to read as follows:
1-65 (a) This section applies to:
1-66 (1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
1-67 161st, 238th, 297th, 318th, <and> 341st, and 371st district courts;
1-68 (2) the County Court of Harrison County;
2-1 (3) the criminal district courts of Tarrant County;
2-2 (4) the district courts in Taylor County;
2-3 (5) the courts described in Section 53.002(c),
2-4 53.002(d), or 53.002(e); and
2-5 (6) the county courts at law of Taylor County.
2-6 SECTION 7. Subsection (c), Section 53.007, Government Code,
2-7 is amended to read as follows:
2-8 (c) A request under this section by a judge of a court
2-9 listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by
2-10 the judges of the 297th, <and> 341st, and 371st district courts, by
2-11 the judge of a district court in Taylor County, or by the judge of
2-12 a county court at law of Taylor County must be in writing.
2-13 SECTION 8. Section 53.008, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 53.008. Oath. The bailiffs of the 22nd, 34th, 70th,
2-16 86th, 97th, 142nd, 161st, 238th, 297th, 318th, <and> 341st, and
2-17 371st district courts, the bailiffs of the courts described in
2-18 Section 53.002(c), 53.002(d), or 53.002(e), the grand jury bailiff
2-19 of the 297th or 371st district court <District Court>, the bailiffs
2-20 of the district courts in Taylor County, and the bailiffs of the
2-21 county courts at law of Taylor County shall each swear to the
2-22 following oath, to be administered by the judge: "I solemnly swear
2-23 that I will faithfully and impartially perform all duties as may be
2-24 required of me by law, so help me God."
2-25 SECTION 9. Subsection (f), Section 53.009, Government Code,
2-26 is amended to read as follows:
2-27 (f) The bailiffs and grand jury bailiff appointed by the
2-28 judges <judge> of the 297th and 371st district courts <District
2-29 Court> are entitled to receive from the county general fund a
2-30 salary set in writing by the judge.
2-31 SECTION 10. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *
2-37 Austin,
2-38 Texas
2-39 March 2, 1993
2-40 Hon. Bob Bullock
2-41 President of the Senate
2-42 Sir:
2-43 We, your Committee on Jurisprudence to which was referred S.B.
2-44 No. 354, have had the same under consideration, and I am instructed
2-45 to report it back to the Senate with the recommendation that it do
2-46 pass and be printed.
2-47 Henderson,
2-48 Chairman
2-49 * * * * *
2-50 WITNESSES
2-51 FOR AGAINST ON
2-52 ___________________________________________________________________
2-53 Name: Bill Burdock x
2-54 Representing: 371st District Court
2-55 City: Fort Worth
2-56 ___________________________________________________________________