BILL ANALYSIS



H.B. 1420
By: Lewis of Tarrant
4-18-95
Committee Report (Unamended)


BACKGROUND

     Bailiffs assist in keeping order, maintaining security, and
increase the efficiency of courtroom proceedings.  Section 53.001
through 53.007, Government Code provide for the mandatory
appointments that judges of certain courts can make regarding
bailiffs.  Section 53.001(c) states that "[e]ach criminal court in
Tarrant County must have at least three bailiffs assigned regularly
to the court.  Each judge of a criminal district court in Tarrant
County shall appoint two officers of the court to serve as bailiffs
for his court."  
     There are currently three state district courts and two county
criminal courts in Tarrant County that handle criminal matters that
do not possess the appropriate number of bailiffs as prescribed by
law.  The 297th District court in Tarrant County, is currently the
only court having the sufficient number of bailiffs appointed.  The
assigning of the prescribed number of bailiffs for the remaining
district courts which give preference to criminal cases in Tarrant
County will ensure that these courts have the necessary judicial
personnel to handle their respective court dockets and proceedings.


PURPOSE

     This bill broadens language in each section of the Government
Code concerning bailiff appointments, duties, salaries, and oaths
to clarify that such statutes apply to all Tarrant County district
courts that give preference to criminal cases.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Section 53.001(a), Government Code, by
striking a reference to the 297th District Court, and substituting
"the district courts in Tarrant County that give preference to
criminal cases."

     SECTION 2 amends Section 53.001(e), Government Code, requiring
the sheriff to appoint one bailiff for the 297th District Court, by
striking a reference to the 297th District Court and "the district
courts in Tarrant County that give preference to criminal cases".

     SECTION 3 amends Section 53.003(b), Government Code, by
striking references to the 297th District Court and substituting
the phrase "the district courts in Tarrant County that give
preference to criminal cases."

     SECTION 4 amends Section 53.004(b), Government Code,
eligibility to serve as a bailiff, by striking a reference to the
297th District Court and substituting the phrase "the district
courts in Tarrant County which give preference to criminal cases."

     SECTION 5 amends Section 53.006(c), Government Code, duties of
by striking a reference to the 297th District Court and
substituting the phrase "the district courts in Tarrant County that
give preference to criminal cases."

     SECTION 6 amends Section 53.007(a), Government Code, by
striking a reference to the 297th District Court and substituting
the phrase "the district courts in Tarrant County that give
preference to criminal cases."

     SECTION 7 amends Section 53.007(c), Government Code, by
striking a reference to the 297th District Court and substituting
the phrase "the district courts in Tarrant County that give
preference to criminal cases." 

     SECTION 8 amends Section 53.008, Government Code, bailiffs'
oath, by striking a reference to the 297th District Court and
substituting the phrase "the district courts in Tarrant County that
give preference to criminal cases."

     SECTION 9 amends Section 53.009(f), Government Code, salary of
bailiffs, by 
           (1) striking a reference to the 297th District Court and
     substituting the phrase "the district courts in Tarrant County
     that give preference to criminal cases".

     SECTION 10.  Emergency Clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a public hearing on April 18,
1995, to consider H.B. 1420.  The Chair laid out H.B. 1420 and
recognized the author, Rep. Lewis, to explain the bill.  The Chair
offered and laid out a complete committee substitute for H.B. 1420;
there being objection, the Chair withdrew the substitute.  There
were no witnesses to testify.  Rep. Goodman moved that H.B. 1420 be
reported favorably back to the full House, without amendment, with
the recommendation that it do pass, be printed and sent to the
Committee on Calendars.  The motion prevailed by the following
record vote:  5 ayes, 1 nay, 0 PNV and 3 absent.