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.