BILL ANALYSIS



H.B. 2818
By: Brady
C.S.H.B. 2818
By: Thompson
4-28-95
Committee Report (Substituted)


BACKGROUND

     Currently, bailiffs in the 9th, Second 9th, 221st, 248th, and
359th District Courts are appointed for criminal cases only.  The
judges in these courts would like to have the authority to appoint
bailiffs in civil cases as well to address potential volatile
situations which often occur in areas like family law.


PURPOSE

     This bill allows the judges of the 9th, Second 9th, 221st,
284th, and 359th District Courts to appoint bailiffs.


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 adds Section 53.002(f) to the Government Code, by
allowing the judges of the 9th, 2nd 9th, 221st, 284th and 359th
District Courts and the Montgomery County courts at law judges to
appoint a bailiff and stipulating that a bailiff who serves a judge
with multi-county jurisdiction may serve that judge in each county
within the judge's jurisdiction.

     SECTION 2 amends Section 53.006(a), Government Code, by adding
that a bailiff appointed under Section 53.002(f) be an officer of
the court.

     SECTION 3 adds Subsec. (k) to Section 53.009 of the Government
Code, by allowing a bailiff appointed under Section 53.002(f) to
receive a salary set by the judge and requiring each county to pick
up a proportional share of the bailiff's salary if the court is in
a multi-county district.  Also requires the judge to give written
notification to Commissioner's Court and stipulate the salary is to
be paid out of each county's general fund.

     SECTION 4.  Effective date.

     SECTION 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     Section 1 of the original contained no underlining.  The
substitute underlines new language.
     Section 2 of the original contained no underlining or
strikeouts.  The substitute is in proper bill form.
     Section 3 of the original contained no underlining.  Section
3 of the substitute underlines new language and adds provisions
concerning written notification by the judge of the bailiff's
salary and apportionment of the salary in multicounty districts
that were not in the original.
     Sections 4 and 5 were the same in both versions.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 26, 1995, the
Committee on Judicial Affairs met in a formal meeting on April 28,
1995, to consider H.B. 2818.  The Chair laid out H.B. 2818 and
explained the bill.  The Chair offered, laid out and explained a
complete committee substitute for H.B. 2818, and moved its
adoption.  There being no objection, the substitute was adopted. 
Rep. Alonzo moved that H.B. 2818, as substituted, be reported
favorably back to the full House with the recommendation that it do
pass, be printed and sent to the Committee on Local and Consent
Calendars.  The motion prevailed by the following record vote:  6
ayes, 0 nays, 0 PNV and 3 absent.