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.