74R11521 MLR-D
By Hightower H.B. No. 2781
Substitute the following for H.B. No. 2781:
By Thompson C.S.H.B. No. 2781
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of bailiffs for certain district
1-3 courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 53.002, Government Code, is amended by
1-6 adding Subsection (f) to read as follows:
1-7 (f) The judges of the 12th, 258th, and 278th district courts
1-8 may each appoint a bailiff. At the discretion of the judge, a
1-9 bailiff may serve the court in each county of the district.
1-10 SECTION 2. Section 53.003, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 53.003. EVIDENCE OF APPOINTMENT; NOTIFICATION. (a) An
1-13 order signed by the appointing judge entered in the minutes of the
1-14 court is evidence of the appointment of a bailiff or grand jury
1-15 bailiff under Section 53.001(a), (d), or (g) or 53.002(a), (c),
1-16 (d), (e), or (f) <53.001(d), 53.001(g), 53.002(a), 53.002(c),
1-17 53.002(d), or 53.002(e)>.
1-18 (b) The judge of each court listed in Sections 53.001(d) and
1-19 53.002(a), (c), (e), and (f)<, 53.002(a), 53.002(c), and 53.002(e)>
1-20 and the judges of the 297th and 341st district courts shall give
1-21 each commissioners court in the judicial district written
1-22 notification of the bailiff's or grand jury bailiff's appointment
1-23 and date of employment. The judge of each court listed in Section
1-24 53.002(c) and the judge of the 297th District Court shall also give
2-1 each commissioners court written notification of the compensation
2-2 to be paid by the county.
2-3 SECTION 3. Section 53.004, Government Code, is amended by
2-4 adding Subsection (f) to read as follows:
2-5 (f) To be eligible to be appointed a bailiff in the 12th,
2-6 258th, or 278th District Court a person must be a citizen of the
2-7 United States and must be at least 18 years of age.
2-8 SECTION 4. Sections 53.006(a) and (c), Government Code, are
2-9 amended to read as follows:
2-10 (a) A bailiff or grand jury bailiff appointed under Section
2-11 53.001 or 53.002(a), (c), (d), (e), or (f)<, 53.002(a), 53.002(c),
2-12 53.002(d), or 53.002(e)> is an officer of the court.
2-13 (c) A bailiff or grand jury bailiff appointed under Section
2-14 53.001(d) or 53.002(a), (c), (e), or (f)<, 53.002(a), 53.002(c), or
2-15 53.002(e)> or by the judges of the 297th and 341st district courts
2-16 has only the duties assigned by the judge of the court that the
2-17 bailiff or grand jury bailiff serves.
2-18 SECTION 5. Section 53.007(a), Government Code, is amended to
2-19 read as follows:
2-20 (a) This section applies to:
2-21 (1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
2-22 161st, 238th, 297th, 318th, 341st, and 355th district courts;
2-23 (2) the County Court of Harrison County;
2-24 (3) the criminal district courts of Tarrant County;
2-25 (4) the district courts in Taylor County;
2-26 (5) the courts described in Section 53.002(c), (d),
2-27 (e), or (f) <53.002(d), or 53.002(e)>; and
3-1 (6) the county courts at law of Taylor County.
3-2 SECTION 6. Section 53.0071, Government Code, as amended by
3-3 Chapters 401 and 546, Acts of the 72nd Legislature, Regular
3-4 Session, 1991, is reenacted and amended to read as follows:
3-5 Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
3-6 appointing judge provides otherwise in the order of appointment, a
3-7 bailiff appointed under Section 53.001(b) or (g) or 53.002(c), (e),
3-8 or (f)<, 53.001(g), 53.002(c), or 53.002(e)> is a "peace officer"
3-9 for purposes of Article 2.12, Code of Criminal Procedure.
3-10 SECTION 7. Section 53.008, Government Code, is amended to
3-11 read as follows:
3-12 Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
3-13 86th, 97th, 142nd, 161st, 238th, 297th, 318th, 341st, and 355th
3-14 district courts, the bailiffs of the courts described in Section
3-15 53.002(c), (d), (e), or (f) <53.002(d), or 53.002(e)>, the grand
3-16 jury bailiff of the 297th District Court, the bailiffs of the
3-17 district courts in Taylor County, and the bailiffs of the county
3-18 courts at law of Taylor County shall each swear to the following
3-19 oath, to be administered by the judge: "I solemnly swear that I
3-20 will faithfully and impartially perform all duties as may be
3-21 required of me by law, so help me God."
3-22 SECTION 8. Section 53.009, Government Code, is amended by
3-23 adding Subsection (k) to read as follows:
3-24 (k) The bailiffs of the 12th, 258th, and 278th district
3-25 courts are entitled to receive a salary set by the judge and
3-26 approved by the commissioners court of each of the counties in
3-27 which the bailiff is designated to serve. The salary shall be
4-1 apportioned by the judge among the counties in which the bailiff is
4-2 designated to serve. The judge shall give each commissioners court
4-3 in the district written notification of the amount of compensation
4-4 to be paid by the county. The salary is paid out of the general
4-5 fund of each county.
4-6 SECTION 9. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.