1-1 By: Hightower (Senate Sponsor - Turner) H.B. No. 2781
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 1; May 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment of bailiffs for certain district
1-9 courts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 53.002, Government Code, is amended by
1-12 adding Subsection (f) to read as follows:
1-13 (f) The judges of the 12th, 258th, and 278th district courts
1-14 may each appoint a bailiff. At the discretion of the judge, a
1-15 bailiff may serve the court in each county of the district.
1-16 SECTION 2. Section 53.003, Government Code, is amended to
1-17 read as follows:
1-18 Sec. 53.003. EVIDENCE OF APPOINTMENT; NOTIFICATION. (a) An
1-19 order signed by the appointing judge entered in the minutes of the
1-20 court is evidence of the appointment of a bailiff or grand jury
1-21 bailiff under Section 53.001(a), (d), or (g) or 53.002(a), (c),
1-22 (d), (e), or (f) <53.001(d), 53.001(g), 53.002(a), 53.002(c),
1-23 53.002(d), or 53.002(e)>.
1-24 (b) The judge of each court listed in Sections 53.001(d) and
1-25 53.002(a), (c), (e), and (f)<, 53.002(a), 53.002(c), and 53.002(e)>
1-26 and the judges of the 297th and 341st district courts shall give
1-27 each commissioners court in the judicial district written
1-28 notification of the bailiff's or grand jury bailiff's appointment
1-29 and date of employment. The judge of each court listed in Section
1-30 53.002(c) and the judge of the 297th District Court shall also give
1-31 each commissioners court written notification of the compensation
1-32 to be paid by the county.
1-33 SECTION 3. Section 53.004, Government Code, is amended by
1-34 adding Subsection (f) to read as follows:
1-35 (f) To be eligible to be appointed a bailiff in the 12th,
1-36 258th, or 278th District Court a person must be a citizen of the
1-37 United States and must be at least 18 years of age.
1-38 SECTION 4. Sections 53.006(a) and (c), Government Code, are
1-39 amended to read as follows:
1-40 (a) A bailiff or grand jury bailiff appointed under Section
1-41 53.001 or 53.002(a), (c), (d), (e), or (f)<, 53.002(a), 53.002(c),
1-42 53.002(d), or 53.002(e)> is an officer of the court.
1-43 (c) A bailiff or grand jury bailiff appointed under Section
1-44 53.001(d) or 53.002(a), (c), (e), or (f)<, 53.002(a), 53.002(c), or
1-45 53.002(e)> or by the judges of the 297th and 341st district courts
1-46 has only the duties assigned by the judge of the court that the
1-47 bailiff or grand jury bailiff serves.
1-48 SECTION 5. Section 53.007(a), Government Code, is amended to
1-49 read as follows:
1-50 (a) This section applies to:
1-51 (1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
1-52 161st, 238th, 297th, 318th, 341st, and 355th district courts;
1-53 (2) the County Court of Harrison County;
1-54 (3) the criminal district courts of Tarrant County;
1-55 (4) the district courts in Taylor County;
1-56 (5) the courts described in Section 53.002(c), (d),
1-57 (e), or (f) <53.002(d), or 53.002(e)>; and
1-58 (6) the county courts at law of Taylor County.
1-59 SECTION 6. Section 53.0071, Government Code, as amended by
1-60 Chapters 401 and 546, Acts of the 72nd Legislature, Regular
1-61 Session, 1991, is reenacted and amended to read as follows:
1-62 Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
1-63 appointing judge provides otherwise in the order of appointment, a
1-64 bailiff appointed under Section 53.001(b) or (g) or 53.002(c), (e),
1-65 or (f)<, 53.001(g), 53.002(c), or 53.002(e)> is a "peace officer"
1-66 for purposes of Article 2.12, Code of Criminal Procedure.
1-67 SECTION 7. Section 53.008, Government Code, is amended to
1-68 read as follows:
2-1 Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
2-2 86th, 97th, 142nd, 161st, 238th, 297th, 318th, 341st, and 355th
2-3 district courts, the bailiffs of the courts described in Section
2-4 53.002(c), (d), (e), or (f) <53.002(d), or 53.002(e)>, the grand
2-5 jury bailiff of the 297th District Court, the bailiffs of the
2-6 district courts in Taylor County, and the bailiffs of the county
2-7 courts at law of Taylor County shall each swear to the following
2-8 oath, to be administered by the judge: "I solemnly swear that I
2-9 will faithfully and impartially perform all duties as may be
2-10 required of me by law, so help me God."
2-11 SECTION 8. Section 53.009, Government Code, is amended by
2-12 adding Subsection (k) to read as follows:
2-13 (k) The bailiffs of the 12th, 258th, and 278th district
2-14 courts are entitled to receive a salary set by the judge and
2-15 approved by the commissioners court of each of the counties in
2-16 which the bailiff is designated to serve. The salary shall be
2-17 apportioned by the judge among the counties in which the bailiff is
2-18 designated to serve. The judge shall give each commissioners court
2-19 in the district written notification of the amount of compensation
2-20 to be paid by the county. The salary is paid out of the general
2-21 fund of each county.
2-22 SECTION 9. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
2-28 passage, and it is so enacted.
2-29 * * * * *