PMWJ H.B. 1710 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 1710
By: Lewis of Tarrant
3-26-97
Committee Report (Unamended)



BACKGROUND 

 Bailiffs assist in keeping order, maintaining security, and increase the
efficiency of courtroom proceedings. Sections 53.001 through 53.007,
Government Codes provide for the mandatory appointments that judges of
certain courts can make regarding bailiffs.  Section 53.001(c) states
that: "Each 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 in Tarrant County that handle criminal matters that do not
possess the appropriate number of bailiffs as prescribed by law.  The
397th 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

 HB 1710 provides express authority in statute to hire the prescribed
number of bailiffs for efficient court administration of criminal courts
in Tarrant County which give preference to criminal cases.  It also sets
forth procedures, qualifications/eligibility and method of payment for
such mandatory appointments. 


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) and (e), Government Code, relating to
the appointment of bailiffs, by striking references to the 297th District
Court, and substituting the phrase "the district courts in Tarrant County
which give preference to criminal cases."  

 SECTION 2 amends Section 53.003(b), Government Code, relating to
notification to the commissioners court of bailiff appointments and
salaries, by striking references to the 297th District Court and
substituting "each district court in Tarrant County that gives preference
to criminal cases."  
 SECTION 3 amends Section 53.004(b), Government Code, relating to
eligibility for appointment as a bailiff, by striking references to the
297th District Court and substituting the phrase "a district court in
Tarrant County that gives preference to criminal cases." 

 SECTION 4 amends Section 53.006(c), Government Code, relating to duties
of the bailiff, by striking references to the 297th District Court and
substituting "a district court in Tarrant County that gives preference to
criminal cases." 

  SECTION 5 amends Sections 53.007(a) and (c), Government Code, by
striking references to the 297th District Court and substituting "a
district court in Tarrant County that gives preference to criminal cases." 

 SECTION 6 amends Section 53.008, Government Code, relating to the oaths
taken by bailiffs, by  striking references to the 297th District Court and
substituting "a district court in Tarrant County that gives preference to
criminal cases." 

 SECTION 7 amends Section 53.009(f), Government Code, relating to bailiff
compensation, by striking references to the 297th District Court and
substituting "a district court in Tarrant County that gives preference to
criminal cases." 

 SECTION 8. Effective date.

 SECTION 9. Emergency clause.