By Lewis of Tarrant                                   H.B. No. 1710

         75R5739 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of bailiffs for the district courts in

 1-3     Tarrant County that give preference to criminal cases.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 53.001(a) and (e), Government Code, are

 1-6     amended to read as follows:

 1-7           (a)  The judges of the 22nd, 30th, 70th, 71st, 78th, 89th,

 1-8     161st, and 341st district courts, the judges of the district courts

 1-9     having jurisdiction in Taylor County, the judges of the county

1-10     courts at law of Taylor County, and the judge of the County Court

1-11     of Harrison County shall each appoint a bailiff.  The judge of each

1-12     district court in Tarrant County that gives preference to criminal

1-13     cases [the 297th District Court] shall appoint two persons to serve

1-14     as bailiffs and one person to serve as grand jury bailiff.

1-15           (e)  The county sheriff shall appoint one bailiff for each

1-16     district court in Tarrant County that gives preference to criminal

1-17     cases [the 297th District Court] in the same manner as authorized

1-18     by law.

1-19           SECTION 2.  Section 53.003(b), Government Code, is amended to

1-20     read as follows:

1-21           (b)  The judge of each court listed in Sections 53.001(d) and

1-22     53.002(a), (c), (e), and (f), [and] the judge [judges] of the

1-23     [297th and] 341st District Court, and the judge of each district

1-24     court in Tarrant County that gives preference to criminal cases

 2-1     [courts] shall give each commissioners court in the judicial

 2-2     district written notification of the bailiff's or grand jury

 2-3     bailiff's appointment and date of employment.  The judge of each

 2-4     court listed in Section 53.002(c) and the judge of each district

 2-5     court in Tarrant County that gives preference to criminal cases

 2-6     [the 297th District Court]  shall also give each commissioners

 2-7     court written notification of the compensation to be paid by the

 2-8     county.

 2-9           SECTION 3.  Section 53.004(b), Government Code, is amended to

2-10     read as follows:

2-11           (b)  To be eligible to be appointed bailiff in the 30th,

2-12     78th, 86th, 89th, 97th, or 341st district court, the County Court

2-13     of Harrison County, a court described in Section 53.002(c), a

2-14     district court in Taylor County, a county court at law of Taylor

2-15     County, or bailiff or grand jury bailiff in a district court in

2-16     Tarrant County that gives preference to criminal cases [the 297th

2-17     District Court], a person must be a resident of the county in which

2-18     the person serves the court and must be at least 21 years old.

2-19           SECTION 4.  Section 53.006(c), Government Code, is amended to

2-20     read as follows:

2-21           (c)  A bailiff or grand jury bailiff appointed under Section

2-22     53.001(d) or 53.002(a), (c), (e), or (f), [or] by the judge

2-23     [judges] of the [297th and] 341st District Court, or by a judge of

2-24     a district court in Tarrant County that gives preference to

2-25     criminal cases [courts] has only the duties assigned by the judge

2-26     of the court that the bailiff or grand jury bailiff serves.

2-27           SECTION 5.  Sections 53.007(a) and (c), Government Code, are

 3-1     amended to read as follows:

 3-2           (a)  This section applies to:

 3-3                 (1)  the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,

 3-4     161st, 238th, [297th,] 318th, 341st, and 355th district courts;

 3-5                 (2)  the County Court of Harrison County;

 3-6                 (3)  the criminal district courts of Tarrant County;

 3-7                 (4)  the district courts in Taylor County;

 3-8                 (5)  the courts described in Section 53.002(c), (d),

 3-9     (e), or (f); [and]

3-10                 (6)  the county courts at law of Taylor County; and

3-11                 (7)  the district courts in Tarrant County that give

3-12     preference to criminal cases.

3-13           (c)  A request under this section by a judge of a court

3-14     listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by

3-15     the judge [judges] of the [297th and] 341st District Court, by a

3-16     judge of a district court in Tarrant County that gives preference

3-17     to criminal cases [courts], by the judge of a district court in

3-18     Taylor County, or by the judge of a county court at law of Taylor

3-19     County must be in writing.

3-20           SECTION 6.  Section 53.008, Government Code, is amended to

3-21     read as follows:

3-22           Sec. 53.008.  OATH.  The bailiffs of the 22nd, 34th, 70th,

3-23     86th, 97th, 142nd, 161st, 238th, [297th,] 318th, 341st, and 355th

3-24     district courts, the bailiffs of the courts described in Section

3-25     53.002(c), (d), (e), or (f), the bailiffs and the grand jury

3-26     bailiffs [bailiff] of the district courts in Tarrant County that

3-27     give preference to criminal cases [297th District Court], the

 4-1     bailiffs of the district courts in Taylor County, and the bailiffs

 4-2     of the county courts at law of Taylor County shall each swear to

 4-3     the following oath, to be administered by the judge:  "I solemnly

 4-4     swear that I will faithfully and impartially perform all duties as

 4-5     may be required of me by law, so help me God."

 4-6           SECTION 7.  Section 53.009(f), Government Code, is amended to

 4-7     read as follows:

 4-8           (f)  The bailiffs and grand jury bailiffs [bailiff] appointed

 4-9     by the judges [judge] of the district courts in Tarrant County that

4-10     give preference to criminal cases [297th District Court] are

4-11     entitled to receive from the county general fund a salary set in

4-12     writing by the judge.

4-13           SECTION 8.  This Act takes effect September 1, 1997.

4-14           SECTION 9.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended.