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 the
1-12 297th District Court shall appoint two persons to serve as bailiffs
1-13 and one person to serve as grand jury bailiff.]
1-14 (e) The county sheriff shall appoint one bailiff for each
1-15 district court in Tarrant County that gives preference to criminal
1-16 cases [the 297th District Court] in the same manner as authorized
1-17 by law.
1-18 SECTION 2. Section 53.002, Government Code, is amended by
1-19 adding Subsection (g) to read as follows:
1-20 (g) The judge of each district court in Tarrant County that
1-21 gives preference to criminal cases may appoint two persons to serve
1-22 as bailiffs. The board of district judges in Tarrant County that
1-23 gives preference to criminal cases may appoint one bailiff for each
1-24 grand jury.
2-1 SECTION 3. Section 53.003(b), Government Code, is amended to
2-2 read as follows:
2-3 (b) The judge of each court listed in Sections 53.001(d) and
2-4 53.002(a), (c), (e), and (f), [and] the judge [judges] of the
2-5 [297th and] 341st District Court, and the judge of each district
2-6 court in Tarrant County that gives preference to criminal cases
2-7 [courts] shall give each commissioners court in the judicial
2-8 district written notification of the bailiff's or grand jury
2-9 bailiff's appointment and date of employment. The judge of each
2-10 court listed in Section 53.002(c) and the judge of each district
2-11 court in Tarrant County that gives preference to criminal cases
2-12 [the 297th District Court] shall also give each commissioners
2-13 court written notification of the compensation to be paid by the
2-14 county.
2-15 SECTION 4. Section 53.004(b), Government Code, is amended to
2-16 read as follows:
2-17 (b) To be eligible to be appointed bailiff in the 30th,
2-18 78th, 86th, 89th, 97th, or 341st district court, the County Court
2-19 of Harrison County, a court described in Section 53.002(c), a
2-20 district court in Taylor County, a county court at law of Taylor
2-21 County, or bailiff or grand jury bailiff in a district court in
2-22 Tarrant County that gives preference to criminal cases [the 297th
2-23 District Court], a person must be a resident of the county in which
2-24 the person serves the court and must be at least 21 years old.
2-25 SECTION 5. Section 53.006(c), Government Code, is amended to
2-26 read as follows:
2-27 (c) A bailiff or grand jury bailiff appointed under Section
3-1 53.001(d) or 53.002(a), (c), (e), or (f), [or] by the judge
3-2 [judges] of the [297th and] 341st District Court, or by a judge of
3-3 a district court in Tarrant County that gives preference to
3-4 criminal cases [courts] has only the duties assigned by the judge
3-5 of the court that the bailiff or grand jury bailiff serves.
3-6 SECTION 6. Sections 53.007(a) and (c), Government Code, are
3-7 amended to read as follows:
3-8 (a) This section applies to:
3-9 (1) the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,
3-10 161st, 238th, [297th,] 318th, 341st, and 355th district courts;
3-11 (2) the County Court of Harrison County;
3-12 (3) the criminal district courts of Tarrant County;
3-13 (4) the district courts in Taylor County;
3-14 (5) the courts described in Section 53.002(c), (d),
3-15 (e), or (f); [and]
3-16 (6) the county courts at law of Taylor County; and
3-17 (7) the district courts in Tarrant County that give
3-18 preference to criminal cases.
3-19 (c) A request under this section by a judge of a court
3-20 listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by
3-21 the judge [judges] of the [297th and] 341st District Court, by a
3-22 judge of a district court in Tarrant County that gives preference
3-23 to criminal cases [courts], by the judge of a district court in
3-24 Taylor County, or by the judge of a county court at law of Taylor
3-25 County must be in writing.
3-26 SECTION 7. Section 53.008, Government Code, is amended to
3-27 read as follows:
4-1 Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
4-2 86th, 97th, 142nd, 161st, 238th, [297th,] 318th, 341st, and 355th
4-3 district courts, the bailiffs of the courts described in Section
4-4 53.002(c), (d), (e), or (f), the bailiffs and the grand jury
4-5 bailiffs [bailiff] of the district courts in Tarrant County that
4-6 give preference to criminal cases [297th District Court], the
4-7 bailiffs of the district courts in Taylor County, and the bailiffs
4-8 of the county courts at law of Taylor County shall each swear to
4-9 the following oath, to be administered by the judge: "I solemnly
4-10 swear that I will faithfully and impartially perform all duties as
4-11 may be required of me by law, so help me God."
4-12 SECTION 8. Section 53.009(f), Government Code, is amended to
4-13 read as follows:
4-14 (f) The bailiffs and grand jury bailiffs [bailiff] appointed
4-15 by the judges [judge] of the district courts in Tarrant County that
4-16 give preference to criminal cases [297th District Court] are
4-17 entitled to receive from the county general fund a salary set in
4-18 writing by the judge that is in the same pay grade as the salary of
4-19 certified and noncertified peace officers who are appointed as
4-20 bailiffs by the sheriff. The county shall administer the bailiff
4-21 salary under salary administration guidelines.
4-22 SECTION 9. This Act takes effect September 1, 1997.
4-23 SECTION 10. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1710 was passed by the House on April
11, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1710 on May 13, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1710 on May 24, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1710 was passed by the Senate, with
amendments, on May 8, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1710 on May 26, 1997,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor