1-1     By:  Lewis of Tarrant (Senate Sponsor - Harris)       H.B. No. 1710

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; April 29, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; April 29, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the appointment of bailiffs for the district courts in

 1-9     Tarrant County that give preference to criminal cases.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Sections 53.001(a) and (e), Government Code, are

1-12     amended to read as follows:

1-13           (a)  The judges of the 22nd, 30th, 70th, 71st, 78th, 89th,

1-14     161st, and 341st district courts, the judges of the district courts

1-15     having jurisdiction in Taylor County, the judges of the county

1-16     courts at law of Taylor County, and the judge of the County Court

1-17     of Harrison County shall each appoint a bailiff.  The judge of each

1-18     district court in Tarrant County that gives preference to criminal

1-19     cases [the 297th District Court] shall appoint two persons to serve

1-20     as bailiffs and one person to serve as grand jury bailiff.

1-21           (e)  The county sheriff shall appoint one bailiff for each

1-22     district court in Tarrant County that gives preference to criminal

1-23     cases [the 297th District Court] in the same manner as authorized

1-24     by law.

1-25           SECTION 2.  Section 53.003(b), Government Code, is amended to

1-26     read as follows:

1-27           (b)  The judge of each court listed in Sections 53.001(d) and

1-28     53.002(a), (c), (e), and (f), [and] the judge [judges] of the

1-29     [297th and] 341st District Court, and the judge of each district

1-30     court in Tarrant County that gives preference to criminal cases

1-31     [courts] shall give each commissioners court in the judicial

1-32     district written notification of the bailiff's or grand jury

1-33     bailiff's appointment and date of employment.  The judge of each

1-34     court listed in Section 53.002(c) and the judge of each district

1-35     court in Tarrant County that gives preference to criminal cases

1-36     [the 297th District Court]  shall also give each commissioners

1-37     court written notification of the compensation to be paid by the

1-38     county.

1-39           SECTION 3.  Section 53.004(b), Government Code, is amended to

1-40     read as follows:

1-41           (b)  To be eligible to be appointed bailiff in the 30th,

1-42     78th, 86th, 89th, 97th, or 341st district court, the County Court

1-43     of Harrison County, a court described in Section 53.002(c), a

1-44     district court in Taylor County, a county court at law of Taylor

1-45     County, or bailiff or grand jury bailiff in a district court in

1-46     Tarrant County that gives preference to criminal cases [the 297th

1-47     District Court], a person must be a resident of the county in which

1-48     the person serves the court and must be at least 21 years old.

1-49           SECTION 4.  Section 53.006(c), Government Code, is amended to

1-50     read as follows:

1-51           (c)  A bailiff or grand jury bailiff appointed under Section

1-52     53.001(d) or 53.002(a), (c), (e), or (f), [or] by the judge

1-53     [judges] of the [297th and] 341st District Court, or by a judge of

1-54     a district court in Tarrant County that gives preference to

1-55     criminal cases [courts] has only the duties assigned by the judge

1-56     of the court that the bailiff or grand jury bailiff serves.

1-57           SECTION 5.  Sections 53.007(a) and (c), Government Code, are

1-58     amended to read as follows:

1-59           (a)  This section applies to:

1-60                 (1)  the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,

1-61     161st, 238th, [297th,] 318th, 341st, and 355th district courts;

1-62                 (2)  the County Court of Harrison County;

1-63                 (3)  the criminal district courts of Tarrant County;

1-64                 (4)  the district courts in Taylor County;

 2-1                 (5)  the courts described in Section 53.002(c), (d),

 2-2     (e), or (f); [and]

 2-3                 (6)  the county courts at law of Taylor County; and

 2-4                 (7)  the district courts in Tarrant County that give

 2-5     preference to criminal cases.

 2-6           (c)  A request under this section by a judge of a court

 2-7     listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by

 2-8     the judge [judges] of the [297th and] 341st District Court, by a

 2-9     judge of a district court in Tarrant County that gives preference

2-10     to criminal cases [courts], by the judge of a district court in

2-11     Taylor County, or by the judge of a county court at law of Taylor

2-12     County must be in writing.

2-13           SECTION 6.  Section 53.008, Government Code, is amended to

2-14     read as follows:

2-15           Sec. 53.008.  OATH.  The bailiffs of the 22nd, 34th, 70th,

2-16     86th, 97th, 142nd, 161st, 238th, [297th,] 318th, 341st, and 355th

2-17     district courts, the bailiffs of the courts described in Section

2-18     53.002(c), (d), (e), or (f), the bailiffs and the grand jury

2-19     bailiffs [bailiff] of the district courts in Tarrant County that

2-20     give preference to criminal cases [297th District Court], the

2-21     bailiffs of the district courts in Taylor County, and the bailiffs

2-22     of the county courts at law of Taylor County shall each swear to

2-23     the following oath, to be administered by the judge:  "I solemnly

2-24     swear that I will faithfully and impartially perform all duties as

2-25     may be required of me by law, so help me God."

2-26           SECTION 7.  Section 53.009(f), Government Code, is amended to

2-27     read as follows:

2-28           (f)  The bailiffs and grand jury bailiffs [bailiff] appointed

2-29     by the judges [judge] of the district courts in Tarrant County that

2-30     give preference to criminal cases [297th District Court] are

2-31     entitled to receive from the county general fund a salary set in

2-32     writing by the judge.

2-33           SECTION 8.  This Act takes effect September 1, 1997.

2-34           SECTION 9.  The importance of this legislation and the

2-35     crowded condition of the calendars in both houses create an

2-36     emergency and an imperative public necessity that the

2-37     constitutional rule requiring bills to be read on three several

2-38     days in each house be suspended, and this rule is hereby suspended.

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