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.
2-39 * * * * *