By Madden                                       H.B. No. 2974

      75R7760 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     and the statutory county courts of Collin County.

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

 1-5           SECTION 1.  Section 53.001(a), Government Code, is amended to

 1-6     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 Collin County, the judges of the district

1-10     courts having jurisdiction in Taylor County, the judges of the

1-11     county courts at law of Taylor County, and the judge of the County

1-12     Court of Harrison County shall each appoint a bailiff.  The judge

1-13     of the 297th District Court shall appoint two persons to serve as

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

1-15           SECTION 2.  Section 53.002, Government Code, is amended by

1-16     adding Subsection (g) to read as follows:

1-17           (g)  The judges of the statutory county courts of Collin

1-18     County may each appoint a bailiff.

1-19           SECTION 3.  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 (g) and the judges of the 297th

1-23     and 341st district courts shall give each commissioners court in

1-24     the  judicial district written notification of the bailiff's or

 2-1     grand jury bailiff's appointment and date of employment.  The judge

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

 2-3     297th District Court shall also give each commissioners court

 2-4     written notification of the compensation to be paid by the county.

 2-5           SECTION 4.  Section 53.004, Government Code, is amended by

 2-6     adding Subsection (g) to read as follows:

 2-7           (g)  A bailiff of a district court or a statutory county

 2-8     court in Collin County must be a citizen of the United States, a

 2-9     resident of Collin County, and must, not later than six months

2-10     after appointment, hold a peace officer license under Chapter 415

2-11     from the Commission on Law Enforcement Officer Standards and

2-12     Education.

2-13           SECTION 5.  Section 53.006, Government Code, is amended by

2-14     adding Subsection (e) to read as follows:

2-15           (e)  A bailiff of a district court or a statutory county

2-16     court in Collin County shall serve as part of the security force

2-17     for the district and statutory county courts in the county and

2-18     shall perform other duties as required by the judge of the court

2-19     the bailiff serves.

2-20           SECTION 6.  Section 53.007(a), Government Code, is amended to

2-21     read as follows:

2-22           (a)  This section applies to:

2-23                 (1)  the 22nd, 34th, 70th, 71st, 86th, 97th, 142nd,

2-24     161st, 238th, 297th, 318th, 341st, and 355th district courts;

2-25                 (2)  the County Court of Harrison County;

2-26                 (3)  the criminal district courts of Tarrant County;

2-27                 (4)  the district courts in Taylor County;

 3-1                 (5)  the courts described in Sections [Section]

 3-2     53.002(c), (d), (e), [or] (f), and (g); [and]

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

 3-4                 (7)  the district courts in Collin County.

 3-5           SECTION 7.  Section 53.008, Government Code, is amended to

 3-6     read as follows:

 3-7           Sec. 53.008.  OATH.  The bailiffs of the 22nd, 34th, 70th,

 3-8     86th, 97th, 142nd, 161st, 238th, 297th, 318th, 341st, and 355th

 3-9     district courts, the bailiffs of the courts described in Sections

3-10     [Section] 53.002(c), (d), (e), [or] (f), and (g), the grand jury

3-11     bailiff of the 297th District Court, the bailiffs of the district

3-12     courts in Collin County, the bailiffs of the district courts in

3-13     Taylor County, and the bailiffs of the county courts at law of

3-14     Taylor County shall each swear to the following oath, to be

3-15     administered by the judge:  "I solemnly swear that I will

3-16     faithfully and impartially perform all duties as may be required of

3-17     me by law, so help me God."

3-18           SECTION 8.  Section 53.009, Government Code, is amended by

3-19     adding Subsection (l) to read as follows:

3-20           (l)  Each bailiff appointed by a judge of a district court or

3-21     a statutory county court in Collin County is entitled to receive a

3-22     salary set by the appointing judge that does not exceed the salary

3-23     of a deputy sheriff with the rank of sergeant in Collin County with

3-24     the same number of years service to the county as the appointed

3-25     bailiff, unless the commissioners court sets a higher salary.  The

3-26     salary is paid out of the general fund of the county.  The

3-27     appointing judge shall provide written notice to the commissioners

 4-1     court of the salary to be paid to the bailiff by the county.

 4-2           SECTION 9.  This Act takes effect September 1, 1997.

 4-3           SECTION 10.  The importance of this legislation and the

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

 4-5     emergency and an imperative public necessity that the

 4-6     constitutional rule requiring bills to be read on three several

 4-7     days in each house be suspended, and this rule is hereby suspended.