By Smith H.B. No. 1839
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of bailiffs for the criminal district
1-3 courts in Tarrant County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 53.001(e), Government Code, is amended to
1-6 read as follows:
1-7 (e) The county sheriff shall appoint one bailiff for each
1-8 district court in Tarrant County that gives preference to criminal
1-9 cases and one bailiff for each criminal district court in Tarrant
1-10 County in the same manner as authorized by law.
1-11 SECTION 2. Section 53.002(g), Government Code, is amended to
1-12 read as follows:
1-13 (g) The judge of each district court in Tarrant County that
1-14 gives preference to criminal cases and the judge of each criminal
1-15 district court in Tarrant County may appoint two persons to serve
1-16 as bailiffs. Notwithstanding Section 53.071 or Article 19.36, Code
1-17 of Criminal Procedure, the [The] board of district judges of the
1-18 courts in Tarrant County that give [gives] preference to criminal
1-19 cases and the criminal district courts in Tarrant County may
1-20 appoint one bailiff for each grand jury. The total number of grand
1-21 jury bailiffs shall not exceed two.
1-22 SECTION 3. Section 53.003(b), Government Code, is amended to
1-23 read as follows:
1-24 (b) The judge of each court listed in Sections 53.001(d) and
2-1 53.002(a), (c), (e), and (f), the judge of the 341st District
2-2 Court, [and] the judge of each district court in Tarrant County
2-3 that gives preference to criminal cases, and the judge of each
2-4 criminal district court in Tarrant County shall give each
2-5 commissioners court in the judicial district written notification
2-6 of the bailiff's or grand jury bailiff's appointment and date of
2-7 employment. The judge of each court listed in Section 53.002(c),
2-8 [and] the judge of each district court in Tarrant County that gives
2-9 preference to criminal cases, and the judge of each criminal
2-10 district court in Tarrant County shall also give each commissioners
2-11 court written notification of the compensation to be paid by the
2-12 county.
2-13 SECTION 4. Section 53.004(b), Government Code, is amended to
2-14 read as follows:
2-15 (b) To be eligible to be appointed bailiff in the 30th,
2-16 78th, 86th, 89th, 97th, or 341st district court, the County Court
2-17 of Harrison County, a court described in Section 53.002(c), a
2-18 district court in Taylor County, a county court at law of Taylor
2-19 County, [or] bailiff or grand jury bailiff in a district court in
2-20 Tarrant County that gives preference to criminal cases, or bailiff
2-21 or grand jury bailiff in a criminal district court in Tarrant
2-22 County, a person must be a resident of the county in which the
2-23 person serves the court and must be at least 21 years old.
2-24 SECTION 5. Section 53.006(c), Government Code, is amended to
2-25 read as follows:
2-26 (c) A bailiff or grand jury bailiff appointed under Section
2-27 53.001(d) or 53.002(a), (c), (e), [or] (f), or (g) by the judge of
3-1 the 341st District Court, [or] by a judge of a district court in
3-2 Tarrant County that gives preference to criminal cases, or by a
3-3 judge of a criminal district court in Tarrant County has only the
3-4 duties assigned by the judge of the court that the bailiff or grand
3-5 jury bailiff serves.
3-6 SECTION 6. Section 53.007(c), Government Code, is amended to
3-7 read as follows:
3-8 (c) A request under this section by a judge of a court
3-9 listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by
3-10 the judge of the 341st District Court, by a judge of a district
3-11 court in Tarrant County that gives preference to criminal cases, by
3-12 a judge of a criminal district court in Tarrant County, by the
3-13 judge of a district court in Taylor County, or by the judge of a
3-14 county court at law of Taylor County must be in writing.
3-15 SECTION 7. Section 53.008, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
3-18 86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th
3-19 district courts, the bailiffs of the courts described in Section
3-20 53.002(c), (d), (e), or (f), the bailiffs and the grand jury
3-21 bailiffs of the district courts in Tarrant County that give
3-22 preference to criminal cases, the bailiffs and grand jury bailiffs
3-23 of the criminal district courts in Tarrant County, the bailiffs of
3-24 the district courts in Taylor County, and the bailiffs of the
3-25 county courts at law of Taylor County shall each swear to the
3-26 following oath, to be administered by the judge: "I solemnly swear
3-27 that I will faithfully and impartially perform all duties as may be
4-1 required of me by law, so help me God."
4-2 SECTION 8. Section 53.009(f), Government Code, is amended to
4-3 read as follows:
4-4 (f) The bailiffs and grand jury bailiffs appointed by the
4-5 judges of the district courts in Tarrant County that give
4-6 preference to criminal cases and the bailiffs and grand jury
4-7 bailiffs appointed by the judges of the criminal district courts in
4-8 Tarrant County are entitled to receive from the county general fund
4-9 a salary set in writing by the judge that is in the same pay grade
4-10 as the salary of certified and noncertified peace officers who are
4-11 appointed as bailiffs by the sheriff. The county shall administer
4-12 the bailiff salary under salary administration guidelines.
4-13 SECTION 9. This Act takes effect September 1, 1999.
4-14 SECTION 10. 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.