By Smith                                              H.B. No. 1839
         76R4684 JMC-F                           
                                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.
1-21           SECTION 3.  Section 53.003(b), Government Code, is amended to
1-22     read as follows:
1-23           (b)  The judge of each court listed in Sections 53.001(d) and
1-24     53.002(a), (c), (e), and (f), the judge of the 341st District
 2-1     Court, [and] the judge of each district court in Tarrant County
 2-2     that gives preference to criminal cases, and the judge of each
 2-3     criminal district court in Tarrant County shall give each
 2-4     commissioners court in the judicial district written notification
 2-5     of the bailiff's or grand jury bailiff's appointment and date of
 2-6     employment.  The judge of each court listed in Section 53.002(c),
 2-7     [and] the judge of each district court in Tarrant County that gives
 2-8     preference to criminal cases, and the judge of each criminal
 2-9     district court in Tarrant County shall also give each commissioners
2-10     court written notification of the compensation to be paid by the
2-11     county.
2-12           SECTION 4.  Section 53.004(b), Government Code, is amended to
2-13     read as follows:
2-14           (b)  To be eligible to be appointed bailiff in the 30th,
2-15     78th, 86th, 89th, 97th, or 341st district court, the County Court
2-16     of Harrison County, a court described in Section 53.002(c), a
2-17     district court in Taylor County, a county court at law of Taylor
2-18     County, [or] bailiff or grand jury bailiff in a district court in
2-19     Tarrant County that gives preference to criminal cases, or bailiff
2-20     or grand jury bailiff in a criminal district court in Tarrant
2-21     County, a person must be a resident of the county in which the
2-22     person serves the court and must be at least 21 years old.
2-23           SECTION 5.  Section 53.006(c), Government Code, is amended to
2-24     read as follows:
2-25           (c)  A bailiff or grand jury bailiff appointed under Section
2-26     53.001(d) or 53.002(a), (c), (e), [or] (f), or (g) by the judge of
2-27     the 341st District Court, [or] by a judge of a district court in
 3-1     Tarrant County that gives preference to criminal cases, or by a
 3-2     judge of a criminal district court in Tarrant County has only the
 3-3     duties assigned by the judge of the court that the bailiff or grand
 3-4     jury bailiff serves.
 3-5           SECTION 6.  Section 53.007(c), Government Code, is amended to
 3-6     read as follows:
 3-7           (c)  A request under this section by a judge of a court
 3-8     listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by
 3-9     the judge of the 341st District Court, by a judge of a district
3-10     court in Tarrant County that gives preference to criminal cases, by
3-11     a judge of a criminal district court in Tarrant County, by the
3-12     judge of a district court in Taylor County, or by the judge  of a
3-13     county court at law of Taylor County must be in writing.
3-14           SECTION 7.  Section 53.008, Government Code, is amended to
3-15     read as follows:
3-16           Sec. 53.008.  OATH.  The bailiffs of the 22nd, 34th, 70th,
3-17     86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th
3-18     district courts, the bailiffs of the courts described in Section
3-19     53.002(c), (d), (e), or (f), the bailiffs and the grand jury
3-20     bailiffs of the district courts in Tarrant County that give
3-21     preference to criminal cases, the bailiffs and grand jury bailiffs
3-22     of the criminal district courts in Tarrant County, the bailiffs of
3-23     the district courts in Taylor County, and the bailiffs of the
3-24     county courts at law of Taylor County shall each swear to the
3-25     following oath, to be administered by the judge:  "I solemnly swear
3-26     that I will faithfully and impartially perform all duties as may be
3-27     required of me by law, so help me God."
 4-1           SECTION 8.  Section 53.009(f), Government Code, is amended to
 4-2     read as follows:
 4-3           (f)  The bailiffs and grand jury bailiffs appointed by the
 4-4     judges of the district courts in Tarrant County that give
 4-5     preference to criminal cases and the bailiffs and grand jury
 4-6     bailiffs appointed by the judges of the criminal district courts in
 4-7     Tarrant County are entitled to receive from the county general fund
 4-8     a salary set in writing by the judge that is in the same pay grade
 4-9     as the salary of certified and noncertified peace officers who are
4-10     appointed as bailiffs by the sheriff.  The county shall administer
4-11     the bailiff salary under salary administration guidelines.
4-12           SECTION 9.  This Act takes effect September 1, 1999.
4-13           SECTION 10.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.