1-1 By: Smith (Senate Sponsor - Moncrief) H.B. No. 1839
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment of bailiffs for the criminal district
1-9 courts in Tarrant County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 53.001(e), Government Code, is amended to
1-12 read as follows:
1-13 (e) The county sheriff shall appoint one bailiff for each
1-14 district court in Tarrant County that gives preference to criminal
1-15 cases and one bailiff for each criminal district court in Tarrant
1-16 County in the same manner as authorized by law.
1-17 SECTION 2. Section 53.002(g), Government Code, is amended to
1-18 read as follows:
1-19 (g) The judge of each district court in Tarrant County that
1-20 gives preference to criminal cases and the judge of each criminal
1-21 district court in Tarrant County may appoint two persons to serve
1-22 as bailiffs. Notwithstanding Section 53.071 or Article 19.36, Code
1-23 of Criminal Procedure, the [The] board of district judges of the
1-24 courts in Tarrant County that give [gives] preference to criminal
1-25 cases and the criminal district courts in Tarrant County may
1-26 appoint one bailiff for each grand jury. The total number of grand
1-27 jury bailiffs shall not exceed two.
1-28 SECTION 3. Section 53.003(b), Government Code, is amended to
1-29 read as follows:
1-30 (b) The judge of each court listed in Sections 53.001(d) and
1-31 53.002(a), (c), (e), and (f), the judge of the 341st District
1-32 Court, [and] the judge of each district court in Tarrant County
1-33 that gives preference to criminal cases, and the judge of each
1-34 criminal district court in Tarrant County shall give each
1-35 commissioners court in the judicial district written notification
1-36 of the bailiff's or grand jury bailiff's appointment and date of
1-37 employment. The judge of each court listed in Section 53.002(c),
1-38 [and] the judge of each district court in Tarrant County that gives
1-39 preference to criminal cases, and the judge of each criminal
1-40 district court in Tarrant County shall also give each commissioners
1-41 court written notification of the compensation to be paid by the
1-42 county.
1-43 SECTION 4. Section 53.004(b), Government Code, is amended to
1-44 read as follows:
1-45 (b) To be eligible to be appointed bailiff in the 30th,
1-46 78th, 86th, 89th, 97th, or 341st district court, the County Court
1-47 of Harrison County, a court described in Section 53.002(c), a
1-48 district court in Taylor County, a county court at law of Taylor
1-49 County, [or] bailiff or grand jury bailiff in a district court in
1-50 Tarrant County that gives preference to criminal cases, or bailiff
1-51 or grand jury bailiff in a criminal district court in Tarrant
1-52 County, a person must be a resident of the county in which the
1-53 person serves the court and must be at least 21 years old.
1-54 SECTION 5. Section 53.006(c), Government Code, is amended to
1-55 read as follows:
1-56 (c) A bailiff or grand jury bailiff appointed under Section
1-57 53.001(d) or 53.002(a), (c), (e), [or] (f), or (g) by the judge of
1-58 the 341st District Court, [or] by a judge of a district court in
1-59 Tarrant County that gives preference to criminal cases, or by a
1-60 judge of a criminal district court in Tarrant County has only the
1-61 duties assigned by the judge of the court that the bailiff or grand
1-62 jury bailiff serves.
1-63 SECTION 6. Section 53.007(c), Government Code, is amended to
1-64 read as follows:
2-1 (c) A request under this section by a judge of a court
2-2 listed in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by
2-3 the judge of the 341st District Court, by a judge of a district
2-4 court in Tarrant County that gives preference to criminal cases, by
2-5 a judge of a criminal district court in Tarrant County, by the
2-6 judge of a district court in Taylor County, or by the judge of a
2-7 county court at law of Taylor County must be in writing.
2-8 SECTION 7. Section 53.008, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
2-11 86th, 97th, 142nd, 161st, 238th, 318th, 341st, 355th, and 385th
2-12 district courts, the bailiffs of the courts described in Section
2-13 53.002(c), (d), (e), or (f), the bailiffs and the grand jury
2-14 bailiffs of the district courts in Tarrant County that give
2-15 preference to criminal cases, the bailiffs and grand jury bailiffs
2-16 of the criminal district courts in Tarrant County, the bailiffs of
2-17 the district courts in Taylor County, and the bailiffs of the
2-18 county courts at law of Taylor County shall each swear to the
2-19 following oath, to be administered by the judge: "I solemnly swear
2-20 that I will faithfully and impartially perform all duties as may be
2-21 required of me by law, so help me God."
2-22 SECTION 8. Section 53.009(f), Government Code, is amended to
2-23 read as follows:
2-24 (f) The bailiffs and grand jury bailiffs appointed by the
2-25 judges of the district courts in Tarrant County that give
2-26 preference to criminal cases and the bailiffs and grand jury
2-27 bailiffs appointed by the judges of the criminal district courts in
2-28 Tarrant County are entitled to receive from the county general fund
2-29 a salary set in writing by the judge that is in the same pay grade
2-30 as the salary of certified and noncertified peace officers who are
2-31 appointed as bailiffs by the sheriff. The county shall administer
2-32 the bailiff salary under salary administration guidelines.
2-33 SECTION 9. This Act takes effect September 1, 1999.
2-34 SECTION 10. 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 * * * * *