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.
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