By Madden H.B. No. 3223 77R3574 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to bailiffs appointed by justice courts. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 53, Government Code, is amended by adding 1-5 Subchapter G to read as follows: 1-6 SUBCHAPTER G. BAILIFFS FOR JUSTICE COURTS 1-7 Sec. 53.111. MANDATORY APPOINTMENTS. (a) The judge of each 1-8 justice court shall appoint a bailiff. 1-9 (b) The appointment of a bailiff under this subchapter does 1-10 not affect a requirement under general law that the constable 1-11 furnish a bailiff for each court. 1-12 (c) A bailiff appointed under this subchapter is an officer 1-13 of the court. 1-14 Sec. 53.112. QUALIFICATIONS. (a) A bailiff appointed under 1-15 this subchapter must be: 1-16 (1) at least 21 years of age; and 1-17 (2) a citizen of the United States. 1-18 (b) A bailiff may hold a peace officer license issued under 1-19 Chapter 1701, Occupations Code, by the Commission on Law 1-20 Enforcement Officer Standards and Education. 1-21 Sec. 53.113. DUTIES. (a) A bailiff appointed under this 1-22 subchapter shall: 1-23 (1) perform in the court to which the bailiff is 1-24 appointed all duties imposed on bailiffs under general law; 2-1 (2) attend each session of the court to which the 2-2 bailiff is appointed; and 2-3 (3) perform other duties required by the judge of the 2-4 court that the bailiff serves under the direction and supervision 2-5 of the judge. 2-6 (b) A bailiff acts in the name of the bailiff's principal 2-7 and may perform all official acts that a constable may perform. 2-8 Sec. 53.114. COMPENSATION. A bailiff appointed under this 2-9 subchapter is entitled to receive a salary set by the commissioners 2-10 court in an amount that is commensurate with the salary paid the 2-11 bailiffs of other courts with similar duties. The salary is paid 2-12 out of the general fund of the county. 2-13 Sec. 53.115. ACTING FOR ANOTHER BAILIFF. A bailiff 2-14 appointed under this subchapter may act for another bailiff and 2-15 shall act for another bailiff when requested by a judge. A bailiff 2-16 acting for another bailiff may not receive additional compensation 2-17 for acting under this section. 2-18 Sec. 53.116. BAILIFF AS DEPUTY. On written notice of an 2-19 appointment under this subchapter from the judge, a constable in 2-20 the county may deputize the bailiff in addition to other deputies 2-21 authorized by law. 2-22 Sec. 53.117. OATH. The following oath must be administered 2-23 to a bailiff appointed under this subchapter by the appointing 2-24 judge: "I solemnly swear that I will perform faithfully and 2-25 impartially all duties required of me and required by law so help 2-26 me God." 2-27 Sec. 53.118. TERM OF OFFICE. A bailiff appointed under this 3-1 subchapter holds office at the will of the judge of the court 3-2 served by the bailiff. 3-3 SECTION 2. This Act takes effect September 1, 2001.