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.