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.