82R15405 YDB-F
 
  By: Miller of Comal H.B. No. 2310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to appointment of bailiffs for the district courts in
  Comal, Hays, and Caldwell Counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 53.001(a), Government Code, is amended
  to read as follows:
         (a)  The judges of the [22nd,] 30th, 70th, 71st, 78th, 89th,
  161st, and 341st district courts, the judges of the district courts
  having jurisdiction in Taylor County, the judges of the county
  courts at law of Taylor County, and the judge of the County Court of
  Harrison County shall each appoint a bailiff.
         SECTION 2.  Section 53.002, Government Code, is amended by
  amending Subsection (i) and adding Subsections (j) and (k) to read
  as follows:
         (i)  The local administrative judge of the district courts in
  Comal County [207th District Court] may appoint two or more
  bailiffs [a bailiff] to serve the district courts [court] in Comal
  County as the judge determines necessary for the efficient
  operation of the district courts, subject to the approval of a
  majority of the district judges of those courts [the local
  administrative judge].  A majority of the district judges of those
  courts may remove a bailiff appointed under this subsection.  The
  local administrative judge may not appoint more than two bailiffs
  under this subsection unless the funding for the additional
  bailiffs is approved by the commissioners court of Comal County
  before the appointment.  A bailiff appointed under this subsection
  is entitled to the salary recommended by the local administrative
  judge, subject to the approval of the commissioners court.
         (j)  The local administrative judge of the district courts in
  Hays County may appoint two or more bailiffs to serve the district
  courts in Hays County as the judge determines necessary for the
  efficient operation of the district courts, subject to the approval
  of a majority of the district judges of those courts.  A majority of
  the district judges of those courts may remove a bailiff appointed
  under this subsection.  The local administrative judge may not
  appoint more than two bailiffs under this subsection unless the
  funding for the additional bailiffs is approved by the
  commissioners court of Hays County before the appointment.  A
  bailiff appointed under this subsection is entitled to the salary
  recommended by the local administrative judge, subject to the
  approval of the commissioners court.
         (k)  The local administrative judge of the district courts in
  Caldwell County may appoint two or more bailiffs to serve the
  district courts in Caldwell County as the judge determines
  necessary for the efficient operation of the district courts,
  subject to the approval of a majority of the district judges of
  those courts. A majority of the district judges of those courts may
  remove a bailiff appointed under this subsection.  The local
  administrative judge may not appoint more than two bailiffs under
  this subsection unless the funding for the additional bailiffs is
  approved by the commissioners court of Caldwell County before the
  appointment.  A bailiff appointed under this subsection is entitled
  to the salary recommended by the local administrative judge,
  subject to the approval of the commissioners court.
         SECTION 3.  Section 53.004(a), Government Code, is amended
  to read as follows:
         (a)  A bailiff in the [22nd,] 34th, 70th, 71st, or 161st
  district court must be a resident of the county in which the bailiff 
  [he] serves the court and must be at least 18 years old.
         SECTION 4.  Section 53.007(a), Government Code, is amended
  to read as follows:
         (a)  This section applies to:
               (1)  the [22nd,] 34th, 70th, 71st, 86th, 97th, 130th,
  142nd, 161st, 238th, 318th, 341st, 355th, and 385th district
  courts;
               (2)  the County Court of Harrison County;
               (3)  the criminal district courts of Tarrant County;
               (4)  the district courts in Taylor County;
               (5)  the courts described in Section 53.002(c), (d),
  (e), or (f);
               (6)  the county courts at law of Taylor County;
               (7)  the district courts in Tarrant County that give
  preference to criminal cases; and
               (8)  the 115th District Court in Upshur County.
         SECTION 5.  Section 53.008, Government Code, is amended to
  read as follows:
         Sec. 53.008.  OATH. The bailiffs of the [22nd,] 34th, 70th,
  86th, 97th, 130th, 142nd, 161st, 238th, 318th, 341st, 355th, and
  385th district courts, the bailiffs of the courts described in
  Section 53.002(c), (d), (e), or (f), the bailiffs and the grand jury
  bailiffs of the district courts in Tarrant County that give
  preference to criminal cases, the bailiffs and grand jury bailiffs
  of the criminal district courts in Tarrant County, the bailiffs of
  the district courts in Taylor County, and the bailiffs of the county
  courts at law of Taylor County shall each swear to the following
  oath, to be administered by the judge:  "I solemnly swear that I
  will faithfully and impartially perform all duties as may be
  required of me by law, so help me God."
         SECTION 6.  This Act takes effect September 1, 2011.