BILL ANALYSIS

 

 

Senate Research Center

H.B. 3104

89R20631 BCH-F

By: McLaughlin (Zaffirini)

 

Jurisprudence

 

5/12/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law grants judges of certain district courts the authority to appoint bailiffs and set their salaries. Discrepancies have arisen between how salaries are determined for bailiffs in the 341st and 406th District Courts versus those in comparable courts, creating inconsistencies, delayed pay adjustments, and confusion about whether a judge or the commissioners court has final authority in determining pay. The Webb County Commissioners Court and district court administration have expressed a need to clarify this salary-setting authority to ensure uniformity with other county-paid positions and maintain parity with other court officers.

 

H.B. 3104 would seek to provide clarity, ensure salary consistency across courts with similar duties, reduce administrative confusion, and align compensation with county budgeting processes.

 

H.B. 3104 amends current law relating to the appointment and compensation of a bailiff appointed by the judges of certain district courts in Webb County.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 53.001(a), Government Code, to delete existing text requiring the judges of the 341st district court appoint a bailiff and to make a nonsubstantive change.

 

SECTION 2. Repealers: Sections 53.001(i) (relating to requiring the judge of the 406th District Court to appoint a bailiff) and 53.009(d) (relating to providing that the bailiff appointed by the judge of the 341st District Court is entitled to receive a salary set by the judge in an amount that is commensurate with the salary paid the bailiffs of other courts with similar duties), Government Code.

 

SECTION 3. Provides that the changes in law made by this Act do not apply to a bailiff appointed by the judge of the 341st or 406th district court before the effective date of this Act. Requires a bailiff appointed by the judge of the 341st or 406th district court to continue to serve and receive compensation from Webb County in the same manner as before the effective date of this Act and to be eligible to receive any longevity or cost of living salary increases available to a bailiff serving in Webb County before the effective date of this Act. Provides that the former law is continued in effect for the purposes of this section.

 

SECTION 4. Effective date: September 1, 2025.