GOVERNMENT CODE
CHAPTER 53. BAILIFFS
SUBCHAPTER A. BAILIFFS FOR CERTAIN COURTS
§ 53.001. MANDATORY APPOINTMENTS. (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.
(b) A district or statutory county court judge in Nueces
County shall appoint a bailiff.
(c) Each criminal district court in Tarrant County must have
at least three bailiffs assigned regularly to the court. Each judge
of a criminal district court in Tarrant County shall appoint two
officers of the court to serve as bailiffs for his court.
(d) The judge of the 97th District Court shall appoint a
bailiff for each county in the district.
(e) The county sheriff shall appoint one bailiff for each
district court in Tarrant County that gives preference to criminal
cases and one bailiff for each criminal district court in Tarrant
County in the same manner as authorized by law.
(f) The appointment of a bailiff under this chapter does not
affect the requirement under general law that the county sheriff
furnish a bailiff for each court.
(g) The judges of the district courts having jurisdiction in
Potter and Randall counties and the judges of the county courts at
law in Potter and Randall counties shall each appoint a bailiff.
(h) The judges of the district courts having jurisdiction in
Angelina County and the judges of the county courts at law of
Angelina County shall each appoint a bailiff.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(a), eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 16, § 8.03(a), eff. Aug. 26, 1991; Acts
1991, 72nd Leg., ch. 401, § 1, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 546, § 1, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 868, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
853, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 932, §
1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1136, § 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 575, § 1, eff. Sept. 1,
2001.
§ 53.002. PERMISSIVE APPOINTMENTS. (a) The judges of
the 34th, 86th, 142nd, 238th, 318th, 355th, and 385th district
courts may each appoint a bailiff.
(b) The judge of the 43rd District Court may appoint one or
more bailiffs that he believes are necessary for the efficient
administration of the court.
(c) The judges of the district courts, including family
district courts, having jurisdiction in El Paso County and the
judges of the county courts at law in El Paso County may each
appoint a person to serve the court as bailiff. A bailiff for a
district court that is composed of more than one county serves the
court in each county of the district.
(d) The judges of the 15th and 59th district courts and the
judges of the statutory county courts in Grayson County may each
appoint a bailiff.
(e) The judges of the district courts in Tom Green County
may each appoint a bailiff. A bailiff for a district court that is
composed of more than one county may, at the discretion of the
judge, serve the court in each county of the district.
(f) The judges of the 12th, 106th, 258th, 278th, and 411th
district courts may each appoint a bailiff. At the discretion of
the judge, a bailiff may serve the court in each county of the
district.
(g) The judge of each district court in Tarrant County that
gives preference to criminal cases and the judge of each criminal
district court in Tarrant County may appoint two persons to serve as
bailiffs. Notwithstanding Section 53.071 or Article 19.36, Code of
Criminal Procedure, the board of district judges of the courts in
Tarrant County that give preference to criminal cases and the
criminal district courts in Tarrant County may appoint one bailiff
for each grand jury. The total number of grand jury bailiffs shall
not exceed two.
(h) The judge of the 84th District Court may appoint a
bailiff to serve the court in Hansford and Hutchinson counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 759, § 1, eff. Sept. 1, 1989; Acts
1989, 71st Leg., ch. 919, § 1, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 819, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 430, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
648, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, §
2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 1, eff.
June 20, 1997; Acts 1999, 76th Leg., ch. 853, § 2, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 867, § 1, eff. June 18, 1999;
Acts 2003, 78th Leg., ch. 121, § 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 928, § 1, eff. Sept. 1, 2003.
§ 53.003. EVIDENCE OF APPOINTMENT;
NOTIFICATION. (a) An order signed by the appointing judge
entered in the minutes of the court is evidence of the appointment
of a bailiff or grand jury bailiff under Section 53.001(a), (d), or
(g) or 53.002(a), (c), (d), (e), or (f).
(b) The judge of each court listed in Sections 53.001(d) and
53.002(a), (c), (e), and (f), the judge of the 341st District Court,
the judge of each district court in Tarrant County that gives
preference to criminal cases, and the judge of each criminal
district court in Tarrant County shall give each commissioners
court in the judicial district written notification of the
bailiff's or grand jury bailiff's appointment and date of
employment. The judge of each court listed in Section 53.002(c),
the judge of each district court in Tarrant County that gives
preference to criminal cases, and the judge of each criminal
district court in Tarrant County shall also give each commissioners
court written notification of the compensation to be paid by the
county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(b), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 759, § 2, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 919, § 2, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 16, § 8.03(b), eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 401, § 2, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch.
648, § 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, §
3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 853, § 3, eff.
Sept. 1, 1999.
§ 53.004. QUALIFICATIONS. (a) A bailiff in the 22nd,
34th, 70th, 71st, or 161st district court must be a resident of the
county in which he serves the court and must be at least 18 years
old.
(b) To be eligible to be appointed bailiff in the 30th,
78th, 86th, 89th, 97th, or 341st district court, the County Court of
Harrison County, a court described in Section 53.002(c), a district
court in Taylor County, a county court at law of Taylor County,
bailiff or grand jury bailiff in a district court in Tarrant County
that gives preference to criminal cases, or bailiff or grand jury
bailiff in a criminal district court in Tarrant County, a person
must be a resident of the county in which the person serves the
court and must be at least 21 years old.
(c) A bailiff in the 15th or 59th district court or a
statutory county court in Grayson County must be a citizen of the
United States and a resident of Grayson County.
(d) To be eligible to be appointed a bailiff in a district
court in Tom Green County, a person must be a resident of the
judicial district and must be at least 18 years of age.
Text of subsec. (e) as amended by Acts 1993, 73rd Leg., ch. 385,
§ 1
(e) To be eligible to be appointed bailiff in a district
court in Midland County or under Section 53.001(g), a person must be
at least 21 years old and hold a peace officer license under Chapter
415 from the Commission on Law Enforcement Officer Standards and
Education. This subsection does not apply to a person serving as
bailiff of a court described by Section 53.001(g) on September 1,
1991.
Text of subsec. (e) as amended by Acts 1993, 73rd Leg., ch. 430,
§ 2
(e) To be eligible to be appointed bailiff for the 355th
District Court or under Section 53.001(g), a person must be at least
21 years old and hold a peace officer license under Chapter 415 from
the Commission on Law Enforcement Officer Standards and Education.
This subsection does not apply to a person serving as bailiff of a
court described by Section 53.001(g) on September 1, 1991.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(c), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 759, § 3, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 919, § 3, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 16, § 8.03(c), eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 401, § 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch.
819, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 385, §
1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 430, § 2, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 868, § 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 853, § 4, eff. Sept. 1, 1999.
§ 53.005. TERM OF OFFICE. A bailiff or grand jury
bailiff appointed under this subchapter holds office at the will of
the judge of the court that the bailiff or grand jury bailiff
serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(d), eff. Aug. 28, 1989.
§ 53.006. DUTIES. (a) A bailiff or grand jury bailiff
appointed under Section 53.001 or 53.002(a), (c), (d), (e), or (f)
is an officer of the court.
(b) The bailiff or grand jury bailiff shall perform in the
court to which the bailiff or grand jury bailiff is appointed all
duties imposed on bailiffs under general law and shall perform
other duties required by the judge of the court that the bailiff or
grand jury bailiff serves.
(c) A bailiff or grand jury bailiff appointed under Section
53.001(d) or 53.002(a), (c), (e), (f), or (g) by the judge of the
341st District Court, by a judge of a district court in Tarrant
County that gives preference to criminal cases, or by a judge of a
criminal district court in Tarrant County has only the duties
assigned by the judge of the court that the bailiff or grand jury
bailiff serves.
(d) A bailiff appointed under Section 53.001(b) shall serve
as part of the security force for the district and statutory county
courts in the county and shall perform other duties as required by
the judge of the court the bailiff serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(e), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 759, § 4, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 919, § 4, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 16, § 8.03(d), eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 546, § 2, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch.
648, § 3, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, §
5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 853, § 5, eff.
Sept. 1, 1999.
§ 53.007. BAILIFF DEPUTIZED. (a) This section applies
to:
(1) the 22nd, 34th, 70th, 71st, 86th, 97th, 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; and
(7) the district courts in Tarrant County that give
preference to criminal cases.
(b) On the request of the judge of a court to which this
section applies, the sheriff of each county in which the court sits
shall deputize the bailiff or grand jury bailiff appointed under
this subchapter of that court, in addition to other deputies
authorized by law.
(c) A request under this section by a judge of a court listed
in Section 53.001(d), 53.002(a), 53.002(c), or 53.002(e), by the
judge of the 341st District Court, by a judge of a district court in
Tarrant County that gives preference to criminal cases, by a judge
of a criminal district court in Tarrant County, by the judge of a
district court in Taylor County, or by the judge of a county court
at law of Taylor County must be in writing.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(f), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 759, § 5, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 919, § 5, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 16, § 8.03(e), eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 819, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.
430, § 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, §
4, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 6, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 2, eff. June 20,
1997; Acts 1999, 76th Leg., ch. 853, § 6, eff. Sept. 1, 1999.
§ 53.0071. BAILIFF AS PEACE OFFICER. Unless the
appointing judge provides otherwise in the order of appointment, a
bailiff appointed under Section 53.001(b) or (g) or 53.002(c), (e),
or (f) is a "peace officer" for purposes of Article 2.12, Code of
Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 919, § 6, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 401, § 4, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 546, § 3, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 648, § 5, eff. Aug. 28, 1995.
§ 53.008. OATH. The bailiffs of the 22nd, 34th, 70th,
86th, 97th, 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."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(g), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 759, § 6, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 919, § 7, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 16, § 8.03(f), eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 819, § 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.
430, § 4, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, §
6, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 868, § 7, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436, § 3, eff. June 20,
1997; Acts 1999, 76th Leg., ch. 853, § 7, eff. Sept. 1, 1999.
§ 53.009. COMPENSATION. (a) Each bailiff appointed by
a judge of the 30th, 78th, 89th, or 355th district court, by a
district judge in Potter, Randall, or Taylor County, or by a judge
of a county court at law of Potter, Randall, or Taylor County is
entitled to receive a salary set by the judge and approved by the
commissioners court. The salary is paid out of the general fund of
the county, except in Potter and Randall counties, where the salary
shall be set by the commissioners court of each respective county.
(b) Each bailiff appointed by a judge of the 142nd, 238th,
318th, or 385th district court is entitled to receive from each
county in which the court sits the amount of compensation set by the
judge in an amount that does not exceed the salary of the chief
deputy sheriff of the county. The judge shall give each
commissioners court in the district written notification of the
amount of compensation to be paid by the county.
(c) The bailiff appointed by the judge of the County Court
of Harrison County is entitled to receive a salary set by the judge
in an amount that does not exceed the salary of a deputy sheriff of
the county. The salary is paid out of the general fund of the
county.
(d) 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. The salary is paid out of the general
fund of the county.
(e) A bailiff is entitled to receive from the county in
which he serves a salary set by the judge in an amount that does not
exceed the salary of the chief deputy sheriff of the county. The
judge shall give each commissioners court in the district written
notification of the amount of compensation to be paid by the county.
The salary is paid out of the general fund of the county.
(f) The bailiffs and grand jury bailiffs appointed by the
judges of the district courts in Tarrant County that give
preference to criminal cases and the bailiffs and grand jury
bailiffs appointed by the judges of the criminal district courts in
Tarrant County are entitled to receive from the county general fund
a salary set in writing by the judge that is in the same pay grade as
the salary of certified and noncertified peace officers who are
appointed as bailiffs by the sheriff. The county shall administer
the bailiff salary under salary administration guidelines.
(g) Each bailiff appointed by a judge of the 15th or 59th
district court or appointed by a statutory county court judge in
Grayson County is entitled to receive from the county a salary equal
to the salary of a jailer employed by the Grayson County sheriff.
(h) The bailiffs of the courts described in Section
53.002(e) are entitled to receive a salary set by the judge in an
amount that does not exceed the salary of the highest paid officer
assigned to patrol any of the counties in which the bailiff is
designated to serve. The salary shall be apportioned by the judge
between the counties in which the bailiff is designated to serve.
The judge shall give each commissioners court in the district
written notification of the amount of compensation to be paid by its
county. The salary is paid out of the general fund of each county.
(i) Each bailiff appointed under Section 53.001(b) is
entitled to receive a salary set by the commissioners court of the
county in which the bailiff serves.
(j) The bailiff appointed by the judge of the 86th District
Court is entitled to receive a salary set by the judge. The salary
is paid out of the general fund of the county.
(k) The bailiffs of the 12th, 84th, 106th, 258th, 278th, and
411th district courts are entitled to receive a salary set by the
judge and approved by the commissioners court of each of the
counties in which the bailiff is designated to serve, except that
the amount of the salary paid the bailiff of the 84th District Court
must be commensurate with the salary paid the bailiffs of other
courts with similar duties. The salary shall be apportioned by the
judge among the counties in which the bailiff is designated to
serve. The judge shall give each commissioners court in the
district written notification of the amount of compensation to be
paid by the county. The salary is paid out of the general fund of
each county.
(l) Each bailiff appointed by a judge of a district court
having jurisdiction in Angelina County or a county court at law
judge in Angelina County is entitled to receive a salary set by the
commissioners court of that county in an amount that is not less
than the salary of a deputy sheriff regularly assigned to patrol
duty in the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 2, § 8.29(h), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 759, § 7, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 919, § 8, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 16, § 8.03(g), eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 401, § 5, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch.
546, § 4, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 819, §
5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 107, §
10.01(6), eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 154, §
1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 430, § 5, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 648, § 7, eff. Aug. 28,
1995; Acts 1997, 75th Leg., ch. 868, § 8, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1436, § 4, eff. June 20, 1997; Acts
1999, 76th Leg., ch. 853, § 8, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 867, § 2, eff. June 18, 1999; Acts 1999, 76th
Leg., ch. 1136, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 575, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 121,
§ 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 928, § 2,
eff. Sept. 1, 2003.
§ 53.0091. COMPENSATION IN EL PASO COUNTY. (a) Each
bailiff appointed under Section 53.002(c) shall be paid an annual
salary out of the general fund of El Paso County. The appointing
judge shall set the salary in writing, but except as otherwise
provided by this section, the annual salary shall be set at $18,000
on August 26, 1985, and thereafter the $18,000 annual salary shall
increase as provided by Subsection (c).
(b) Bailiffs appointed under Section 53.002(c) who held
office as bailiffs under Chapter 817, Acts of the 62nd Legislature,
Regular Session, 1971 (Article 2292l, Vernon's Texas Civil
Statutes), or under Chapter 532, Acts of the 67th Legislature,
Regular Session, 1981 (Article 2292o, Vernon's Texas Civil
Statutes), on August 25, 1985, are entitled to receive at least the
same annual salary or compensation under this section as they
received under those Acts on August 26, 1985.
(c) For those bailiffs whose annual salary is set at more
than $18,000 as provided by Subsection (b) or (e), any salary
increase to become effective in the annual budget of El Paso County
for any calendar or fiscal year budget, as the case may be, must be
uniform and, except as provided by Subsection (e), the bailiffs are
entitled to at least the same salary increase in those budgets that
is approved by the commissioners court for a majority of county
employees other than deputy sheriffs. In the annual budget of El
Paso County for October 1, 1986, to September 30, 1987, or any
subsequent calendar or fiscal year budget, as the case may be, any
increase in the salaries of bailiffs in El Paso County must be
uniform, and bailiffs are entitled to at least the same salary
increase in those budgets that is approved by the commissioners
court for a majority of county employees, other than deputy
sheriffs.
(d) A person appointed to succeed a bailiff who held office
as bailiff under Chapter 817, Acts of the 62nd Legislature, Regular
Session, 1971 (Article 2292l, Vernon's Texas Civil Statutes), or
under Chapter 532, Acts of the 67th Legislature, Regular Session,
1981 (Article 2292o, Vernon's Texas Civil Statutes), is not
entitled to be paid the same annual salary paid to the bailiff he
succeeds, but is entitled to receive the annual salary as provided
by this section so that the bailiffs' salaries under this section
will become uniform with the passage of time. A person appointed to
succeed any bailiff before October 1, 1986, is entitled to the
$18,000 annual salary set by Subsection (a). A person appointed to
succeed any bailiff on or after October 1, 1986, is entitled to the
$18,000 annual salary set by Subsection (a) or the salary set on the
date the bailiff is appointed for a Grade 20 of the El Paso County
Job Guide Designation for a new employee under Grade 20, whichever
is greater. A bailiff whose annual salary is set on September 30,
1986, at $18,000 under this section is on October 1, 1986, entitled
to any salary increase provided for under Subsection (c) or the
salary set on October 1, 1986, for a Grade 20 of the El Paso County
Job Guide Designation for a new employee under Grade 20, whichever
is greater. After October 1, 1986, all salary increases for
bailiffs shall be uniform as provided for in Subsection (c). If a
substantial number of those job titles or positions listed on the
effective date of this section under Grade 20 of the El Paso County
Job Guide Designation are removed from Grade 20 or the El Paso
County Job Guide Designation is replaced with some other system for
setting employees' salaries under those job titles or positions
listed under Grade 20 of the El Paso County Job Guide Designation,
on the date a new bailiff is appointed, the starting salary being
paid at that time by El Paso County to the functional equivalent of
Grade 20 of the El Paso County Job Guide Designation shall be used
in place of Grade 20. In determining the functional equivalent of
Grade 20 under this section, the job titles, positions, or their
equivalent listed under Grade 20 on August 26, 1985, shall be
considered as the only factors.
(e) Notwithstanding Subsections (c) and (d), any bailiff
who continues in office under Section 11, Chapter 157, Acts of the
69th Legislature, Regular Session, 1985, and whose annual salary
from El Paso County is greater than $21,000 on August 25, 1985, may
not receive a salary increase until the bailiff's salary is equal to
the salaries of those bailiffs whose salaries are set on August 26,
1985, at $20,832. The salaries of those bailiffs appointed under
Section 53.002(c) who were El Paso County deputy sheriffs on August
25, 1985, and whose salaries are over $18,000 but under $20,832 on
that date are set at $20,832 on August 26, 1985, notwithstanding
Subsection (a), and those bailiffs are entitled to the same salary
increase that is granted under Subsection (c) to other bailiffs in
the annual budget of El Paso County for October 1, 1985, to
September 30, 1986.
Added by Acts 1987, 70th Leg., ch. 148, § 2.71(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 1074, § 6, eff. Sept.
1, 1989.
SUBCHAPTER B. BAILIFF TO ACT AS INTERPRETER
§ 53.021. SPECIAL PROVISION: BAILIFF TO ACT AS
INTERPRETER. (a) The judges of the 24th, 135th, and 267th
district courts may each appoint, with the approval of the
commissioners court, an officer of the court to serve as bailiff.
(b) The primary duty of a bailiff appointed under this
section is to act as an interpreter.
(c) A bailiff appointed under this section is entitled to
receive a reasonable salary not to exceed the highest salary paid to
a deputy, clerk, or assistant employed by the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. BAILIFFS IN BEXAR COUNTY
§ 53.031. APPOINTMENTS. (a) The Bexar County sheriff
shall appoint one deputy to serve as bailiff for each of the
district courts in Bexar County not designated as giving preference
to criminal cases.
(b) The Bexar County sheriff shall appoint two deputies to
serve as bailiffs for each of the district courts in Bexar County
designated as giving preference to criminal cases.
(c) A person appointed as bailiff must be acceptable to the
judge of the court to which he is appointed.
(d) An appointment under this section is not effective until
the judge approves and confirms it in writing.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.032. OATH. Before assuming the duties of office,
each bailiff must take the oath prescribed for officers of this
state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.033. BOND. The sheriff may require a bailiff to
give a bond. The sheriff may prescribe the conditions and amount of
the bond, or those terms may be set as otherwise provided by law.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.034. POWERS. A bailiff appointed under this
subchapter has the same powers that sheriffs and deputy sheriffs
have in this state.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.035. DUTIES. (a) A bailiff acts in the name of
his principal and may perform all official acts that the county
sheriff may perform.
(b) A bailiff shall attend each session of the court to
which he is appointed and perform the official duties performed by
sheriffs and deputies in the district courts of this state,
including serving process, subpoenas, warrants, and writs. A
bailiff shall also perform services requested by the judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.036. TERM OF OFFICE; VACANCY. (a) A bailiff
serves at the pleasure of the judge of the court the bailiff serves.
(b) If the office of a bailiff becomes vacant, the sheriff
shall appoint another bailiff in the manner provided for initial
appointments.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.037. ACTING FOR ANOTHER BAILIFF. The bailiffs may
act for each other and shall act for each other when requested to by
a judge or the sheriff. A bailiff acting for another bailiff may
not receive additional compensation.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.038. SALARY. The sheriff shall fix the annual
salary of the bailiffs of each court. The salary must be approved
by the commissioners court and shall be paid by warrant or check in
equal installments twice monthly from the county fund established
for the purpose.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 53.039. ADDITIONAL DEPUTIES. This subchapter does
not prevent the sheriff from assigning additional deputies to any
of the district courts when circumstances require or when a
district judge requests the assignment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. BAILIFFS FOR FAMILY DISTRICT COURTS IN HARRIS COUNTY
§ 53.051. OFFICE OF BAILIFF. The judges of the 245th,
246th, 247th, 257th, 308th, 309th, 310th, 311th, and 312th family
district courts shall appoint a person to serve their respective
courts as bailiff. A bailiff is an officer of the court and
performs the duties of the office under the direction and
supervision of the judge of the court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.052. APPOINTMENT. An order signed by the
appointing judge and entered on the minutes of the court is evidence
of appointment of a bailiff. The judge shall give written notice to
the commissioners court and each constable of Harris County of the
appointment and date employed.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.053. QUALIFICATIONS. A bailiff must be a citizen
of the United States and must be 19 years of age.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.054. BAILIFF AS DEPUTY. On written notice of the
appointment from the judge, a constable of said county may deputize
the bailiff in addition to other deputies authorized by law.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.055. OATH. The following oath must be administered
by the appointing judge to the bailiff appointed under this
subchapter: "I solemnly swear that I will perform faithfully and
impartially all duties required of me and required by law so help me
God."
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.056. TERM OF OFFICE. The bailiff holds office at
the will of the judge of the court served by the bailiff.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.057. DUTIES. A bailiff shall perform the duties
imposed on bailiffs under the general laws of this state and the
other duties required by the judge of the court served.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
§ 53.058. COMPENSATION. The bailiff shall be
compensated out of the general fund of the county in an amount to be
set by the Commissioners Court of Harris County.
Added by Acts 1987, 70th Leg., ch. 148, § 2.72(a), eff. Sept. 1,
1987.
SUBCHAPTER E. GRAND JURY BAILIFFS IN CERTAIN COUNTIES
§ 53.071. GRAND JURY BAILIFFS IN COUNTIES OF 250,000 OR
MORE. (a) In any county with a population of 250,000 or more, the
judges of the district courts to whom the grand jury reports may,
with the commissioners court's approval, appoint not more than
seven grand jury bailiffs.
(b) A bailiff appointed under this section is subject to
removal without cause at the will of the appointing judge or judges.
Added by Acts 1987, 70th Leg., ch. 148, § 2.73, eff. Sept. 1,
1987.
§ 53.072. GRAND JURY BAILIFFS IN GALVESTON COUNTY. The
judge of a district court in Galveston County impaneling a grand
jury shall appoint not more than six grand jury bailiffs.
Added by Acts 1987, 70th Leg., ch. 148, § 2.73, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, § 8.30, eff. Aug.
28, 1989.
SUBCHAPTER F. APPELLATE COURT PEACE OFFICERS
§ 53.091. EMPLOYMENT. (a) The supreme court, the
court of criminal appeals, and each of the courts of appeals may
employ and commission a peace officer to protect the court.
(b) A peace officer commissioned under this section holds
office at the will of the court served by the officer.
(c) A person may not be commissioned as a peace officer
under this section unless the person meets all standards for
licensing as a peace officer by the Commission on Law Enforcement
Officer Standards and Education.
Added by Acts 1993, 73rd Leg., ch. 695, § 1, eff. Sept. 1, 1993.
§ 53.092. POWERS AND DUTIES. Any peace officer
commissioned under this section shall be vested with all the
rights, privileges, obligations, and duties of any other peace
officer in this state while on the property under the control of the
court or acting in the actual course and scope of employment.
Added by Acts 1993, 73rd Leg., ch. 695, § 1, eff. Sept. 1, 1993.
