| 1 | 1 | | 81R9276 KLA-D |
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| 2 | 2 | | By: Frost H.B. No. 3154 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain policies for bailiffs and the appointment of or |
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| 8 | 8 | | request for bailiffs for certain courts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 53, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter A-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER A-1. GENERAL PROVISIONS REGARDING BAILIFFS |
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| 13 | 13 | | Sec. 53.011. APPOINTMENT OF OR REQUEST FOR BAILIFF FOR |
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| 14 | 14 | | CERTAIN COURTS. (a) This section applies only to a district court, |
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| 15 | 15 | | statutory county court, and county court, and only to the extent the |
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| 16 | 16 | | section does not conflict with a specific provision applicable to |
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| 17 | 17 | | that court that authorizes or restricts the court's authority with |
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| 18 | 18 | | respect to appointing a bailiff. |
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| 19 | 19 | | (b) The judge of a district court, statutory county court, |
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| 20 | 20 | | or county court may appoint a bailiff to: |
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| 21 | 21 | | (1) serve as a courtroom security officer; |
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| 22 | 22 | | (2) attend to the needs of a jury sitting for a civil |
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| 23 | 23 | | or criminal case; and |
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| 24 | 24 | | (3) act under the judge's direction in all courtroom |
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| 25 | 25 | | proceedings. |
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| 26 | 26 | | (c) Instead of appointing a bailiff under Subsection (b), |
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| 27 | 27 | | the judge of a district court, statutory county court, or county |
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| 28 | 28 | | court may request the county sheriff to provide a bailiff. On |
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| 29 | 29 | | receipt of the request, the sheriff shall provide a deputy sheriff, |
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| 30 | 30 | | peace officer, or any other person the sheriff considers qualified |
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| 31 | 31 | | to serve as bailiff for the court. |
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| 32 | 32 | | Sec. 53.012. USE OF FORCE POLICIES FOR BAILIFFS. (a) Each |
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| 33 | 33 | | county sheriff shall establish policies regarding the use of force |
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| 34 | 34 | | by a bailiff for any court in the county. |
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| 35 | 35 | | (b) A person acting as bailiff shall comply with the |
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| 36 | 36 | | policies established under Subsection (a) for that county. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2009. |
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