1 | 1 | | 85R10677 DMS-D |
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2 | 2 | | By: Landgraf H.B. No. 3613 |
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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 the appointment of bailiffs by district courts in Ector |
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8 | 8 | | County. |
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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. Section 53.001, Government Code, is amended by |
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11 | 11 | | adding Subsection (k) to read as follows: |
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12 | 12 | | (k) The judges of the 244th, 358th, and 446th district |
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13 | 13 | | courts shall each appoint a bailiff. |
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14 | 14 | | SECTION 2. Section 53.004, Government Code, is amended by |
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15 | 15 | | amending Subsection (a) and adding Subsection (h) to read as |
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16 | 16 | | follows: |
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17 | 17 | | (a) A bailiff in the 34th or [, 70th,] 71st[, or 161st] |
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18 | 18 | | district court must be a resident of the county in which the bailiff |
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19 | 19 | | serves the court and must be at least 18 years old. |
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20 | 20 | | (h) A bailiff in the 70th, 161st, 244th, or 358th district |
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21 | 21 | | court must be: |
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22 | 22 | | (1) a resident of the county in which the bailiff |
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23 | 23 | | serves the court; |
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24 | 24 | | (2) at least 18 years of age; and |
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25 | 25 | | (3) a citizen of the United States. |
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26 | 26 | | SECTION 3. Section 53.007(a), Government Code, is amended |
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27 | 27 | | to read as follows: |
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28 | 28 | | (a) This section applies to: |
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29 | 29 | | (1) the 34th, 70th, 71st, 86th, 97th, 130th, 142nd, |
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30 | 30 | | 161st, 238th, 244th, 318th, 341st, 355th, 358th, [and] 385th, and |
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31 | 31 | | 446th district courts; |
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32 | 32 | | (2) the County Court of Harrison County; |
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33 | 33 | | (3) the criminal district courts of Tarrant County; |
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34 | 34 | | (4) the district courts in Taylor County; |
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35 | 35 | | (5) the courts described in Section 53.002(c), (d), |
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36 | 36 | | (e), or (f); |
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37 | 37 | | (6) the county courts at law of Taylor County; |
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38 | 38 | | (7) the district courts in Tarrant County that give |
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39 | 39 | | preference to criminal cases; and |
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40 | 40 | | (8) the 115th District Court in Upshur County. |
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41 | 41 | | SECTION 4. Section 53.0071, Government Code, is amended to |
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42 | 42 | | read as follows: |
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43 | 43 | | Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the |
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44 | 44 | | appointing judge provides otherwise in the order of appointment, a |
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45 | 45 | | bailiff appointed under Section 53.001(b), [or] (g), or (k) or |
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46 | 46 | | 53.002(c), (e), or (f) is a "peace officer" for purposes of Article |
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47 | 47 | | 2.12, Code of Criminal Procedure. |
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48 | 48 | | SECTION 5. Section 53.008, Government Code, is amended to |
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49 | 49 | | read as follows: |
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50 | 50 | | Sec. 53.008. OATH. The bailiffs of the 34th, 70th, 86th, |
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51 | 51 | | 97th, 130th, 142nd, 161st, 238th, 244th, 318th, 341st, 355th, |
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52 | 52 | | 358th, [and] 385th, and 446th district courts, the bailiffs of the |
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53 | 53 | | courts described in Section 53.002(c), (d), (e), or (f), the |
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54 | 54 | | bailiffs and the grand jury bailiffs of the district courts in |
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55 | 55 | | Tarrant County that give preference to criminal cases, the bailiffs |
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56 | 56 | | and grand jury bailiffs of the criminal district courts in Tarrant |
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57 | 57 | | County, the bailiffs of the district courts in Taylor County, and |
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58 | 58 | | the bailiffs of the county courts at law of Taylor County shall each |
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59 | 59 | | swear to the following oath, to be administered by the judge: "I |
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60 | 60 | | solemnly swear that I will faithfully and impartially perform all |
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61 | 61 | | duties as may be required of me by law, so help me God." |
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62 | 62 | | SECTION 6. This Act takes effect September 1, 2017. |
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