CHAPTER 53. BAILIFFS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS
CHAPTER 53. BAILIFFS
SUBCHAPTER A. BAILIFFS FOR CERTAIN COURTS
Sec. 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. At the discretion of the judge,
a bailiff may serve the court in more than one county of 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.
(i) The judge of the 406th District Court shall appoint a
bailiff.
(j) The judge of the 115th District Court shall appoint a
bailiff to serve the court only in Upshur County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(a), eff.
Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(a), eff.
Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 401, Sec. 1, eff. Aug.
26, 1991; Acts 1991, 72nd Leg., ch. 546, Sec. 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 868, Sec. 1, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 853, Sec. 1, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 932, Sec. 1, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1136, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 575, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1352, Sec. 1(d), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
5, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
781, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 20(a), eff. September 1, 2007.
Sec. 53.002. PERMISSIVE APPOINTMENTS. (a) The judges of the
34th, 86th, 130th, 142nd, 238th, 318th, 355th, and 385th district
courts may each appoint a bailiff.
(b) The judge of the 43rd District Court and the judge of the
415th District Court may each appoint one or more bailiffs that
the judge believes are necessary for the efficient administration
of the judge's 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 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.
(h) The judge of the 84th District Court may appoint a bailiff
to serve the court in Hansford and Hutchinson counties.
(i) The judge of the 207th District Court may appoint a bailiff
to serve the court in Comal County, subject to the approval of
the local administrative judge.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 759, Sec. 1, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 819, Sec. 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 430, Sec. 1, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 648, Sec. 1, eff. Aug. 28, 1995; Acts 1997,
75th Leg., ch. 868, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1436, Sec. 1, eff. June 20, 1997; Acts 1999, 76th Leg.,
ch. 853, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
867, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 121,
Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 928, Sec.
1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
4, Sec. 1, eff. April 27, 2005.
Acts 2005, 79th Leg., Ch.
1352, Sec. 3(b), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
211, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
890, Sec. 1, eff. June 19, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(b), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, Sec. 2, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 2, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(b), eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 401, Sec. 2, eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 648, Sec. 2, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 868, Sec. 3, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 853, Sec. 3, eff. Sept. 1, 1999.
Sec. 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, 130th, or 341st district court, the County Court of
Harrison County, a court described in Section 53.002(c), a
district court in Taylor County, or a county court at law of
Taylor 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,
Sec. 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,
Sec. 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.
(f) To be eligible to be appointed bailiff in the 406th District
Court, a person must be:
(1) at least 21 years of age; and
(2) a citizen of the United States.
(g) A bailiff appointed by the judge of the 115th District Court
to serve the court in Upshur County must be:
(1) a resident of that county; and
(2) at least 18 years of age.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(c), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, Sec. 3, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 3, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(c), eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 401, Sec. 3, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 819, Sec. 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 385, Sec. 1, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 430, Sec. 2, eff. Sept. 1, 1993; Acts 1997, 75th
Leg., ch. 868, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 853, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
10, Sec. 1, eff. May 3, 2005.
Acts 2005, 79th Leg., Ch.
1352, Sec. 1(e), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
5, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
781, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 20(b), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
890, Sec. 2, eff. June 19, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(d), eff.
Aug. 28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(e), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, Sec. 4, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 4, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(d), eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 546, Sec. 2, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 648, Sec. 3, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 868, Sec. 5, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 853, Sec. 5, eff. Sept. 1, 1999.
Sec. 53.007. BAILIFF DEPUTIZED. (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.
(b) On the request of the judge of a court to which this section
applies other than the 115th District Court, 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. On the request
of the judge of the 115th District Court, the sheriff of Upshur
County shall deputize the bailiff appointed by that judge under
Section 53.001(j), 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(f), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, Sec. 5, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 5, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(e), eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 819, Sec. 3, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 430, Sec. 3, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 648, Sec. 4, eff. Aug. 28, 1995; Acts 1997,
75th Leg., ch. 868, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1436, Sec. 2, eff. June 20, 1997; Acts 1999, 76th Leg.,
ch. 853, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
781, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 20(c), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
890, Sec. 3, eff. June 19, 2009.
Sec. 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, Sec. 2.71(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 919, Sec. 6, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 401, Sec. 4, eff. Aug.
26, 1991; Acts 1991, 72nd Leg., ch. 546, Sec. 3, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 648, Sec. 5, eff. Aug. 28, 1995.
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."
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(g), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, Sec. 6, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 7, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(f), eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 819, Sec. 4, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 430, Sec. 4, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 648, Sec. 6, eff. Aug. 28, 1995; Acts 1997,
75th Leg., ch. 868, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1436, Sec. 3, eff. June 20, 1997; Acts 1999, 76th Leg.,
ch. 853, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
890, Sec. 4, eff. June 19, 2009.
Sec. 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, except that the salary paid to
the bailiff of the 106th District Court may be paid out of either
the general fund or the courthouse security 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.
(m) A bailiff of the 97th District Court that serves the court
in more than one county is 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. 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.
(n) A bailiff appointed by the judge of the 130th District Court
is entitled to receive a salary set by the Commissioners Court of
Matagorda County in an amount that is not less than the salary of
a deputy sheriff regularly assigned to patrol duty in that
county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.71(a), eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 8.29(h), eff.
Aug. 28, 1989; Acts 1989, 71st Leg., ch. 759, Sec. 7, eff. Sept.
1, 1989; Acts 1989, 71st Leg., ch. 919, Sec. 8, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, Sec. 8.03(g), eff. Aug. 26,
1991; Acts 1991, 72nd Leg., ch. 401, Sec. 5, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 546, Sec. 4, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 819, Sec. 5, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 107, Sec. 10.01(6), eff. Aug. 30, 1993; Acts 1993,
73rd Leg., ch. 154, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 430, Sec. 5, eff. Sept. 1, 1993; Acts 1995, 74th Leg.,
ch. 648, Sec. 7, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch.
868, Sec. 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1436,
Sec. 4, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 853, Sec.
8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 867, Sec. 2,
eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1136, Sec. 2, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 575, Sec. 2, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 121, Sec. 2, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 928, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
83, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
5, Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
890, Sec. 5, eff. June 19, 2009.
Sec. 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, Sec. 2.71(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 1074, Sec. 6, eff.
Sept. 1, 1989.
SUBCHAPTER B. BAILIFF TO ACT AS INTERPRETER
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER C. BAILIFFS IN BEXAR COUNTY
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. BAILIFFS FOR FAMILY DISTRICT COURTS IN HARRIS
COUNTY
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 2.72(a), eff. Sept.
1, 1987.
SUBCHAPTER E. GRAND JURY BAILIFFS IN CERTAIN COUNTIES
Sec. 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, Sec. 2.73, eff. Sept. 1,
1987.
Sec. 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, Sec. 2.73, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.30, eff.
Aug. 28, 1989.
SUBCHAPTER F. APPELLATE COURT PEACE OFFICERS
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.