HBA-KMH H.B. 2570 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2570
By: Junell
Judicial Affairs
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no definition of the duties of a municipal bailiff.
H.B. 2570 requires the presiding judge of a municipal court to appoint
certain persons to serve as a municipal bailiff.  This bill also defines
the duties of a bailiff. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 53, Government Code, by adding Subchapter G, as
follows: 

SUBCHAPTER G.  BAILIFFS FOR MUNICIPAL COURTS

Sec.  53.121.  APPOINTMENT.  Requires the presiding judge of a municipal
court to appoint the marshal of the municipality or the marshal's deputy to
serve as bailiff for the municipal court.  Requires the presiding judge, if
the municipality doe not have a marshal, to appoint a police officer of the
municipality's police department to serve as bailiff. 

Sec.  53.122.  TERM OF OFFICE.  Provides that the bailiff holds office at
the will of the judge of the municipal court served by the bailiff. 

Sec.  53.123.  DUTIES.  Requires a bailiff to perform the duties imposed on
bailiffs by law and by the judge of the municipal court that the bailiff
serves.  Requires a bailiff to attend each session of the municipal court
to which the bailiff is appointed and perform the official duties performed
by sheriffs and deputies, including serving process and warrants. 

Sec.  53.124.  BAILIFF AS PEACE OFFICER.  Provides that a bailiff under
Section 53.121 is a "peace officer" for purposes of Article 2.12 (Who are
peace officers), Code of Criminal Procedure. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.