2005 Texas Government Code CHAPTER 53. BAILIFFS

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.
	(i)  The judge of the 406th District Court shall 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;  Acts 2005, 79th Leg., ch. 1352, § 1(d), eff. Sept. 1, 
2005.


	§ 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 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, § 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;  Acts 2005, 
79th Leg., ch. 4, § 1, eff. April 27, 2005;  Acts 2005, 79th Leg., 
ch. 1352, § 3(b), eff. Sept. 1, 2005.


	§ 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, 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, 
§ 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.
	(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.                                          

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;  
Acts 2005, 79th Leg., ch. 10, § 1, eff. May 3, 2005;  Acts 2005, 
79th Leg., ch. 1352, § 1(e), eff. Sept. 1, 2005.


	§ 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, 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.

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;  Acts 2005, 79th Leg., ch. 83, § 1, eff. Sept. 
1, 2005.


	§ 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.