State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > 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.

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.

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.

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.

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.

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.

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.

$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.

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.

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.

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.