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.