Overall Vote Recommendation

Neutral

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 3104 makes targeted changes to the Texas Government Code concerning the appointment and compensation of bailiffs in district courts located in Webb County. Specifically, the bill removes the 341st District Court from the list of courts whose judges are required to appoint a bailiff under Section 53.001(a). It also repeals Sections 53.001(i) and 53.009(d), which contain provisions specific to the employment and compensation structure of bailiffs for the 341st and 406th District Courts.

Importantly, the bill includes a grandfather clause to protect bailiffs currently serving under the authority of the 341st or 406th District Courts. Those bailiffs will continue to serve and receive compensation from Webb County under the terms in place before the bill’s effective date of September 1, 2025. They will remain eligible for longevity pay and cost-of-living increases, ensuring continuity and stability for affected personnel.

In practical effect, the legislation signals a shift in how bailiff appointments are structured in certain district courts in Webb County, potentially reducing mandated positions and providing local flexibility in judicial staffing. The bill’s transitional provision ensures that current employees are not adversely affected, while the repeal of specific statutes allows for administrative streamlining and updated practices in court operations.

The originally filed version of HB 3104 focused narrowly on modifying provisions in Section 53.009(d) and (e) of the Texas Government Code to shift the authority for setting the salaries of bailiffs in the 341st and 406th District Courts of Webb County from the judges to the commissioners court. The original bill clarified that salaries must be commensurate with those of bailiffs in similarly situated courts and could not exceed the salary of the county's chief deputy sheriff. It also maintained a requirement for judges to notify the commissioners court of the set salary, if applicable.

In contrast, the Committee Substitute takes a more comprehensive approach by repealing the very subsections (53.001(i) and 53.009(d)) that govern bailiff appointments and salary details for the 341st and 406th District Courts. Additionally, it removes the 341st District Court from the list in Section 53.001(a) of courts required to appoint a bailiff. This signals a policy shift from altering salary-setting authority to removing statutory mandates for bailiff appointments and compensation altogether.

The substitute bill also includes a transitional provision preserving the employment and compensation rights of bailiffs currently serving under the repealed provisions. These individuals may continue in their roles under preexisting compensation arrangements and are still eligible for standard salary increases—an element absent from the originally filed version, which would have applied prospectively without explicitly protecting incumbents.

Overall, the originally filed bill sought to reform administrative oversight of bailiff salaries, whereas the committee substitute moves further by rolling back statutory requirements entirely, giving local discretion more control over the existence and compensation of bailiff positions in Webb County’s district courts.

Author (1)

Don McLaughlin

Sponsor (1)

Judith Zaffirini

Contact the Author

Rep. Don McLaughlin

Capitol Phone:

(512) 463-0194

Capitol Office:

EXT E2.820

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3104 is not expected to have a significant fiscal impact on the State of Texas. The analysis assumes that any administrative or procedural changes required by the bill, including the discontinuation of bailiff appointment mandates for certain district courts in Webb County, can be managed within existing appropriations and staffing levels.

At the local level, the bill is likewise projected to have no significant fiscal implication for county governments, including Webb County. This is largely due to the bill’s transitional provision, which allows bailiffs currently serving in the affected district courts to continue in their roles and maintain their compensation under the pre-existing framework. As a result, the bill avoids immediate disruptions to salary obligations or employment structures, helping prevent any sharp financial impact on county resources.

While the bill removes certain statutory requirements for bailiff appointments and salary-setting, which may offer future opportunities for Webb County to streamline or adjust court staffing based on need, these potential savings are not quantified in the fiscal note. Instead, any long-term fiscal benefit would depend on future decisions by local judicial and budgetary authorities.

Vote Recommendation Notes

HB 3104 proposes a narrowly tailored reform to address administrative confusion in Webb County over who has authority to appoint and compensate bailiffs in the 341st and 406th District Courts. By repealing specific statutory provisions and removing the requirement that judges of these courts appoint bailiffs, the bill shifts discretion to local authorities and simplifies salary-setting processes. The goal, as explained in the bill analysis, is to reduce discrepancies, eliminate delays in pay adjustments, and align bailiff compensation with broader county budgeting practices.

The bill does not create new positions, expand the role of state government, or impose mandates on individuals or businesses. It has no significant fiscal impact on either the state or local government according to the Legislative Budget Board, and it preserves the employment and pay status of currently serving bailiffs. From a liberty principle standpoint, the bill modestly promotes limited government by removing unnecessary statutory requirements, but the practical impact is limited and highly localized.

The bill neither significantly enhances nor undermines individual liberty, personal responsibility, free enterprise, private property rights, or limited government. Given the administrative nature of the change, the preservation of existing employee protections, and the lack of broad fiscal or regulatory implications, Texas Policy Research remains NEUTRAL on HB 3104.

The bill does not create or restrict any individual rights. It strictly concerns internal government staffing (court bailiffs) and has no direct effect on citizens’ freedoms, civil liberties, or access to justice. Because it preserves existing bailiff roles for those already appointed, it avoids any unintended disruption in court operations that might indirectly impact litigants or the public.
HB 3104 does not influence individual behavior, incentives, or responsibilities. It does not promote or diminish the principle that people should be accountable for their actions. This principle is not materially affected by a change in who hires or pays bailiffs.
There is no effect on private business, competition, or market regulation. The bill does not involve contracts, licensing, private employment, or economic activity. It is confined to government employment policy within the court system.
The bill does not address land use, eminent domain, regulation of property, or taxation on property owners. It has no bearing on the ability of individuals to own, use, or protect their property.
The bill advances this principle by removing a state-imposed mandate requiring judges in certain courts to appoint bailiffs. This decentralizes authority and gives Webb County more flexibility to decide whether such positions are necessary and how they should be structured and compensated. That said, because it applies only to two courts in one county, the scope of its impact is modest and procedural.

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