By:  Gallego                                           H.B. No. 375
       73R653 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the selection of a grand jury in a county with a
    1-3  population of less than 100,000.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 19.01, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 19.01.  Appointment of Jury Commissioners; Selection
    1-8  Without Jury Commission.  (a)  The district judge in a county with
    1-9  a population of 100,000 or more, at or during any term of court,
   1-10  shall appoint not less than three, nor more than five persons to
   1-11  perform the duties of jury commissioners, and shall cause the
   1-12  sheriff to notify them of their appointment, and when and where
   1-13  they are to appear.  The district judge shall, in the order
   1-14  appointing such commissioners, designate whether such commissioners
   1-15  shall serve during the term at which selected or for the next
   1-16  succeeding term.  Such commissioners shall receive as compensation
   1-17  for each day or part thereof they may serve the sum of Ten Dollars,
   1-18  and they shall possess the following qualifications:
   1-19              1.  Be intelligent citizens of the county and able to
   1-20  read and write the English language;
   1-21              2.  Be qualified jurors in the county;
   1-22              3.  Have no suit in said court which requires
   1-23  intervention of a jury;
   1-24              4.  Be residents of different portions of the county;
    2-1  and
    2-2              5.  The same person shall not act as jury commissioner
    2-3  more than once in any 12-month period.
    2-4        (b)(1)  In a county with a population of less than 100,000
    2-5  <In lieu of the selection of prospective jurors by means of a jury
    2-6  commission>, the district judge shall <may> direct that 20 to 75
    2-7  prospective grand jurors be selected and summoned, with return on
    2-8  summons, in the same manner as for the selection and summons of
    2-9  panels for the trial of civil cases in the district courts.  The
   2-10  judge shall try the qualifications for and excuses from service as
   2-11  a grand juror and impanel the completed grand jury in the same
   2-12  manner as provided for grand jurors selected by a jury commission.
   2-13              (2)  In a county with a population of 100,000 or more,
   2-14  the district judge may order a grand jury to be selected and
   2-15  summoned in the same manner as Subsection (b)(1) of this article in
   2-16  lieu of the selection of prospective jurors by means of a jury
   2-17  commission.
   2-18        SECTION 2.  Chapter 19, Code of Criminal Procedure, is
   2-19  amended by adding Article 19.011 to read as follows:
   2-20        Art. 19.011.  APPLICABILITY OF CERTAIN ARTICLES.  Articles
   2-21  19.02, 19.03, 19.04, 19.05, 19.06, 19.09, 19.10, 19.11, 19.12,
   2-22  19.13, 19.14, 19.15, 19.17, and 19.20 of this code apply only to a
   2-23  grand jury selected by means of a jury commission.
   2-24        SECTION 3.  Article 19.30, Code of Criminal Procedure, is
   2-25  amended to read as follows:
   2-26        Art. 19.30.  Challenge to "Array."  A challenge to the
   2-27  "array" shall be made in writing for these causes only:
    3-1              1.  That those summoned as grand jurors are not in fact
    3-2  those selected by the method required or permitted <provided> by
    3-3  Article 19.01 <19.01(b)> of this chapter <or by the jury
    3-4  commissioners>; and
    3-5              2.  In case of grand jurors summoned by order of the
    3-6  court, that the officer who summoned them had acted corruptly in
    3-7  summoning any one or more of them.
    3-8        SECTION 4.  (a)  The change in law made by this Act applies
    3-9  only to the selection of grand jurors for a term of court that
   3-10  begins on or after the effective date of this Act.  The selection
   3-11  of grand jurors for a term of court that begins before the
   3-12  effective date of this Act is governed by the law in effect when
   3-13  the term begins, and the former law is continued in effect for that
   3-14  purpose.
   3-15        (b)  The change in law made by this Act does not affect the
   3-16  validity or authority of a grand jury selected before the effective
   3-17  date of this Act.
   3-18        SECTION 5.  This Act takes effect September 1, 1993.
   3-19        SECTION 6.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.