By Linebarger                                          H.B. No. 392
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to justice court juries.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 62.012(b), Government Code, is amended to
    1-5  read as follows:
    1-6        (b)  On receiving the notice from the judge, the clerk shall
    1-7  immediately write on the jury list the date that the prospective
    1-8  jurors are to be summoned to appear and shall deliver the jury list
    1-9  to:
   1-10              (1)  the sheriff, for a county or district court jury;
   1-11  or
   1-12              (2)  the sheriff or constable, for a justice court
   1-13  jury.
   1-14        SECTION 2.  Section 62.013, Government Code, is amended to
   1-15  read as follows:
   1-16        Sec. 62.013.  SUMMONS FOR JURY SERVICE BY SHERIFF OR
   1-17  CONSTABLE <SHERIFFS>.  (a)  Except as provided by Section 62.014,
   1-18  the sheriff or constable, on receipt of a jury list from a county
   1-19  or district clerk, shall immediately notify the persons whose names
   1-20  are on the list to appear for jury service on the date designated
   1-21  by the judge.
   1-22        (b)  The sheriff or constable shall notify each prospective
   1-23  juror to appear for jury service:
   1-24              (1)  by an oral summons; or
    2-1              (2)  if the judge ordering the summons so directs, by a
    2-2  written summons sent by registered mail or certified mail, return
    2-3  receipt requested, or by first class mail to the address on the
    2-4  jury wheel card or the address on the current voter registration
    2-5  list of the county.
    2-6        (c)  Delivery of a written summons is sufficient if the mail
    2-7  containing the summons is received by a person authorized by the
    2-8  United States Postal Service to receive it.
    2-9        (d)  The content of an oral or written summons to appear for
   2-10  jury service is sufficient if it includes the time and place for
   2-11  the appearance of the prospective juror for jury service, the
   2-12  purpose for which he is to appear, and the penalty for his failure
   2-13  to appear as required.
   2-14        SECTION 3.  The heading of Subchapter D, Chapter 62,
   2-15  Government Code, is amended to read as follows:
   2-16         SUBCHAPTER D.  COUNTY COURT AND JUSTICE COURT JURIES
   2-17        SECTION 4.  Section 62.301, Government Code, is amended to
   2-18  read as follows:
   2-19        Sec. 62.301.  NUMBER OF JURORS.  The jury in the county
   2-20  courts and in the justice courts is composed of six persons.
   2-21        SECTION 5.  Subchapter E, Chapter 62, Government Code, is
   2-22  repealed.
   2-23        SECTION 6.  (a)  This Act takes effect September 1, 1993.
   2-24        (b)  This Act applies only to justice court jury selection on
   2-25  or after the effective date of this Act.  A justice court jury that
   2-26  was selected before the effective date of this Act is governed by
   2-27  the law that existed at the time the jury was selected, and the
    3-1  former law is continued in effect for this purpose.
    3-2        SECTION 7.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency   and   an   imperative   public   necessity   that   the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.