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2-22 repealed.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.