73R1790 ESH-F
By Linebarger H.B. No. 392
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to justice court juries and to the penalty for filing a
1-3 false claim of exemption from jury service.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 62.012(b), Government Code, is amended to
1-6 read as follows:
1-7 (b) On receiving the notice from the judge, the clerk shall
1-8 immediately write on the jury list the date that the prospective
1-9 jurors are to be summoned to appear and shall deliver the jury list
1-10 to:
1-11 (1) the sheriff, for a county or district court jury;
1-12 or
1-13 (2) the sheriff or constable, for a justice court
1-14 jury.
1-15 SECTION 2. Section 62.013, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 62.013. SUMMONS FOR JURY SERVICE BY SHERIFF OR
1-18 CONSTABLE <SHERIFFS>. (a) Except as provided by Section 62.014,
1-19 the sheriff or constable, on receipt of a jury list from a county
1-20 or district clerk, shall immediately notify the persons whose names
1-21 are on the list to appear for jury service on the date designated
1-22 by the judge.
1-23 (b) The sheriff or constable shall notify each prospective
1-24 juror to appear for jury service:
2-1 (1) by an oral summons; or
2-2 (2) if the judge ordering the summons so directs, by a
2-3 written summons sent by registered mail or certified mail, return
2-4 receipt requested, or by first class mail to the address on the
2-5 jury wheel card or the address on the current voter registration
2-6 list of the county.
2-7 (c) Delivery of a written summons is sufficient if the mail
2-8 containing the summons is received by a person authorized by the
2-9 United States Postal Service to receive it.
2-10 (d) The content of an oral or written summons to appear for
2-11 jury service is sufficient if it includes the time and place for
2-12 the appearance of the prospective juror for jury service, the
2-13 purpose for which he is to appear, and the penalty for his failure
2-14 to appear as required.
2-15 SECTION 3. Section 62.0141, Government Code, is amended to
2-16 read as follows:
2-17 Sec. 62.0141. FAILURE TO ANSWER JURY SUMMONS; FALSE CLAIM OF
2-18 EXEMPTION. In addition to any criminal penalty prescribed by law,
2-19 a person summoned for jury service <who does not comply with the
2-20 summons as required by law> is subject to a contempt action
2-21 punishable by a fine of not less than $100 nor more than $1,000 if
2-22 the person:
2-23 (1) does not comply with the summons as required by
2-24 law; or
2-25 (2) files a false claim of exemption from jury
2-26 service.
2-27 SECTION 4. The heading of Subchapter D, Chapter 62,
3-1 Government Code, is amended to read as follows:
3-2 SUBCHAPTER D. COUNTY COURT AND JUSTICE COURT JURIES
3-3 SECTION 5. Section 62.301, Government Code, is amended to
3-4 read as follows:
3-5 Sec. 62.301. NUMBER OF JURORS. The jury in the county
3-6 courts and in the justice courts is composed of six persons.
3-7 SECTION 6. Section 62.111 and Subchapter E, Chapter 62,
3-8 Government Code, are repealed.
3-9 SECTION 7. (a) This Act takes effect September 1, 1993.
3-10 (b) This Act applies only to justice court jury selection on
3-11 or after the effective date of this Act. A justice court jury that
3-12 was selected before the effective date of this Act is governed by
3-13 the law that existed at the time the jury was selected, and the
3-14 former law is continued in effect for this purpose.
3-15 (c) The change in law made by Section 3 of this Act applies
3-16 only to a claim of exemption from jury service filed on or after
3-17 the effective date of this Act. A claim of exemption from jury
3-18 service filed before the effective date of this Act is covered by
3-19 the law in effect when the claim of exemption was filed, and the
3-20 former law is continued in effect for this purpose.
3-21 SECTION 8. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.
3-26 COMMITTEE AMENDMENT NO. 1
3-27 Amend H.B. 392 as follows:
4-1 (1) Strike Section 3 of the bill and renumber the subsequent
4-2 sections appropriately.
4-3 (2) Strike Section 6 of the bill and substitute the
4-4 following:
4-5 SECTION 5. Subchapter E, Chapter 62, Government Code, is
4-6 repealed.
4-7 73R6959 MWV-D Thompson of Harris