1-1 By: Linebarger (Senate Sponsor - Armbrister) H.B. No. 392
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to justice court juries.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 62.012(b), Government Code, is amended to
1-20 read as follows:
1-21 (b) On receiving the notice from the judge, the clerk shall
1-22 immediately write on the jury list the date that the prospective
1-23 jurors are to be summoned to appear and shall deliver the jury list
1-24 to:
1-25 (1) the sheriff, for a county or district court jury;
1-26 or
1-27 (2) the sheriff or constable, for a justice court
1-28 jury.
1-29 SECTION 2. Section 62.013, Government Code, is amended to
1-30 read as follows:
1-31 Sec. 62.013. SUMMONS FOR JURY SERVICE BY SHERIFF OR
1-32 CONSTABLE <SHERIFFS>. (a) Except as provided by Section 62.014,
1-33 the sheriff or constable, on receipt of a jury list from a county
1-34 or district clerk, shall immediately notify the persons whose names
1-35 are on the list to appear for jury service on the date designated
1-36 by the judge.
1-37 (b) The sheriff or constable shall notify each prospective
1-38 juror to appear for jury service:
1-39 (1) by an oral summons; or
1-40 (2) if the judge ordering the summons so directs, by a
1-41 written summons sent by registered mail or certified mail, return
1-42 receipt requested, or by first class mail to the address on the
1-43 jury wheel card or the address on the current voter registration
1-44 list of the county.
1-45 (c) Delivery of a written summons is sufficient if the mail
1-46 containing the summons is received by a person authorized by the
1-47 United States Postal Service to receive it.
1-48 (d) The content of an oral or written summons to appear for
1-49 jury service is sufficient if it includes the time and place for
1-50 the appearance of the prospective juror for jury service, the
1-51 purpose for which he is to appear, and the penalty for his failure
1-52 to appear as required.
1-53 SECTION 3. The heading of Subchapter D, Chapter 62,
1-54 Government Code, is amended to read as follows:
1-55 SUBCHAPTER D. COUNTY COURT AND JUSTICE COURT JURIES
1-56 SECTION 4. Section 62.301, Government Code, is amended to
1-57 read as follows:
1-58 Sec. 62.301. NUMBER OF JURORS. The jury in the county
1-59 courts and in the justice courts is composed of six persons.
1-60 SECTION 5. Subchapter E, Chapter 62, Government Code, is
1-61 repealed.
1-62 SECTION 6. (a) This Act takes effect September 1, 1993.
1-63 (b) This Act applies only to justice court jury selection on
1-64 or after the effective date of this Act. A justice court jury that
1-65 was selected before the effective date of this Act is governed by
1-66 the law that existed at the time the jury was selected, and the
1-67 former law is continued in effect for this purpose.
1-68 SECTION 7. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 May 11, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Jurisprudence to which was referred H.B.
2-13 No. 392, have had the same under consideration, and I am instructed
2-14 to report it back to the Senate with the recommendation that it do
2-15 pass and be printed.
2-16 Henderson,
2-17 Chairman
2-18 * * * * *
2-19 WITNESSES
2-20 FOR AGAINST ON
2-21 ___________________________________________________________________
2-22 Name: John H. Williams x
2-23 Representing: Jp & Const. Assoc.
2-24 City: Robstown
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2-26 Name: Bill Freeman x
2-27 Representing: Jp & Const. Assoc.
2-28 City: Gainesville
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