BILL ANALYSIS



H.B. 1388
By: Saunders
5-2-95
Committee Report (Unamended)


BACKGROUND

     Section 62.011(b)(5), Government Code, requires that the names
and addresses of persons summoned to begin jury service shall be
filed with the county clerk.  This provision is in conflict with
Article 35.29, Code of Criminal Procedure, which specifies that
personal information about jurors, including their addresses, is
confidential and may not be disclosed.  After filing a copy of any
such list with the county clerk's office, the list becomes a public
record.  Any putative benefits of making such lists public are
outweighed by the need to afford protection and confidentiality to
jurors who have given service to the jury system.  Further, Article
35.29, Code of Criminal Procedure, already provides a means for the
court to release such information, upon a showing of good cause.


PURPOSE

     H.B. 1388 would resolve an existing contradiction in Texas
state law by eliminating the requirement that lists of names and
addresses of persons summoned to jury duty be filed with the county
clerk, allowing to stand the requirement that personal information
about jurors be kept confidential.  


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency, or institution.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Section 62.011(b), Government Code, by
deleting subsection (5), the requirement for filing with the county
clerk the names and addresses of persons summoned for jury duty.

     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on February 15, 1995, the
Committee on Judicial Affairs met in a public hearing on February
21, 1995.  The Chair referred H.B. 1388 directly to the
Subcommittee on Juries.  The subcommittee members were Reps. Solis
(Chair), Goodman and Zbranek.
     Pursuant to suspension of the five-day posting rule on April
25, 1995, while the House was still in session, the Subcommittee on
Juries met in a public hearing on April 27, 1995, to consider H.B.
1388.  The Chair, Rep. Solis, laid out H.B. 1388 and recognized
Rep. Goodman to explain the bill.  Williamson County District Clerk
Bonnie Wolbrueck, representing herself and the County and District
Clerks' Association, testified for H.B. 1388.  There were no other
witnesses.  Without objection, the Chair moved to leave H.B. 1388
pending before the subcommittee.
     Pursuant to a public notice posted on April 27, 1995, the
Committee on Judicial Affairs met in a public hearing on May 2,
1995.  Without objection, the Chair recalled H.B. 1388 from
subcommittee and explained the bill.  The Chair recognized Rep.
Solis for further explanation.  There were no witnesses.  Rep.
Solis moved to report H.B. 1388 favorably back to the full House,
without amendment, with the recommendation that it do pass, be
printed and sent to the Committee on Local and Consent Calendars. 
The motion prevailed by the following record vote:  5 ayes, 0 nays,
0 PNV and 4 absent.