BILL ANALYSIS



H.B. 2098
By: Thompson
3-21-95
Committee Report (Amended)


BACKGROUND

     In many counties with multiple justices of the peace, the
courts of these justices are spread throughout the county.  The
fact that these courts are not at the county courthouse where
potential jurors are processed often makes it difficult or
impractical for these courts to get juries rapidly as is often
required in these courts.  Last session, the previous provisions
for justice courts to obtain jurors was repealed.


PURPOSE

     This bill would allow a justice court to summon jurors in the
same manner jurors are summoned for criminal cases under Section
45.25, Code of Criminal Procedure.


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 adds new Subchapter E, JUSTICE COURT JURIES, to
Chapter 62 of the Government Code.
                Sec. 62.411. Justice Court Juries.
           Subsection (a) provides that in addition to other
     methods of jury selection available to a justice court, that
     a justice of the peace may issue a writ commanding the proper
     officer to immediately summon a panel from which six qualified
     jurors may be selected if:
               (1) a jury court is pending for trial at a term of
     the court; or
               (2) the court lacks a sufficient number of
     prospective jurors.
           Subsec. (b) requires empaneled jurors to remain in
     attendance until discharged, and provides that the empaneled
     jurors may serve on any case before the court.

     SECTION 2. Effective date.  Application of the Act.

     SECTION 3.  Emergency Clause.


EXPLANATION OF AMENDMENT

     Committee Amendment No. 1 substitutes "sheriff or constable"
for "proper officer" as the person to whom a writ to summon a
venire shall be directed.

SUMMARY OF COMMITTEE ACTION

     During a public hearing on March 14, 1995, posted in
accordance with House rules, House Bill 2098 was referred directly
by the Chair to the Subcommittee on Juries.  The members of the
subcommittee were Reps. Solis (Chair), Goodman, and Zbranek.
     Pursuant to a public notice posted March 15, 1995, in
accordance with House rules, the Committee on Judicial Affairs met
in a public hearing on March 21, 1995, to consider House Bill 2098. 
The Chair recalled H.B. 2098 from subcommittee and laid out the
bill. The Chair, Rep. Hartnett, recognized the author, Rep.
Thompson, to explain the bill.  Bob Wessels, representing Harris
County Justice Courts Presiding Judge Tony Polumbo, testified for
the bill.  Tarrant County Justice of the Peace, Sandy Prindle,
representing the Texas Justice of the Peace Association, testified
neutrally on the bill.  There were no other witnesses.  
     Rep. Solis offered up Committee Amendment No. 1 and explained
the amendment.  The Chair moved adoption of the amendment; there
being no objection, the amendment was adopted.  Rep. Solis moved to
report H.B. 2098 back to the full House favorably, as amended, with
the recommendation that it do pass, be printed and sent to the
Committee on Calendars.  The motion prevailed by the following
record vote:  6 ayes, 0 nays, 0 PNV and 3 absent.