BILL ANALYSIS



H.B. 2951
By: Kamel
C.S.H.B. 2951
By: Hartnett
5-2-95
Committee Report (Substituted)


BACKGROUND

     Article 34.01, Code of Criminal Procedure, provides that jury
panels for criminal cases be selected in the same manner as the
selection of panels for civil cases.  However, Article 34.01, Code
of Criminal Procedure, does not explicitly allow for electronic
summoning of a special venire jury in a capital case.


PURPOSE

     This bill will allow counties to use electronic jury selection
and summoning in special venire cases.


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 Article 34.05 to the Code of Criminal Procedure
to allow counties to use electronic jury selection and summoning in
special venire cases.

     SECTION 2.  Effective date.

     SECTION 3.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     Section 1 in the original bill amended Code of Crim. Proc.
art. 34.01.  Section 1 in the substitute adds a new Article 34.05
to the Code of Criminal Procedure.
     Sections 2 and 3 are the same in both versions.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on March 15, 1995, the
Committee on Judicial Affairs met in a public hearing on March 21,
1995.  The Chair referred House Bill 2951 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.
2951.  The Chair laid out H.B. 2951 and recognized the author, Rep.
Kamel, to explain the bill.  Williamson County District Clerk
Bobbie Wolbrueck, representing herself and the County and District
Clerks' Association, testified for H.B. 2951.  There were no other
witnesses.  Without objection, the Chair moved to leave H.B. 2951
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.  The Chair recognized Rep. Hartnett for a motion.  Rep.
Hartnett moved to recall H.B. 2951 from subcommittee.  There being
no objection, the Chair recalled H.B. 2951 from subcommittee.  The
Chair laid out H.B. 2951 and recognized Rep. Hartnett to explain
the bill.  Rep. Hartnett offered a complete committee substitute
for H.B. 2951.  There being no objection, the Chair laid out
C.S.H.B. 2951 and recognized Rep. Solis to explain the substitute. 
The Chair moved adoption of the substitute.  There being no
objection, the substitute was adopted.  Rep. Hartnett moved to
report H.B. 2951 favorably back to the full House, as substituted,
with the recommendation that it do pass, be printed and sent to the
Local and Consent Calendars Committee.  The motion prevailed by the
following record vote:  5 ayes, 0 nays, 0 PNV and 4 absent.