BILL ANALYSIS

Judicial Affairs Committee

By: Luna (Van de Putte)
May 9, 1995
Committee Report (Unamended)

BACKGROUND

     Currently, deaf and hard of hearing persons, although allowed
to serve as jurors, are not provided interpreters.

PURPOSE

     This bill sets forth provisions for the appointment of an
interpreter to assist a deaf or hearing impaired juror.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

     SECTION 1 amends Section 62.1041, Government Code, as follows:
           Sec. 62.1041.  New title:  DEAF OR HARD OF HEARING JUROR. 
     (a) Provides that a deaf or hard of hearing person is not
     disqualified to serve as a juror solely because of hearing
     loss except as provided by this section.
           Subsec. (b) makes conforming changes.
           Subsec. (c) requires a deaf or hard of hearing person
       serving as a juror to be accommodated in accordance with the
       federal Americans with Disabilities Act.  Authorizes an
       interpreter who is assisting the person to accompany the
       juror during all proceedings and deliberations in the case.
           Subsec. (d) Requires the county to pay the cost of
       obtaining the services of an interpreter to assist a deaf or
       hard of hearing juror in a district, county, or justice
       court.
           Subsec. (e) authorizes a deaf or hard of hearing juror
       to request an auxiliary aid or service for a municipal court
       proceeding.  Requires the city to honor the request, with an
       exception.  Requires the city to pay the cost unless the
       auxiliary aid or service will result in a fundamental
       alteration of the municipal court proceeding or in undue
       financial or administrative burdens.
           Subsec. (f) defines "deaf or hard of hearing."
     SECTION 2.  Effective date.  Application of act.

     SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on May 8, 1995 and pursuant
to an announcement made on May 9, 1995, while the House was still
in session, the Committee on Judicial Affairs met in a formal
meeting on May 9, 1995.  Without objection, the Chair laid out S.B.
264, which was left pending at the committee's May 2nd meeting, and
explained.  Rep. Goodman moved that S.B. 264 be reported back to
the full House with the recommendation that it do pass, be printed
and sent to the Local & Consent Calendars Committee.  The motion
prevailed by the following record vote:  7 ayes, 0 nays, 0 PNV and
2 absent.