By Chisum                                               H.B. No. 89
       74R488 MWV-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of driver's license records to compose a jury
    1-3  wheel.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 62.001, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 62.001.  JURY SOURCE; RECONSTITUTION OF JURY WHEEL.  (a)
    1-8  Each year not later than the third Tuesday in November or the date
    1-9  provided by Section 16.032, Election Code, for the cancellation of
   1-10  voter registrations, whichever is earlier, the county tax
   1-11  assessor-collector, sheriff, county clerk, and district clerk in
   1-12  each county shall meet at the county courthouse and shall
   1-13  reconstitute the jury wheel for the county.  Each official may be
   1-14  represented by a deputy.
   1-15        (b)  Except as provided by Subsection (c), the jury wheel
   1-16  must be reconstituted by using, as the source, the names of all
   1-17  persons on the current voter registration lists from all the
   1-18  precincts in the county.
   1-19        (c)  In a county in which the municipality with the largest
   1-20  population is located in more than one county, the jury wheel may,
   1-21  on approval of the commissioners court and a majority of the
   1-22  district judges having jurisdiction in the county, be reconstituted
   1-23  by using, as an additional source, all names on a current list to
   1-24  be furnished by the Department of Public Safety, showing the
    2-1  citizens of the county who hold a valid Texas driver's license.
    2-2  The county may contract with another governmental unit or a private
    2-3  person to combine the voter registration list with the list
    2-4  furnished by the Department of Public Safety.
    2-5        (d)  Notwithstanding Subsections (b) and (c), the names of
    2-6  persons listed on a register of persons exempt from jury service
    2-7  may not be placed in the jury wheel, as provided by Sections 62.108
    2-8  and 62.109.
    2-9        (e)  The Department of Public Safety may not charge a fee for
   2-10  furnishing a list under this section.
   2-11        (f)  Each list must contain the name and address of each
   2-12  person listed.  If practical, each list must contain the age and
   2-13  citizenship of each person and any other information useful in
   2-14  determining if the person is qualified to serve as a juror.  <The
   2-15  jury wheel must be reconstituted by using, as the source:>
   2-16              <(1)  the names of all persons on the current voter
   2-17  registration lists from all the precincts in the county; and>
   2-18              <(2)  all names on a current list to be furnished by
   2-19  the Department of Public Safety, showing the citizens of the county
   2-20  who hold a valid Texas driver's license and the citizens of the
   2-21  county, other than persons who are disqualified from jury service,
   2-22  who hold a valid personal identification card or certificate issued
   2-23  by the department.>
   2-24        <(b)  Notwithstanding Subsection (a), the names of persons
   2-25  listed on a register of persons exempt from jury service may not be
   2-26  placed in the jury wheel, as provided by Sections 62.108 and
   2-27  62.109.>
    3-1        <(c)  Each year not later than the third Tuesday in November
    3-2  or the date provided by Section 16.032, Election Code, for the
    3-3  cancellation of voter registrations, whichever is earlier, the
    3-4  voter registrar of each county shall furnish to the secretary of
    3-5  state a current voter registration list from all the precincts in
    3-6  the county that, except as provided by Subsection (d), includes:>
    3-7              <(1)  the complete name, mailing address, date of
    3-8  birth, voter registration number, and precinct number for each
    3-9  voter;>
   3-10              <(2)  if available, the Texas driver's license number
   3-11  or personal identification card or certificate number and social
   3-12  security number for each voter; and>
   3-13              <(3)  any other information included on the voter
   3-14  registration list of the county.>
   3-15        <(d)  The list required by Subsection (c) must exclude the
   3-16  names of convicted felons and the names of persons exempt from jury
   3-17  service under Sections 62.108 and 62.109.>
   3-18        <(e)  The voter registrar shall send a list of the names of
   3-19  persons excluded to the secretary of state with the list required
   3-20  by Subsection (c).>
   3-21        <(f)  The Department of Public Safety shall furnish a list to
   3-22  the secretary of state that shows the names required under
   3-23  Subsection (a)(2) and that contains any of the information
   3-24  enumerated in Subsection (c) that is available to the department,
   3-25  including citizenship status.  The department shall furnish the
   3-26  list on or before the first Monday in October of each year.>
   3-27        <(g)  The secretary of state shall accept the lists furnished
    4-1  as provided by Subsections (c) through (f).  The secretary of state
    4-2  shall combine the lists, eliminate duplicate names, and send the
    4-3  combined list to each county on or before December 31 of each year
    4-4  or as may be required under a plan developed in accordance with
    4-5  Section 62.011.  The district clerk of a county that has adopted a
    4-6  plan under Section 62.011 shall give the secretary of state notice
    4-7  not later than the 90th day before the date the list is required.
    4-8  The list furnished the county must be in a format, electronic or
    4-9  printed copy, as requested by the county and must be certified by
   4-10  the secretary of state stating that the list contains the names
   4-11  required by Subsections (c) through (f), eliminating duplications.
   4-12  The secretary of state shall furnish the list free of charge.>
   4-13        <(h)  If the secretary of state is unable to furnish the list
   4-14  as provided in this section because of the failure of the voter
   4-15  registrar to furnish the county voter registration list to the
   4-16  secretary of state, the county tax assessor-collector, sheriff,
   4-17  county clerk, and district clerk in the county shall meet at the
   4-18  county courthouse between January 1 and January 15 of the following
   4-19  year and shall reconstitute the jury wheel for the county, except
   4-20  as provided under a plan adopted under Section 62.011. The
   4-21  deadlines included in the plan control for preparing the list and
   4-22  reconstituting the wheel.  The secretary of state shall send the
   4-23  list furnished by the Department of Public Safety as provided by
   4-24  Subsection (f) to the voter registrar, who shall combine the lists
   4-25  as described in this section for use as the juror source and
   4-26  certify the combined list as required of the secretary of state
   4-27  under Subsection (g).>
    5-1        <(i)  In a county with a population of less than 105,000 in
    5-2  which the municipality with the largest population is located in
    5-3  more than one county, the commissioners court may, instead of using
    5-4  the method provided by Subsections (c) through (h), contract with
    5-5  another governmental unit or a private person to combine the voter
    5-6  registration list with the list furnished by the Department of
    5-7  Public Safety.  Subsections (c) through (h) do not apply to a
    5-8  county in which the commissioners court has contracted with another
    5-9  governmental unit or a private person under this subsection.  The
   5-10  Department of Public Safety may not charge a fee for furnishing a
   5-11  list under this subsection.  Each list must contain the name and
   5-12  address of each person listed.   If practical, each list must
   5-13  contain the age and citizenship of each person and any other
   5-14  information useful in determining if the person is qualified to
   5-15  serve as a juror.>
   5-16        SECTION 2.  Section 62.011(d), Government Code, is repealed.
   5-17        SECTION 3.  Section 62.1031, Government Code, is repealed.
   5-18        SECTION 4.  (a)  This Act takes effect September 1, 1995.
   5-19        (b)  The changes in the law made by this Act relating to jury
   5-20  service apply only to persons summoned to appear for jury service
   5-21  after a jury wheel has been constituted for the county under
   5-22  Chapter 62, Government Code, as amended by this Act.  A jury wheel
   5-23  constituted before the effective date of this Act may be used until
   5-24  reconstitution of the jury wheel under Chapter 62, Government Code,
   5-25  as amended by this Act.
   5-26        SECTION 5.  The importance of this legislation and the
   5-27  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended.