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.