S.B. No. 264
AN ACT
1-1 relating to jury service by deaf or hard of hearing persons.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 62.1041, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 62.1041. DEAF OR HARD OF HEARING JUROR
1-6 <DISQUALIFICATION FOR DEAFNESS>. (a) A deaf or hard of hearing
1-7 person is not disqualified to serve as a juror solely because of
1-8 hearing loss <deafness> except as provided by this section.
1-9 (b) A deaf or hard of hearing person is disqualified to
1-10 serve as a juror if, in the opinion of the court, his hearing loss
1-11 <deafness> renders him unfit to serve as a juror in that particular
1-12 case.
1-13 (c) A deaf or hard of hearing person serving as a juror
1-14 shall be reasonably accommodated in accordance with the Americans
1-15 with Disabilities Act (42 U.S.C. Section 12101 et seq.). An
1-16 interpreter who is assisting a deaf or hard of hearing person
1-17 serving as a juror may accompany the juror during all proceedings
1-18 and deliberations in the case.
1-19 (d) If an interpreter is provided to a deaf or hard of
1-20 hearing person serving as a juror in a district, county, or justice
1-21 court, the county shall pay the cost of obtaining those services.
1-22 (e) A deaf or hard of hearing juror may request an auxiliary
1-23 aid or service for a municipal court proceeding. The city shall
1-24 honor the request unless the city can demonstrate that another
2-1 effective means of communication exists. The city shall pay the
2-2 cost unless the auxiliary aid or service will result in a
2-3 fundamental alteration of the municipal court proceeding or in
2-4 undue financial or administrative burdens.
2-5 (f) In this section, "deaf or hard of hearing" means having
2-6 a hearing impairment, regardless of the existence of a speech
2-7 impairment, that inhibits comprehension of an examination or
2-8 proceeding or communication with others <person" has the meaning
2-9 given by Section 21.001, Civil Practice and Remedies Code>.
2-10 SECTION 2. This Act takes effect September 1, 1995, and
2-11 applies only to persons summoned to appear for jury service or
2-12 selected for jury service on or after that date.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.