1-1  By:  Luna                                              S.B. No. 264
    1-2        (In the Senate - Filed January 18, 1995; January 23, 1995,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  March 16, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; March 16, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 264                     By:  Luna
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to jury service by deaf or hard of hearing persons.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 62.1041, Government Code, is amended to
   1-13  read as follows:
   1-14        Sec. 62.1041.  DEAF OR HARD OF HEARING JUROR
   1-15  <DISQUALIFICATION FOR DEAFNESS>.  (a)  A deaf or hard of hearing
   1-16  person is not disqualified to serve as a juror solely because of
   1-17  hearing loss <deafness> except as provided by this section.
   1-18        (b)  A deaf or hard of hearing person is disqualified to
   1-19  serve as a juror if, in the opinion of the court, his hearing loss
   1-20  <deafness> renders him unfit to serve as a juror in that particular
   1-21  case.
   1-22        (c)  A deaf or hard of hearing person serving as a juror
   1-23  shall be reasonably accommodated in accordance with the Americans
   1-24  with Disabilities Act (42 U.S.C. Section 12101 et seq.).  An
   1-25  interpreter who is assisting a deaf or hard of hearing person
   1-26  serving as a juror may accompany the juror during all proceedings
   1-27  and deliberations in the case.
   1-28        (d)  If an interpreter is provided to a deaf or hard of
   1-29  hearing person serving as a juror in a district, county, or justice
   1-30  court, the county shall pay the cost of obtaining those services.
   1-31        (e)  A deaf or hard of hearing juror may request an auxiliary
   1-32  aid or service for a municipal court proceeding.  The city shall
   1-33  honor the request unless the city can demonstrate that another
   1-34  effective means of communication exists.  The city shall pay the
   1-35  cost unless the auxiliary aid or service will result in a
   1-36  fundamental alteration of the municipal court proceeding or in
   1-37  undue financial or administrative burdens.
   1-38        (f)  In this section, "deaf or hard of hearing" means having
   1-39  a hearing impairment, regardless of the existence of a speech
   1-40  impairment, that inhibits comprehension of an examination or
   1-41  proceeding or communication with others <person" has the meaning
   1-42  given by Section 21.001, Civil Practice and Remedies Code>.
   1-43        SECTION 2.  This Act takes effect September 1, 1995, and
   1-44  applies only to persons summoned to appear for jury service or
   1-45  selected for jury service on or after that date.
   1-46        SECTION 3.  The importance of this legislation and the
   1-47  crowded condition of the calendars in both houses create an
   1-48  emergency and an imperative public necessity that the
   1-49  constitutional rule requiring bills to be read on three several
   1-50  days in each house be suspended, and this rule is hereby suspended.
   1-51                               * * * * *