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 * * * * *