By Solomons                                            H.B. No. 236

      75R803 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to reimbursement for mileage traveled by jurors.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 61.001, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 61.001.  REIMBURSEMENT OF EXPENSES OF JURORS.  (a) Each

 1-7     grand juror or petit juror in a civil or criminal case in a

 1-8     district court, criminal district court, county court, county court

 1-9     at law, or justice court is entitled to receive as reimbursement

1-10     for travel and other expenses an amount not less than $6 nor more

1-11     than $30 for each day or fraction of each day served as a juror.

1-12           (b)  A person who responds to the process of a court but is

1-13     excused from petit jury service by the court for any cause after

1-14     his voir dire examination is entitled to receive as reimbursement

1-15     for travel and other expenses an amount not less than $6 nor more

1-16     than $30 for each day or fraction of each day in attendance in

1-17     court in response to the process.

1-18           (c)  In addition to the amount provided by Subsection (a) or

1-19     (b), a person who is required to appear at the time and  place for

1-20     appearance stated in the jury summons and is then required to

1-21     travel more than 10 miles on the same day to the location where the

1-22     proceedings are held is entitled to receive a mileage reimbursement

1-23     at a rate not to exceed the rate of mileage reimbursement for state

1-24     employees provided by the General Appropriations Act.

 2-1           (d) [(c)]  The commissioners court of each county shall

 2-2     determine annually the daily and mileage reimbursement of expenses

 2-3     for jurors.  The reimbursement must be within the minimum and

 2-4     maximum amounts prescribed by this section and paid out of the jury

 2-5     fund of the county.

 2-6           (e) [(d)]  A check drawn on the jury fund by the district

 2-7     clerk of the county may be transferred by endorsement and delivery

 2-8     and is receivable at par from the holder for all county taxes.

 2-9           (f) [(e)]  A reimbursement for expenses under this section is

2-10     not a property right of a juror or prospective juror for purposes

2-11     of Chapters 72 and 74, Property Code.  If a check or other

2-12     instrument representing a reimbursement under this section is not

2-13     presented for payment or redeemed before the 90th day after it is

2-14     issued:

2-15                 (1)  the instrument is considered forfeited and is

2-16     void; and

2-17                 (2)  the money represented by the instrument may be

2-18     placed in the county's jury fund, the county's general fund, or any

2-19     other fund in which county funds can be legally placed, at the

2-20     discretion of the commissioners court.

2-21           SECTION 2.  Section 30.010(c), Government Code, is amended to

2-22     read as follows:

2-23           (c)  The governing body of the city shall establish

2-24     procedures for summoning and impaneling jury panels for the courts

2-25     and for the reimbursement [compensation] of the expenses of jurors.

2-26     A juror who serves in a municipal court of record is entitled to

2-27     the same reimbursement [compensation] for each day or portion of a

 3-1     day served as provided for other jurors of Lubbock County under

 3-2     Section 61.001.

 3-3           SECTION 3.  This Act takes effect September 1, 1997, and

 3-4     applies only to a person serving on a jury under a summons issued

 3-5     on or after that date or responding to a jury summons issued on or

 3-6     after that date.

 3-7           SECTION 4.  The importance of this legislation and the

 3-8     crowded condition of the calendars in both houses create an

 3-9     emergency and an imperative public necessity that the

3-10     constitutional rule requiring bills to be read on three several

3-11     days in each house be suspended, and this rule is hereby suspended.