By Rhodes                                        H.B. No. 985

      75R4797 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the drawing of names of prospective jurors.

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

 1-4           SECTION 1.  Sections 62.004(a)-(d), Government Code, are

 1-5     amended to read as follows:

 1-6           (a)  The county clerk and the sheriff of the county shall

 1-7     draw the names of the prospective jurors for a county court from

 1-8     the jury wheel in the presence and under the direction of the

 1-9     county judge.  The district clerk and the sheriff or any constable

1-10     of the county shall draw the names of the prospective jurors for a

1-11     justice or a district court from the jury wheel in the presence and

1-12     under the direction of the district judge.

1-13           (b)  The county or district clerk and the sheriff or

1-14     constable shall draw the names of prospective jurors from the jury

1-15     wheel after the wheel has been turned to thoroughly mix the jury

1-16     wheel cards and shall draw the names one by one if so directed by

1-17     the judge in whose presence the names are drawn.  The names of

1-18     prospective jurors shall be drawn at least 10 days before the first

1-19     day of the term of court.

1-20           (c)  The county or district clerk and the sheriff or

1-21     constable shall draw as many jury lists as are required for the

1-22     term of court.  They shall record the names that are drawn on as

1-23     many lists as the judge in whose presence the names are drawn

1-24     considers necessary to ensure an adequate number of jurors for the

 2-1     term.

 2-2           (d)  A deputy may represent the county or district clerk or

 2-3     the sheriff or constable at the drawing.  Other persons may be

 2-4     present only as provided by this subchapter.

 2-5           SECTION 2.  Section 62.015(b), Government Code, is amended to

 2-6     read as follows:

 2-7           (b)  If the court at any time does not have a sufficient

 2-8     number of prospective jurors present whose names are on the jury

 2-9     lists and who are not excused by the judge from jury service, the

2-10     judge shall order the sheriff or constable to summon additional

2-11     prospective jurors to provide the requisite number of jurors for

2-12     the panel.  The names of additional jurors to be summoned by the

2-13     sheriff or constable to fill a jury panel shall be drawn from the

2-14     jury wheel under orders  of the judge.  Additional jurors summoned

2-15     to fill a jury panel shall be discharged when their services are no

2-16     longer required.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended,

2-22     and that this Act take effect and be in force from and after its

2-23     passage, and it is so enacted.