AN ACT
1-1 relating to the exemption of certain persons from jury service.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 62.106, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 62.106. EXEMPTION FROM JURY SERVICE. A person
1-6 qualified to serve as a petit juror may establish an exemption from
1-7 jury service if the person [he]:
1-8 (1) is over 70 [65] years of age;
1-9 (2) has legal custody of a child or children younger
1-10 than 10 years of age and the person's [his] service on the jury
1-11 requires leaving the child or children without adequate
1-12 supervision;
1-13 (3) is a student of a public or private secondary
1-14 school;
1-15 (4) is a person enrolled and in actual attendance at
1-16 an institution of higher education;
1-17 (5) is an officer or an employee of the senate, the
1-18 house of representatives, or any department, commission, board,
1-19 office, or other agency in the legislative branch of state
1-20 government;
1-21 (6) is summoned for service in a county with a
1-22 population of at least 200,000, unless that county uses a jury plan
1-23 under Section 62.011 and the period authorized under Section
2-1 62.011(b)(5) [62.011(b)(6)] exceeds two years, and the person [he]
2-2 has served as a petit juror in the county during the 24-month
2-3 period preceding the date the person [he] is to appear for jury
2-4 service; or
2-5 (7) is the primary caretaker of a person who is an
2-6 invalid unable to care for himself.
2-7 SECTION 2. Subsection (c), Section 62.107, Government Code,
2-8 is amended to read as follows:
2-9 (c) A person who files a statement with a clerk of the
2-10 court, as provided by Subsection (a), claiming an exemption because
2-11 the person [he] is over 70 [65] years of age, may also claim the
2-12 permanent exemption on that ground authorized by Section 62.108 by
2-13 including in the statement filed with the clerk a declaration that
2-14 the person [he] desires the permanent exemption. Promptly after a
2-15 statement claiming a permanent exemption on the basis of age is
2-16 filed, the clerk of the court with whom it is filed shall have a
2-17 copy delivered to the county tax assessor-collector.
2-18 SECTION 3. Section 62.108, Government Code, is amended to
2-19 read as follows:
2-20 Sec. 62.108. PERMANENT EXEMPTION FOR ELDERLY. (a) A person
2-21 who is entitled to exemption from jury service because the person
2-22 [he] is over 70 [65] years of age may establish a permanent
2-23 exemption on that ground as provided by this section or Section
2-24 62.107.
2-25 (b) A person may claim a permanent exemption:
3-1 (1) by filing with the county tax assessor-collector,
3-2 by mail or personal delivery, a signed statement affirming that the
3-3 person [he] is over 70 [65] years of age and desires a permanent
3-4 exemption on that ground; or
3-5 (2) in the manner provided by Section 62.107(c).
3-6 (c) The county tax assessor-collector shall maintain a
3-7 current register indicating the name of each person who has claimed
3-8 and is entitled to a permanent exemption from jury service because
3-9 the person [he] is over 70 [65] years of age.
3-10 (d) The name of a person on the register of persons
3-11 permanently exempt from jury service may not be placed in the jury
3-12 wheel or otherwise used in preparing the record of names from which
3-13 a jury is selected.
3-14 (e) A person who has claimed a permanent exemption from jury
3-15 service because the person [he] is over 70 [65] years of age may
3-16 rescind the exemption at any time by filing a signed request for
3-17 the rescission with the county tax assessor-collector. Rescission
3-18 of a permanent exemption does not affect the [person's] right of a
3-19 person who is over 70 years of age to claim permanent exemption at
3-20 a later time.
3-21 SECTION 4. This Act takes effect September 1, 1997, and
3-22 applies only to an exemption from jury service for persons summoned
3-23 to appear for service who are summoned on or after that date. An
3-24 exemption from jury service for persons summoned to appear for
3-25 service who are summoned before the effective date of this Act is
4-1 covered by the law in effect when the person was summoned, and that
4-2 law is continued in effect for that purpose.
4-3 SECTION 5. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 551 passed the Senate on
March 13, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 551 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor