1-1 By: Barrientos S.B. No. 1083 1-2 (In the Senate - Filed March 10, 1997; March 12, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 March 25, 1997, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; March 25, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the drawing of names of prospective jurors. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subsections (a), (b), (c), and (d), Section 1-11 62.004, Government Code, are amended to read as follows: 1-12 (a) The county clerk and the sheriff of the county shall 1-13 draw the names of the prospective jurors for a county court from 1-14 the jury wheel in the presence and under the direction of the 1-15 county judge. The district clerk and the sheriff or any constable 1-16 of the county shall draw the names of the prospective jurors for a 1-17 justice or a district court from the jury wheel in the presence and 1-18 under the direction of the district judge. 1-19 (b) The county or district clerk and the sheriff or 1-20 constable shall draw the names of prospective jurors from the jury 1-21 wheel after the wheel has been turned to thoroughly mix the jury 1-22 wheel cards and shall draw the names one by one if so directed by 1-23 the judge in whose presence the names are drawn. The names of 1-24 prospective jurors shall be drawn at least 10 days before the first 1-25 day of the term of court. 1-26 (c) The county or district clerk and the sheriff or 1-27 constable shall draw as many jury lists as are required for the 1-28 term of court. They shall record the names that are drawn on as 1-29 many lists as the judge in whose presence the names are drawn 1-30 considers necessary to ensure an adequate number of jurors for the 1-31 term. 1-32 (d) A deputy may represent the county or district clerk or 1-33 the sheriff or constable at the drawing. Other persons may be 1-34 present only as provided by this subchapter. 1-35 SECTION 2. Subsection (b), Section 62.015, Government Code, 1-36 is amended to read as follows: 1-37 (b) If the court at any time does not have a sufficient 1-38 number of prospective jurors present whose names are on the jury 1-39 lists and who are not excused by the judge from jury service, the 1-40 judge shall order the sheriff or constable to summon additional 1-41 prospective jurors to provide the requisite number of jurors for 1-42 the panel. The names of additional jurors to be summoned by the 1-43 sheriff or constable to fill a jury panel shall be drawn from the 1-44 jury wheel under orders of the judge. Additional jurors summoned 1-45 to fill a jury panel shall be discharged when their services are no 1-46 longer required. 1-47 SECTION 3. The importance of this legislation and the 1-48 crowded condition of the calendars in both houses create an 1-49 emergency and an imperative public necessity that the 1-50 constitutional rule requiring bills to be read on three several 1-51 days in each house be suspended, and this rule is hereby suspended, 1-52 and that this Act take effect and be in force from and after its 1-53 passage, and it is so enacted. 1-54 * * * * *