SRC-JXG C.S.H.B. 82 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 82
76R14894 JMC-FBy: Solomons (Ellis)
Jurisprudence
5/10/1999
Committee Report (Substituted)


DIGEST 

Some citizens of a county are called upon several times within a year to
serve on a jury.  Others are not called upon for several years.  C.S.H.B.
82 would authorize the Texas Department of Public Safety to remove certain
names from a list used to reconstitute the jury wheel and to require
certain information from applicants. 

PURPOSE

As proposed, C.S.H.B. 82 authorizes the Texas Department of Public Safety
to remove certain names from a list used to reconstitute the jury wheel. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 62.001, Government Code, by amending Subsections
(f) and (i), and adding Subsection (j), as follows: 

(f) Requires the list to exclude the names of convicted felons, persons who
are not citizens of the United States, persons residing outside the county,
and the duplicate name of any registrant.  Requires the Texas Department of
Public Safety (DPS) to furnish the list to the secretary of state on or
before the first Monday in October of each  year and to furnish an updated
list at least as often as quarterly to a district clerk who requests that
information from DPS.  Makes a conforming change.  

(i) Requires each list to contain the name, date of birth, address, county
of residence, and citizenship status of each person listed.  Deletes text
regarding the age and citizenship of each person.  Makes a nonsubstantive
change. 

(j) Requires the names of persons who are summoned for jury service in the
county and who appear for service to be removed from the jury wheel and may
not be maintained in the jury wheel until the third anniversary of the date
the person appeared for service or until the next date the jury wheel is
reconstituted, whichever date occurs earlier, in a county with a population
of 250,000 or more, notwithstanding Subsection (a).  Provides that this
subsection applies regardless of whether the person served on a jury as a
result of the summons.  

SECTION 2. Amends Section 62.106, Government Code, to authorize a person
qualified to serve as a petit juror to establish an exemption from jury
service if the person is summoned for service in a county with a population
of at least 250,000 and the person has served as a petit juror in the
county during the three-year period preceding the date the person is to
appear for jury service, except as provided by Subsection (b).  Provides
that Subsection (a)(8) does not apply if the jury wheel in the county has
been reconstituted after the date the person served as a petit juror.
Deletes text regarding children.  Makes conforming and nonsubstantive
changes. 

SECTION 3. Amends Section 521.142(c), Transportation Code, to require the
applicant to state whether the applicant is a citizen of the United States,
and the county of residence of the applicant.  Makes a conforming and
nonsubstantive change. 

SECTION 4. Amends Section 521.1425, Transportation Code, to authorize DPS
to require each applicant for an original, renewal, or duplicate driver's
license to furnish to DPS the information required by Section 521.142,
except as provided by Subsection (b).  Requires DPS to require each
applicant for an original, renewal, or duplicate driver's license to
furnish to DPS the information required by Sections 521.142(c)(7) and (8). 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Emergency clause.






SUMMARY OF COMMITTEE CHANGES

Relating clause. 

Amends the relating clause to relating to the method by which a county
reconstitutes the jury wheel, to the duty of Department of Public Safety to
remove certain names from a list used to reconstitute the jury wheel, and
to the selection and service of jurors in certain counties.  

SECTION 1.

Adds Section 62.001(f), Government Code, to require the list to exclude the
names of convicted felons, persons who are not citizens of the United
States, persons residing outside the county, and the duplicate name of any
registrant.  Requires the DPS to furnish the list to the secretary of state
on or before the first Monday in October of each  year and to furnish an
updated list at least as often as quarterly to a district clerk who
requests that information from DPS.  Makes a conforming change. 
 
Amends Section 62.001(i), Government Code, to require each list to contain
the name, date of birth, address, county of residence, and citizenship
status of each person listed.  Deletes text regarding the age and
citizenship of each person.  Makes a nonsubstantive change. 

SECTION 3.

Add Section 521.142(c), Transportation Code, to require the applicant to
state whether the applicant is a citizen of the United States, and the
county of residence of the applicant. Redesignates the effective date of
September 1, 1999 to SECTION 5. 
 
SECTION 4.

Adds Section 521.1425, Transportation Code, to authorize DPS to require
each applicant for an original, renewal, or duplicate driver's license to
furnish to DPS the information required by Section 521.142, except as
provided by Subsection (b).  Requires DPS to require each applicant for an
original, renewal, or duplicate driver's license to furnish to DPS the
information required by Sections 521.142(c)(7) and (8).  Redesignates the
prospective clause to SECTION 6. 

SECTION 5.

 Adds the effective date of September 1, 1999.
 
 SECTION 6.

 Adds the prospective clause.

SECTION 7.

 Adds the emergency clause.