By Solomons H.B. No. 82
76R7040 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the method by which a county reconstitutes the jury
1-3 wheel and to the selection and service of jurors in certain
1-4 counties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 62.001, Government Code, is amended by
1-7 amending Subsection (i) and adding Subsection (j) to read as
1-8 follows:
1-9 (i) The [In a county with a population of less than 105,000
1-10 in which the municipality with the largest population is located in
1-11 more than one county, the] commissioners court may, instead of
1-12 using the method provided by Subsections (c) through (h), contract
1-13 with another governmental unit or a private person to combine the
1-14 voter registration list with the list furnished by the Department
1-15 of Public Safety. Subsections (c) through (h) do not apply to a
1-16 county in which the commissioners court has contracted with another
1-17 governmental unit or a private person under this subsection. The
1-18 Department of Public Safety may not charge a fee for furnishing a
1-19 list under this subsection. Each list must contain the name and
1-20 address of each person listed. If practical, each list must
1-21 contain the age and citizenship of each person and any other
1-22 information useful in determining if the person is qualified to
1-23 serve as a juror.
1-24 (j) Notwithstanding Subsection (a), in a county with a
2-1 population of 250,000 or more, the names of persons who are
2-2 summoned for jury service in the county and who appear for service
2-3 must be removed from the jury wheel and may not be maintained in
2-4 the jury wheel until the third anniversary of the date the person
2-5 appeared for service or until the next date the jury wheel is
2-6 reconstituted, whichever date occurs earlier. This subsection
2-7 applies regardless of whether the person served on a jury as a
2-8 result of the summons.
2-9 SECTION 2. Section 62.106, Government Code, is amended to
2-10 read as follows:
2-11 Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person
2-12 qualified to serve as a petit juror may establish an exemption from
2-13 jury service if the person:
2-14 (1) is over 70 years of age;
2-15 (2) has legal custody of a child [or children] younger
2-16 than 10 years of age and the person's service on the jury requires
2-17 leaving the child [or children] without adequate supervision;
2-18 (3) is a student of a public or private secondary
2-19 school;
2-20 (4) is a person enrolled and in actual attendance at
2-21 an institution of higher education;
2-22 (5) is an officer or an employee of the senate, the
2-23 house of representatives, or any department, commission, board,
2-24 office, or other agency in the legislative branch of state
2-25 government;
2-26 (6) is summoned for service in a county with a
2-27 population of at least 200,000, unless that county uses a jury plan
3-1 under Section 62.011 and the period authorized under Section
3-2 62.011(b)(5) exceeds two years, and the person has served as a
3-3 petit juror in the county during the 24-month period preceding the
3-4 date the person is to appear for jury service; [or]
3-5 (7) is the primary caretaker of a person who is an
3-6 invalid unable to care for himself; or
3-7 (8) except as provided by Subsection (b), is summoned
3-8 for service in a county with a population of at least 250,000 and
3-9 the person has served as a petit juror in the county during the
3-10 three-year period preceding the date the person is to appear for
3-11 jury service.
3-12 (b) Subsection (a)(8) does not apply if the jury wheel in
3-13 the county has been reconstituted after the date the person served
3-14 as a petit juror.
3-15 SECTION 3. This Act takes effect September 1, 1999.
3-16 SECTION 4. The changes in law made by this Act apply only to
3-17 a person summoned to appear for jury service on or after the
3-18 effective date of this Act.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.