1-1 AN ACT
1-2 relating to the method by which a county reconstitutes the jury
1-3 wheel, to the duty of the Department of Public Safety to remove
1-4 certain names from a list used to reconstitute the jury wheel, and
1-5 to the selection and service of jurors in certain counties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 62.001, Government Code, is amended by
1-8 amending Subsections (f) and (i) and adding Subsection (j) to read
1-9 as follows:
1-10 (f) The Department of Public Safety shall furnish a list to
1-11 the secretary of state that shows the names required under
1-12 Subsection (a)(2) and that contains any of the information
1-13 enumerated in Subsection (c) that is available to the department,
1-14 including citizenship status and county of residence. The list
1-15 shall exclude the names of convicted felons, persons who are not
1-16 citizens of the United States, [and] persons residing outside the
1-17 county, and the duplicate name of any registrant. The department
1-18 shall furnish the list to the secretary of state on or before the
1-19 first Monday in October of each year.
1-20 (i) The [In a county with a population of less than 105,000
1-21 in which the municipality with the largest population is located in
1-22 more than one county, the] commissioners court may, instead of
1-23 using the method provided by Subsections (c) through (h), contract
1-24 with another governmental unit or a private person to combine the
2-1 voter registration list with the list furnished by the Department
2-2 of Public Safety. Subsections (c) through (h) do not apply to a
2-3 county in which the commissioners court has contracted with another
2-4 governmental unit or a private person under this subsection. The
2-5 Department of Public Safety may not charge a fee for furnishing a
2-6 list under this subsection. Each list must contain the name, date
2-7 of birth, [and] address, county of residence, and citizenship
2-8 status of each person listed. If practical, each list must contain
2-9 [the age and citizenship of each person and] any other information
2-10 useful in determining if the person is qualified to serve as a
2-11 juror.
2-12 (j) Notwithstanding Subsection (a), in a county with a
2-13 population of 250,000 or more, the names of persons who are
2-14 summoned for jury service in the county and who appear for service
2-15 must be removed from the jury wheel and may not be maintained in
2-16 the jury wheel until the third anniversary of the date the person
2-17 appeared for service or until the next date the jury wheel is
2-18 reconstituted, whichever date occurs earlier. This subsection
2-19 applies regardless of whether the person served on a jury as a
2-20 result of the summons.
2-21 SECTION 2. Section 62.106, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person
2-24 qualified to serve as a petit juror may establish an exemption from
2-25 jury service if the person:
2-26 (1) is over 70 years of age;
2-27 (2) has legal custody of a child [or children] younger
3-1 than 10 years of age and the person's service on the jury requires
3-2 leaving the child [or children] without adequate supervision;
3-3 (3) is a student of a public or private secondary
3-4 school;
3-5 (4) is a person enrolled and in actual attendance at
3-6 an institution of higher education;
3-7 (5) is an officer or an employee of the senate, the
3-8 house of representatives, or any department, commission, board,
3-9 office, or other agency in the legislative branch of state
3-10 government;
3-11 (6) is summoned for service in a county with a
3-12 population of at least 200,000, unless that county uses a jury plan
3-13 under Section 62.011 and the period authorized under Section
3-14 62.011(b)(5) exceeds two years, and the person has served as a
3-15 petit juror in the county during the 24-month period preceding the
3-16 date the person is to appear for jury service; [or]
3-17 (7) is the primary caretaker of a person who is an
3-18 invalid unable to care for himself; or
3-19 (8) except as provided by Subsection (b), is summoned
3-20 for service in a county with a population of at least 250,000 and
3-21 the person has served as a petit juror in the county during the
3-22 three-year period preceding the date the person is to appear for
3-23 jury service.
3-24 (b) Subsection (a)(8) does not apply if the jury wheel in
3-25 the county has been reconstituted after the date the person served
3-26 as a petit juror.
3-27 SECTION 3. Section 521.142(c), Transportation Code, is
4-1 amended to read as follows:
4-2 (c) The application must state:
4-3 (1) the sex of the applicant;
4-4 (2) the residence address of the applicant;
4-5 (3) whether the applicant has been licensed to drive a
4-6 motor vehicle before;
4-7 (4) if previously licensed, when and by what state or
4-8 country;
4-9 (5) whether that license has been suspended or revoked
4-10 or a license application denied; [and]
4-11 (6) the date and reason for the suspension,
4-12 revocation, or denial;
4-13 (7) whether the applicant is a citizen of the United
4-14 States; and
4-15 (8) the county of residence of the applicant.
4-16 SECTION 4. Section 521.1425, Transportation Code, is
4-17 amended to read as follows:
4-18 Sec. 521.1425. INFORMATION REQUIRED TO BE FURNISHED TO
4-19 DEPARTMENT. (a) Except as provided by Subsection (b), the [The]
4-20 department may require each applicant for an original, renewal, or
4-21 duplicate driver's license to furnish to the department the
4-22 information required by Section 521.142.
4-23 (b) The department shall require each applicant for an
4-24 original, renewal, or duplicate driver's license to furnish to the
4-25 department the information required by Sections 521.142(c)(7) and
4-26 (8).
4-27 SECTION 5. This Act takes effect September 1, 1999.
5-1 SECTION 6. The changes in law made by this Act apply only
5-2 to a person summoned to appear for jury service on or after the
5-3 effective date of this Act.
5-4 SECTION 7. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 82 was passed by the House on April
30, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 82 on May 22, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 82 was passed by the Senate, with
amendments, on May 20, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor