1-1 By: Solomons (Senate Sponsor - Ellis) H.B. No. 82
1-2 (In the Senate - Received from the House May 3, 1999;
1-3 May 3, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 May 11, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 82 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the method by which a county reconstitutes the jury
1-11 wheel, to the duty of the Department of Public Safety to remove
1-12 certain names from a list used to reconstitute the jury wheel, and
1-13 to the selection and service of jurors in certain counties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 62.001, Government Code, is amended by
1-16 amending Subsections (f) and (i) and adding Subsection (j) to read
1-17 as follows:
1-18 (f) The Department of Public Safety shall furnish a list to
1-19 the secretary of state that shows the names required under
1-20 Subsection (a)(2) and that contains any of the information
1-21 enumerated in Subsection (c) that is available to the department,
1-22 including citizenship status and county of residence. The list
1-23 shall exclude the names of convicted felons, persons who are not
1-24 citizens of the United States, [and] persons residing outside the
1-25 county, and the duplicate name of any registrant. The department
1-26 shall furnish the list to the secretary of state on or before the
1-27 first Monday in October of each year.
1-28 (i) The [In a county with a population of less than 105,000
1-29 in which the municipality with the largest population is located in
1-30 more than one county, the] commissioners court may, instead of
1-31 using the method provided by Subsections (c) through (h), contract
1-32 with another governmental unit or a private person to combine the
1-33 voter registration list with the list furnished by the Department
1-34 of Public Safety. Subsections (c) through (h) do not apply to a
1-35 county in which the commissioners court has contracted with another
1-36 governmental unit or a private person under this subsection. The
1-37 Department of Public Safety may not charge a fee for furnishing a
1-38 list under this subsection. Each list must contain the name, date
1-39 of birth, [and] address, county of residence, and citizenship
1-40 status of each person listed. If practical, each list must contain
1-41 [the age and citizenship of each person and] any other information
1-42 useful in determining if the person is qualified to serve as a
1-43 juror.
1-44 (j) Notwithstanding Subsection (a), in a county with a
1-45 population of 250,000 or more, the names of persons who are
1-46 summoned for jury service in the county and who appear for service
1-47 must be removed from the jury wheel and may not be maintained in
1-48 the jury wheel until the third anniversary of the date the person
1-49 appeared for service or until the next date the jury wheel is
1-50 reconstituted, whichever date occurs earlier. This subsection
1-51 applies regardless of whether the person served on a jury as a
1-52 result of the summons.
1-53 SECTION 2. Section 62.106, Government Code, is amended to
1-54 read as follows:
1-55 Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person
1-56 qualified to serve as a petit juror may establish an exemption from
1-57 jury service if the person:
1-58 (1) is over 70 years of age;
1-59 (2) has legal custody of a child [or children] younger
1-60 than 10 years of age and the person's service on the jury requires
1-61 leaving the child [or children] without adequate supervision;
1-62 (3) is a student of a public or private secondary
1-63 school;
1-64 (4) is a person enrolled and in actual attendance at
2-1 an institution of higher education;
2-2 (5) is an officer or an employee of the senate, the
2-3 house of representatives, or any department, commission, board,
2-4 office, or other agency in the legislative branch of state
2-5 government;
2-6 (6) is summoned for service in a county with a
2-7 population of at least 200,000, unless that county uses a jury plan
2-8 under Section 62.011 and the period authorized under Section
2-9 62.011(b)(5) exceeds two years, and the person has served as a
2-10 petit juror in the county during the 24-month period preceding the
2-11 date the person is to appear for jury service; [or]
2-12 (7) is the primary caretaker of a person who is an
2-13 invalid unable to care for himself; or
2-14 (8) except as provided by Subsection (b), is summoned
2-15 for service in a county with a population of at least 250,000 and
2-16 the person has served as a petit juror in the county during the
2-17 three-year period preceding the date the person is to appear for
2-18 jury service.
2-19 (b) Subsection (a)(8) does not apply if the jury wheel in
2-20 the county has been reconstituted after the date the person served
2-21 as a petit juror.
2-22 SECTION 3. Section 521.142(c), Transportation Code, is
2-23 amended to read as follows:
2-24 (c) The application must state:
2-25 (1) the sex of the applicant;
2-26 (2) the residence address of the applicant;
2-27 (3) whether the applicant has been licensed to drive a
2-28 motor vehicle before;
2-29 (4) if previously licensed, when and by what state or
2-30 country;
2-31 (5) whether that license has been suspended or revoked
2-32 or a license application denied; [and]
2-33 (6) the date and reason for the suspension,
2-34 revocation, or denial;
2-35 (7) whether the applicant is a citizen of the United
2-36 States; and
2-37 (8) the county of residence of the applicant.
2-38 SECTION 4. Section 521.1425, Transportation Code, is
2-39 amended to read as follows:
2-40 Sec. 521.1425. INFORMATION REQUIRED TO BE FURNISHED TO
2-41 DEPARTMENT. (a) Except as provided by Subsection (b), the [The]
2-42 department may require each applicant for an original, renewal, or
2-43 duplicate driver's license to furnish to the department the
2-44 information required by Section 521.142.
2-45 (b) The department shall require each applicant for an
2-46 original, renewal, or duplicate driver's license to furnish to the
2-47 department the information required by Sections 521.142(c)(7) and
2-48 (8).
2-49 SECTION 5. This Act takes effect September 1, 1999.
2-50 SECTION 6. The changes in law made by this Act apply only
2-51 to a person summoned to appear for jury service on or after the
2-52 effective date of this Act.
2-53 SECTION 7. The importance of this legislation and the
2-54 crowded condition of the calendars in both houses create an
2-55 emergency and an imperative public necessity that the
2-56 constitutional rule requiring bills to be read on three several
2-57 days in each house be suspended, and this rule is hereby suspended.
2-58 * * * * *