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.
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