By Chisum                                              H.B. No. 168
         76R1336 MLS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the responsibilities of certain county officials for
 1-3     selection of a jury source.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 81.028, Local Government Code, is amended
 1-6     to read as follows:
 1-7           Sec. 81.028.  Certain Powers Specified.  Each commissioners
 1-8     court may:
 1-9                 (1)  establish public ferries whenever the public
1-10     interest may require;
1-11                 (2)  lay out and establish, change, discontinue, close,
1-12     abandon, or vacate public roads and highways;
1-13                 (3)  build bridges and keep them in repair;
1-14                 (4)  appoint road overseers and apportion hands;
1-15                 (5)  exercise general control over all roads, highways,
1-16     ferries, and bridges in their counties;
1-17                 (6)  provide for the support of paupers, residents of
1-18     their county, who are unable to support themselves.  A county is
1-19     obligated to provide health care assistance to eligible residents
1-20     only to the extent prescribed by Chapter 61, Health and Safety
1-21     Code, but that chapter does not affect the authority of a
1-22     commissioners court to provide eligibility standards or other
1-23     requirements relating to other assistance programs or services that
1-24     are not covered by Chapter 61; [and]
 2-1                 (7)  establish a least cost review program for public
 2-2     improvements to be constructed by use of personnel, equipment, or
 2-3     facilities of the county that may exceed a cost of $100,000 or a
 2-4     lesser amount in the discretion of the commissioners court; and
 2-5                 (8)  require the county auditor to prepare a report, as
 2-6     provided by Subchapter C, Chapter 84, estimating the expense to the
 2-7     county associated with the selection and service of jurors.
 2-8           SECTION 2.  Chapter 84, Local Government Code, is amended by
 2-9     adding Subchapter C to read as follows:
2-10                      SUBCHAPTER C.  JURY SOURCE REPORT
2-11           Sec. 84.031.  JURY SOURCE REPORT BY COUNTY AUDITOR.  (a)  The
2-12     commissioners court of a county by resolution may require the
2-13     county auditor to prepare a report regarding:
2-14                 (1)  the estimated county expenses associated with each
2-15     of the jury sources provided by Section 62.001, Government Code;
2-16     and
2-17                 (2)  other relevant considerations associated with each
2-18     of the jury sources provided by Section 62.001, Government Code.
2-19           (b)  A resolution providing for a jury source report under
2-20     this section must state the reasons the commissioners court
2-21     considers the report to be necessary.
2-22           (c)  A reason stated in a jury source report resolution may
2-23     be a statement by the commissioners court that it considers the
2-24     report necessary for the court to determine:
2-25                 (1)  a jury source that will fairly serve the residents
2-26     of the county; or
2-27                 (2)  a jury source that will economically serve the
 3-1     county.
 3-2           (d)  Subject to Subsection (e), the commissioners court may
 3-3     adopt a jury source report resolution at any regular or called
 3-4     session of the commissioners court.
 3-5           (e)  The commissioners court shall publish a jury source
 3-6     report resolution once in a newspaper of general circulation
 3-7     published in the county.  If there is no newspaper of general
 3-8     circulation published in the county, the court shall post notice of
 3-9     the resolution at the courthouse door and two other public places
3-10     in the county for at least the 10 days preceding the date the
3-11     resolution is adopted.
3-12           Sec. 84.032.  JURY SOURCE REPORT BY ACCOUNTANT.  (a)  The
3-13     commissioners court of a county that does not have a county auditor
3-14     may employ an independent certified public accountant to prepare a
3-15     jury source report under this subchapter.
3-16           (b)  An independent certified public accountant employed
3-17     under Subsection (a) has the powers and duties assigned by this
3-18     subchapter to a county auditor.
3-19           Sec. 84.033.  REPORT DEADLINE.  The county auditor shall
3-20     deliver a jury source report not later than the 60th day after the
3-21     date a resolution requiring the report is adopted by the
3-22     commissioners court.
3-23           Sec. 84.034.  INFORMATION FURNISHED BY OFFICERS.  The county
3-24     auditor may require a public official who receives funds from the
3-25     county to provide any information necessary to properly prepare a
3-26     jury source report.
3-27           Sec. 84.035.  PENALTY FOR FAILURE TO FURNISH COUNTY AUDITOR
 4-1     WITH INFORMATION; REMOVAL.  (a)  A person commits an offense if the
 4-2     person:
 4-3                 (1)  is required under this subchapter to provide
 4-4     information to the county auditor; and
 4-5                 (2)  refuses to comply with a reasonable request of the
 4-6     county auditor relating to the information.
 4-7           (b)  An offense under this section is a misdemeanor
 4-8     punishable by:
 4-9                 (1)  a fine of not less than $25 or more than $500;
4-10                 (2)  removal from office; or
4-11                 (3)  both a fine and removal from office.
4-12           Sec. 84.036.  JURY SOURCE REPORT FILED WITH COUNTY CLERK;
4-13     PUBLIC INSPECTION.  (a)  The county auditor shall file a copy of a
4-14     jury source report with the county clerk.
4-15           (b)  The jury source report is public information.
4-16           SECTION 3.  Section 62.001, Government Code, is amended by
4-17     amending Subsections (a) and (b) and adding Subsection (j) to read
4-18     as follows:
4-19           (a)  Except as provided by Subsection (j), the [The] jury
4-20     wheel must be reconstituted by using, as the source:
4-21                 (1)  the names of all persons on the current voter
4-22     registration lists from all the precincts in the county; and
4-23                 (2)  all names on a current list to be furnished by the
4-24     Department of Public Safety, showing the citizens of the county
4-25     who:
4-26                       (A)  hold a valid Texas driver's license or a
4-27     valid personal identification card or certificate issued by the
 5-1     department; and
 5-2                       (B)  are not disqualified from jury service under
 5-3     Section 62.102(1), (2), or (7).
 5-4           (b)  Notwithstanding Subsections [Subsection] (a) and (j),
 5-5     the names of persons listed on a register of persons exempt from
 5-6     jury service may not be placed in the jury wheel, as provided by
 5-7     Sections 62.108 and 62.109.
 5-8           (j)  On approval of the commissioners court, a jury wheel may
 5-9     be reconstituted by using, as the only source, the names of all
5-10     persons on the current voter registration lists from all precincts
5-11     in the county.
5-12           SECTION 4.  (a)  This Act takes effect September 1, 1999.
5-13           (b)  The changes in the law made by this Act relating to jury
5-14     service apply only to persons summoned to appear for jury service
5-15     after a jury wheel has been constituted for the county under
5-16     Chapter 62, Government Code, as amended by this Act.  A jury wheel
5-17     constituted before the effective date of this Act may be used until
5-18     reconstitution of the jury wheel under Chapter 62, Government Code,
5-19     as amended by this Act.
5-20           SECTION 5.  The importance of this legislation and the
5-21     crowded condition of the calendars in both houses create an
5-22     emergency and an imperative public necessity that the
5-23     constitutional rule requiring bills to be read on three several
5-24     days in each house be suspended, and this rule is hereby suspended.