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.