By Berman H.B. No. 653
76R2237 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the optional exemption from jury duty based on age.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 62.106, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 62.106. EXEMPTION FROM JURY SERVICE. A person
1-7 qualified to serve as a petit juror may establish an exemption from
1-8 jury service if the person:
1-9 (1) is over 65 [70] years of age;
1-10 (2) has legal custody of a child or children younger
1-11 than 10 years of age and the person's service on the jury requires
1-12 leaving the child or children without adequate supervision;
1-13 (3) is a student of a public or private secondary
1-14 school;
1-15 (4) is a person enrolled and in actual attendance at
1-16 an institution of higher education;
1-17 (5) is an officer or an employee of the senate, the
1-18 house of representatives, or any department, commission, board,
1-19 office, or other agency in the legislative branch of state
1-20 government;
1-21 (6) is summoned for service in a county with a
1-22 population of at least 200,000, unless that county uses a jury plan
1-23 under Section 62.011 and the period authorized under Section
1-24 62.011(b)(5) exceeds two years, and the person has served as a
2-1 petit juror in the county during the 24-month period preceding the
2-2 date the person is to appear for jury service; or
2-3 (7) is the primary caretaker of a person who is an
2-4 invalid unable to care for himself.
2-5 SECTION 2. Section 62.107(c), Government Code, is amended to
2-6 read as follows:
2-7 (c) A person who files a statement with a clerk of the
2-8 court, as provided by Subsection (a), claiming an exemption because
2-9 the person is over 65 [70] years of age, may also claim the
2-10 permanent exemption on that ground authorized by Section 62.108 by
2-11 including in the statement filed with the clerk a declaration that
2-12 the person desires the permanent exemption. Promptly after a
2-13 statement claiming a permanent exemption on the basis of age is
2-14 filed, the clerk of the court with whom it is filed shall have a
2-15 copy delivered to the county tax assessor-collector.
2-16 SECTION 3. Sections 62.108(a), (b), (c), and (e), Government
2-17 Code, are amended to read as follows:
2-18 (a) A person who is entitled to exemption from jury service
2-19 because the person is over 65 [70] years of age may establish a
2-20 permanent exemption on that ground as provided by this section or
2-21 Section 62.107.
2-22 (b) A person may claim a permanent exemption:
2-23 (1) by filing with the county tax assessor-collector,
2-24 by mail or personal delivery, a signed statement affirming that the
2-25 person is over 65 [70] years of age and desires a permanent
2-26 exemption on that ground; or
2-27 (2) in the manner provided by Section 62.107(c).
3-1 (c) The county tax assessor-collector shall maintain a
3-2 current register indicating the name of each person who has claimed
3-3 and is entitled to a permanent exemption from jury service because
3-4 the person is over 65 [70] years of age.
3-5 (e) A person who has claimed a permanent exemption from jury
3-6 service because the person is over 65 [70] years of age may rescind
3-7 the exemption at any time by filing a signed request for the
3-8 rescission with the county tax assessor-collector. Rescission of a
3-9 permanent exemption does not affect the right of a person who is
3-10 over 65 [70] years of age to claim permanent exemption at a later
3-11 time.
3-12 SECTION 4. This Act takes effect September 1, 1999, and
3-13 applies only to an exemption from jury service for persons summoned
3-14 to appear for service who are summoned on or after that date. An
3-15 exemption from jury service for persons summoned to appear for
3-16 service who are summoned before the effective date of this Act is
3-17 covered by the law in effect when the person was summoned, and that
3-18 law is continued in effect for that purpose.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.