By Walker                                              H.B. No. 881
         76R3533 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disqualification of a person convicted of theft
 1-3     from  selection or service as a grand juror.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 19.08, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 19.08.  QUALIFICATIONS.  No person shall be selected or
 1-8     serve as a grand juror who does not possess the following
 1-9     qualifications:
1-10                 1. He must be a citizen of the state, and of the county
1-11     in which he is to serve, and be qualified under the Constitution
1-12     and laws to vote in said county, provided that his failure to
1-13     register to vote shall not be held to disqualify him in this
1-14     instance;
1-15                 2. He must be of sound mind and good moral character;
1-16                 3. He must be able to read and write;
1-17                 4. He must not have been convicted of theft or of any
1-18     felony;
1-19                 5. He must not be under indictment or other legal
1-20     accusation for theft or of any felony;
1-21                 6. He must not be related within the third degree of
1-22     consanguinity or second degree of affinity, as determined under
1-23     Chapter 573, Government Code, to any person selected to serve or
1-24     serving on the same grand jury;
 2-1                 7. He must not have served as grand juror or jury
 2-2     commissioner in the year before the date on which the term of court
 2-3     for which he has been selected as grand juror begins;
 2-4                 8. He must not be a complainant in any matter to be
 2-5     heard by the grand jury during the term of court for which he has
 2-6     been selected as a grand juror.
 2-7           SECTION 2.  (a)  The change in law made by this Act applies
 2-8     only to grand juror selections made on or after the effective date
 2-9     of this Act.  For purposes of this section, a selection is made
2-10     before the effective date of this Act if any element of the
2-11     selection process occurs before the effective date.
2-12           (b)  A selection made before the effective date of this Act
2-13     is covered by the law in effect when the selection process began,
2-14     and the former law is continued in effect for that purpose.
2-15           SECTION 3.  This Act takes effect September 1, 1999.
2-16           SECTION 4.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.