By Isett                                               H.B. No. 789
         77R691 AEI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exempting certain sole proprietors from jury duty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 62.106(a), Government Code, is amended to
 1-5     read as follows:
 1-6           (a)  A person qualified to serve as a petit juror may
 1-7     establish an exemption from jury service if the person:
 1-8                 (1)  is over 70 years of age;
 1-9                 (2)  has legal custody of a child younger than 10 years
1-10     of age and the person's service on the jury requires leaving the
1-11     child without adequate supervision;
1-12                 (3)  is a student of a public or private secondary
1-13     school;
1-14                 (4)  is a person enrolled and in actual attendance at
1-15     an institution of higher education;
1-16                 (5)  is an officer or an employee of the senate, the
1-17     house of representatives, or any department, commission, board,
1-18     office, or other agency in the legislative branch of state
1-19     government;
1-20                 (6)  is summoned for service in a county with a
1-21     population of at least 200,000, unless that county uses a jury plan
1-22     under Section 62.011 and the period authorized under Section
1-23     62.011(b)(5) exceeds two years, and the person has served as a
1-24     petit juror in the county during the 24-month period preceding the
 2-1     date the person is to appear for jury service;
 2-2                 (7)  is the primary caretaker of a person who is an
 2-3     invalid unable to care for himself; [or]
 2-4                 (8)  except as provided by Subsection (b), is summoned
 2-5     for service in a county with a population of at least 250,000 and
 2-6     the person has served as a petit juror in the county during the
 2-7     three-year period preceding the date the person is to appear for
 2-8     jury service; or
 2-9                 (9)  is the sole proprietor of a full-time business if
2-10     the business:
2-11                       (A)  does not have any employees; and
2-12                       (B)  is not operated primarily over the Internet.
2-13           SECTION 2. (a)  This Act takes effect September 1, 2001.
2-14           (b)  This Act applies only to a person summoned for jury duty
2-15     on or after the effective date of this Act.  A person summoned for
2-16     jury duty before the effective date of this Act is governed by the
2-17     law in effect immediately before the effective date of this Act,
2-18     and the former law is continued in effect for that purpose.