77R10427 JMC-D                           
         By Garcia                                              H.B. No. 950
         Substitute the following for H.B. No. 950:
         By Garcia                                          C.S.H.B. No. 950
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to juror reimbursement.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 61.001(a) and (b), Government Code, are
 1-5     amended to read as follows:
 1-6           (a)  Each grand juror or petit juror in a civil or criminal
 1-7     case in a district court, criminal district court, county court,
 1-8     county court at law, or justice court is entitled to receive as
 1-9     reimbursement for travel and other expenses an amount not less than
1-10     $40 [$6] nor more than $50 for each day or fraction of each day
1-11     served as a juror.
1-12           (b)  Except as provided by Subsection (d), a person who
1-13     responds to the process of a court but is excused from petit jury
1-14     service by the court for any cause after the person's voir dire
1-15     examination is entitled to receive as reimbursement for travel and
1-16     other expenses an amount not less than $6 nor more than an amount
1-17     determined by the commissioners court of the county [$50] for each
1-18     day or fraction of each day in attendance in court in response to
1-19     the process.
1-20           SECTION 2.  Chapter 61, Government Code, is amended by adding
1-21     Section 61.004 to read as follows:
1-22           Sec. 61.004.  JUROR REIMBURSEMENT FEES. (a)  The clerk of
1-23     each district court, county court, and county court at law shall
1-24     collect a fee of $10 as a cost of court in each civil case filed
 2-1     with the clerk.  The clerk of each justice court shall collect a
 2-2     fee of $2 as a cost of court in each civil case filed with the
 2-3     clerk.  A fee required under this subsection shall be collected at
 2-4     the time of filing.
 2-5           (b)  A clerk required to collect a fee under Subsection (a)
 2-6     shall collect the fee in the manner provided for other court costs
 2-7     and shall deliver the fee to the treasurer, or the person who
 2-8     performs the duties of the treasurer, of the county in which the
 2-9     court sits.  The county treasurer, or the person who performs the
2-10     duties of the county treasurer, shall deposit the fees received in
2-11     the general fund of the county to be used only to provide
2-12     reimbursement for expenses incurred by jurors and persons who
2-13     attend court in response to jury summons in a district court,
2-14     county court, county court at law, or justice court in the county.
2-15           SECTION 3. Subchapter C, Chapter 72, Government Code, is
2-16     amended by adding Section 72.029 to read as follows:
2-17           Sec. 72.029.  JUROR REIMBURSEMENT REPORT. The office shall
2-18     review the reimbursement provided to jurors  and persons who attend
2-19     court in response to jury summons in district courts, county
2-20     courts, county courts at law, and justice courts and, not later
2-21     than January 1 of every fourth year, report the results of the
2-22     review to the legislature.
2-23           SECTION 4.  Subchapter A, Chapter 102, Code of Criminal
2-24     Procedure, is amended by adding Article 102.015 to read as follows:
2-25           Art. 102.015.  COURT COSTS:  JUROR REIMBURSEMENT.  (a)  A
2-26     defendant who is convicted of or who receives deferred adjudication
2-27     for an offense in a district court, county court, or county court
 3-1     at law shall pay as a cost of court a fee of $10.  A defendant who
 3-2     is convicted of or who receives deferred adjudication for an
 3-3     offense in a justice court shall pay as a cost of court a fee of
 3-4     $2.
 3-5           (b)  A clerk required to collect a fee under Subsection (a)
 3-6     shall collect the fee in the manner provided for other court costs
 3-7     and shall deliver the fee to the treasurer, or the person who
 3-8     performs the duties of the treasurer, of the county in which the
 3-9     court sits.  The county treasurer, or the person who performs the
3-10     duties of the county treasurer, shall deposit the fees received in
3-11     the general fund of the county to be used only to provide
3-12     reimbursement for expenses incurred by jurors and persons who
3-13     attend court in response to jury summons in a district court,
3-14     county court, county court at law, or justice court in the county.
3-15           (c)  If a defendant who is required to pay a fee under this
3-16     article defaults in payment, the court may order the defendant to
3-17     discharge the fee in a manner provided by Article 43.09 only if the
3-18     court at a hearing determines that the defendant is unable to pay
3-19     the fee.
3-20           SECTION 5.  (a)  The change in law made by Section 1 of this
3-21     Act applies only to a person serving on a jury under a summons
3-22     issued on or after the effective date of this Act or responding to
3-23     a jury summons issued on or after the effective date of this Act.  
3-24           (b)  The change in law made by Section 2 of this Act applies
3-25     only to filing fees for civil cases filed on or after the effective
3-26     date of this Act.
3-27           (c)  The change in law made by Section 4 of this Act applies
 4-1     only to a conviction or a grant of deferred adjudication for an
 4-2     offense committed on or after the effective date of this Act.  A
 4-3     conviction or a grant of deferred adjudication for an offense
 4-4     committed before the effective date of this Act is covered by the
 4-5     law in effect when the offense was committed, and the former law is
 4-6     continued in effect for that purpose.  For purposes of this
 4-7     subsection, an offense was committed before the effective date of
 4-8     this Act if any element of the offense occurred before that date.
 4-9           SECTION 6.  The first report required by Section 72.029,
4-10     Government Code, as added by this Act, shall be submitted to the
4-11     legislature not later than January 1, 2005.
4-12           SECTION 7.  This Act takes effect September 1, 2001.