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.