By Garcia H.B. No. 1290
77R2034 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jury service; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Government Code, is amended by adding
1-5 Section 61.004 to read as follows:
1-6 Sec. 61.004. CONTINUATION OF COMPENSATION. (a)
1-7 Notwithstanding any reimbursement an employee receives under
1-8 Section 61.001, an employer who employs more than 25 employees in
1-9 this state shall pay an employee who reports for jury service the
1-10 employee's regular rate of compensation for the time the employee
1-11 spends in reporting for jury service.
1-12 (b) An employer who violates Subsection (a) commits an
1-13 unlawful employment practice for which the employee may file a
1-14 complaint as provided by Chapter 21, Labor Code.
1-15 SECTION 2. Section 62.001, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL. (a)
1-18 The jury wheel must be reconstituted by using, as the source:
1-19 (1) the names of all persons on the current voter
1-20 registration lists from all the precincts in the county; [and]
1-21 (2) all names on a current list to be furnished by the
1-22 Department of Public Safety, showing the citizens of the county
1-23 who:
1-24 (A) hold a valid Texas driver's license or a
2-1 valid personal identification card or certificate issued by the
2-2 department; and
2-3 (B) are not disqualified from jury service under
2-4 Section 62.102(1), (2), or (7); and
2-5 (3) a current list of names to be provided, to the
2-6 extent permitted by federal law, by health and human services
2-7 agencies, as that term is defined by Section 531.001, Government
2-8 Code, and the Texas Workforce Commission, as appropriate, of each
2-9 person who receives:
2-10 (A) financial assistance under Chapter 31, Human
2-11 Resources Code;
2-12 (B) medical assistance under Chapter 32, Human
2-13 Resources Code;
2-14 (C) nutritional assistance under Chapter 33,
2-15 Human Resources Code; or
2-16 (D) unemployment benefits, including benefits
2-17 payable under Subtitle A, Title 4, Labor Code, and any other
2-18 amounts payable by the Texas Workforce Commission under an
2-19 agreement entered into under any federal law providing for
2-20 compensation, assistance, or allowances with respect to
2-21 unemployment.
2-22 (b) Notwithstanding Subsection (a), the names of persons
2-23 listed on a register of persons exempt from jury service may not be
2-24 placed in the jury wheel, as provided by Sections 62.108 and
2-25 62.109.
2-26 (c) Each year not later than the third Tuesday in November
2-27 or the date provided by Section 16.032, Election Code, for the
3-1 cancellation of voter registrations, whichever is earlier, the
3-2 voter registrar of each county shall furnish to the secretary of
3-3 state a current voter registration list from all the precincts in
3-4 the county that, except as provided by Subsection (d), includes:
3-5 (1) the complete name, mailing address, date of birth,
3-6 voter registration number, and precinct number for each voter;
3-7 (2) if available, the Texas driver's license number or
3-8 personal identification card or certificate number and social
3-9 security number for each voter; and
3-10 (3) any other information included on the voter
3-11 registration list of the county.
3-12 (d) The list required by Subsection (c) may exclude, at the
3-13 option of the voter registrar of each county, the names of persons
3-14 on the suspense list maintained under Section 15.081, Election
3-15 Code.
3-16 (e) The voter registrar shall send a list of the names of
3-17 persons excluded to the secretary of state with the list required
3-18 by Subsection (c).
3-19 (f) The Department of Public Safety shall furnish a list to
3-20 the secretary of state that shows the names required under
3-21 Subsection (a)(2) and that contains any of the information
3-22 enumerated in Subsection (c) that is available to the department,
3-23 including citizenship status and county of residence. The list
3-24 shall exclude the names of convicted felons, persons who are not
3-25 citizens of the United States, persons residing outside the county,
3-26 and the duplicate name of any registrant. The department shall
3-27 furnish the list to the secretary of state on or before the first
4-1 Monday in October of each year.
4-2 (g) Each health and human services agency and the Texas
4-3 Workforce Commission, as appropriate, shall provide to the
4-4 secretary of state on or before the first Monday in October of each
4-5 year a list that:
4-6 (1) contains, to the extent permitted by federal law,
4-7 the names required under Subsection (a)(3) and any of the
4-8 information listed in Subsection (c) that is available to the
4-9 agency or the commission, including citizenship status and county
4-10 of residence; and
4-11 (2) excludes the names of persons who are disqualified
4-12 from jury service under Section 62.102(1), (2), or (7).
4-13 (h) The secretary of state shall accept the lists furnished
4-14 as provided by Subsections (c) through (g) [(f)]. The secretary of
4-15 state shall combine the lists, eliminate duplicate names, and send
4-16 the combined list to each county on or before December 31 of each
4-17 year or as may be required under a plan developed in accordance
4-18 with Section 62.011. The district clerk of a county that has
4-19 adopted a plan under Section 62.011 shall give the secretary of
4-20 state notice not later than the 90th day before the date the list
4-21 is required. The list furnished the county must be in a format,
4-22 electronic or printed copy, as requested by the county and must be
4-23 certified by the secretary of state stating that the list contains
4-24 the names required by Subsections (c) through (g) [(f)],
4-25 eliminating duplications. The secretary of state shall furnish the
4-26 list free of charge.
4-27 (i) [(h)] If the secretary of state is unable to furnish the
5-1 list as provided in this section because of the failure of the
5-2 voter registrar to furnish the county voter registration list to
5-3 the secretary of state, the county tax assessor-collector, sheriff,
5-4 county clerk, and district clerk in the county shall meet at the
5-5 county courthouse between January 1 and January 15 of the following
5-6 year and shall reconstitute the jury wheel for the county, except
5-7 as provided under a plan adopted under Section 62.011. The
5-8 deadlines included in the plan control for preparing the list and
5-9 reconstituting the wheel. The secretary of state shall send the
5-10 list furnished by the Department of Public Safety as provided by
5-11 Subsection (f) and the lists provided by the health and human
5-12 services agencies and the Texas Workforce Commission as provided by
5-13 Subsection (g) to the voter registrar, who shall combine the lists
5-14 as described in this section for use as the juror source and
5-15 certify the combined list as required of the secretary of state
5-16 under Subsection (h) [(g)].
5-17 (j) [(i)] The commissioners court may, instead of using the
5-18 method provided by Subsections (c) through (i) [(h)], contract with
5-19 another governmental unit or a private person to combine the voter
5-20 registration list with the lists [list] furnished by the Department
5-21 of Public Safety, the health and human services agencies, and the
5-22 Texas Workforce Commission. Subsections (c) through (i) [(h)] do
5-23 not apply to a county in which the commissioners court has
5-24 contracted with another governmental unit or a private person under
5-25 this subsection. The Department of Public Safety, the health and
5-26 human services agencies, and the Texas Workforce Commission may not
5-27 charge a fee for furnishing a list under this subsection. Each
6-1 list must contain the name, date of birth, address, county of
6-2 residence, and citizenship status of each person listed. If
6-3 practical, each list must contain any other information useful in
6-4 determining if the person is qualified to serve as a juror.
6-5 (k) [(j)] Notwithstanding Subsection (a), in a county with a
6-6 population of 250,000 or more, the names of persons who are
6-7 summoned for jury service in the county and who appear for service
6-8 must be removed from the jury wheel and may not be maintained in
6-9 the jury wheel until the third anniversary of the date the person
6-10 appeared for service or until the next date the jury wheel is
6-11 reconstituted, whichever date occurs earlier. This subsection
6-12 applies regardless of whether the person served on a jury as a
6-13 result of the summons.
6-14 SECTION 3. Section 62.106(a), Government Code, is amended to
6-15 read as follows:
6-16 (a) A person qualified to serve as a petit juror may
6-17 establish an exemption from jury service if the person:
6-18 (1) is over 70 years of age;
6-19 (2) has legal custody of a child younger than 10 years
6-20 of age and the person's service on the jury requires leaving the
6-21 child without adequate supervision;
6-22 (3) is a student of a public or private secondary
6-23 school;
6-24 (4) is a person enrolled and in actual attendance at
6-25 an institution of higher education;
6-26 (5) is an officer or an employee of the senate, the
6-27 house of representatives, or any department, commission, board,
7-1 office, or other agency in the legislative branch of state
7-2 government and the date the person is to appear for jury service is
7-3 during a regular or special session of the legislature;
7-4 (6) is summoned for service in a county with a
7-5 population of at least 200,000, unless that county uses a jury plan
7-6 under Section 62.011 and the period authorized under Section
7-7 62.011(b)(5) exceeds two years, and the person has served as a
7-8 petit juror in the county during the 24-month period preceding the
7-9 date the person is to appear for jury service;
7-10 (7) is the primary caretaker of a person who is an
7-11 invalid unable to care for himself; or
7-12 (8) except as provided by Subsection (b), is summoned
7-13 for service in a county with a population of at least 250,000 and
7-14 the person has served as a petit juror in the county during the
7-15 three-year period preceding the date the person is to appear for
7-16 jury service.
7-17 SECTION 4. Section 62.111, Government Code, is amended to
7-18 read as follows:
7-19 Sec. 62.111. PENALTY FOR DEFAULTING JURORS. (a) Except as
7-20 provided by Subsection (b), a [A] juror lawfully notified shall be
7-21 fined not less than $10 nor more than $100 if the juror [he]:
7-22 (1) fails to attend court in obedience to the notice
7-23 without reasonable excuse; or
7-24 (2) files a false claim of exemption from jury
7-25 service.
7-26 (b) The court may impose a fine on a juror in the amount of
7-27 $250 or may order the juror to perform community service if the
8-1 juror, after being summoned for jury service, is found to have:
8-2 (1) intentionally failed to appear for jury service in
8-3 compliance with the summons without reasonable excuse; and
8-4 (2) failed to appear for jury service in compliance
8-5 with two previous summonses.
8-6 SECTION 5. Subtitle B, Title 3, Local Government Code, is
8-7 amended by adding Chapter 90 to read as follows:
8-8 CHAPTER 90. COMMISSIONER OF JURORS
8-9 Sec. 90.001. DEFINITION. In this chapter, "district judge"
8-10 means a district judge who has jurisdiction in the county.
8-11 Sec. 90.002. MAJORITY VOTE REQUIRED. A majority vote of the
8-12 district judges is required to perform an act required or permitted
8-13 of the district judges unless otherwise specifically provided by
8-14 law. If only one district judge has jurisdiction in the county,
8-15 the judge may act alone.
8-16 Sec. 90.003. APPOINTMENT OF COMMISSIONER OF JURORS. The
8-17 district judges having jurisdiction in a county with a population
8-18 of 100,000 or more shall appoint a commissioner of jurors.
8-19 Sec. 90.004. PROCEDURE FOR APPOINTMENT. (a) The district
8-20 judges shall appoint the commissioner of jurors at a special
8-21 meeting held for that purpose. If a majority of the judges cannot
8-22 agree on the selection of a person as commissioner of jurors, one
8-23 judge shall certify that fact to the governor, who shall appoint a
8-24 judge of a district court who does not have jurisdiction in the
8-25 county to act and vote with the district judges to select the
8-26 commissioner.
8-27 (b) The clerk of the district court shall record the judges'
9-1 action in the minutes of the court and certify it to the
9-2 commissioners court. The commissioners court shall record in the
9-3 minutes of the court the judges' action and an order directing the
9-4 payment of the commissioner's salary, to be paid wholly from county
9-5 funds.
9-6 Sec. 90.005. TERM. The term of office of a commissioner of
9-7 jurors is two years.
9-8 Sec. 90.006. QUALIFICATIONS. The district judges shall
9-9 determine the qualifications of a commissioner of jurors.
9-10 Sec. 90.007. BOND AND OATH. (a) The commissioner of jurors
9-11 must execute a bond before taking office and not later than the
9-12 20th day after the date the commissioner is appointed under this
9-13 chapter. The bond must be:
9-14 (1) a good and sufficient surety bond or a bond
9-15 secured by two or more good and sufficient personal sureties;
9-16 (2) in an amount set by the district judges;
9-17 (3) payable to the district judges;
9-18 (4) conditioned on the faithful performance of the
9-19 duties of the commissioner; and
9-20 (5) approved by the district judges.
9-21 (b) The commissioner must take the official oath and a
9-22 written oath that states that the commissioner has the
9-23 qualifications for office required by the district judges.
9-24 Sec. 90.008. REMOVAL. A commissioner of jurors may be
9-25 removed from office and a successor appointed if, after an
9-26 investigation by the district judges, the commissioner is
9-27 determined to:
10-1 (1) have committed official misconduct; or
10-2 (2) be incompetent to faithfully discharge the duties
10-3 of the office of commissioner of jurors.
10-4 Sec. 90.009. DUTIES. The commissioner of jurors shall:
10-5 (1) monitor compliance of persons summoned for jury
10-6 service in appearing for that service;
10-7 (2) recommend to the appropriate prosecuting attorney
10-8 for prosecution under Section 62.111, Government Code, a person
10-9 who, after receiving three summonses to appear for jury service,
10-10 fails to appear for service in compliance with each summons; and
10-11 (3) assist the prosecuting attorney in prosecuting a
10-12 person under Section 62.111, Government Code.
10-13 SECTION 6. The changes in law made by this Act apply only to
10-14 a person summoned to appear for jury service on or after the
10-15 effective date of this Act. A person summoned to appear for jury
10-16 service before the effective date of this Act is governed by the
10-17 law in effect on the date the person was summoned to appear, and
10-18 the former law is continued in effect for that purpose.
10-19 SECTION 7. This Act takes effect September 1, 2001.