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.
 1-4           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.