HOUSE CONCURRENT RESOLUTION
 1-1           WHEREAS, While jury service is a civic duty for many
 1-2     Americans, extended jury service can create significant financial
 1-3     hardship on jurors, and for many citizens the honor and privilege
 1-4     of serving on a jury becomes instead a burden that not only tends
 1-5     to limit participation in jury service but ultimately reduces the
 1-6     representativeness of juries in an increasingly diverse society;
 1-7     and
 1-8           WHEREAS, Under current Texas law, jurors are entitled to
 1-9     reimbursement of expenses in an amount not less that $6 nor more
1-10     than $50 for each day of jury service, with the actual amount being
1-11     determined by the county commissioners court; the law also allows a
1-12     presiding judge, under certain circumstances, to increase the daily
1-13     reimbursement above the amount set by the commissioners court
1-14     provided that reimbursement does not exceed the maximum allowable
1-15     amount of $50 per day, with the additional costs in these cases
1-16     being shared equally by the parties involved; and
1-17           WHEREAS, Because jurors' compensation often falls at the
1-18     lower end of this reimbursement schedule, jury duty participation
1-19     may cause undue financial hardships on citizens who incur
1-20     substantial traveling and other daily expenses when responding to a
1-21     jury summons; and
1-22           WHEREAS, Furthermore, because Texas law does not require
1-23     employers to pay employees for the time they take off work to
1-24     perform jury service, the financial hardship falls most heavily on
 2-1     hourly wage earners who cannot afford the difference between the $6
 2-2     per day compensation and the amount of wages lost; and
 2-3           WHEREAS, Consequently, minorities, young adults, and other
 2-4     lower-income individuals are significantly underrepresented on many
 2-5     Texas juries, which may potentially violate a constitutional
 2-6     requirement that juries represent a cross-section of the community;
 2-7     and
 2-8           WHEREAS, While county commissioners courts may provide for
 2-9     juror compensation above the state minimum, courts in poorer
2-10     communities may be hard pressed to do so, and even in those
2-11     communities that do pay above the minimum, the higher compensation
2-12     still does not offset the amount of wages a juror may forgo during
2-13     an extended jury trial; additional incentives are needed to lessen
2-14     or remove jurors' financial burdens and thus ensure greater public
2-15     participation in jury service and safeguard constitutional
2-16     guarantees; now, therefore, be it
2-17           RESOLVED, That the 77th Legislature of the State of Texas
2-18     hereby respectfully request the Congress of the United States to
2-19     pass legislation amending the Internal Revenue Code to give each
2-20     person who serves on a jury under certain circumstances or in
2-21     certain localities a $40 tax credit per day of service and to give
2-22     each person who is summoned and appears, but does not serve, a
2-23     one-time $40 tax credit for that day; and, be it further
2-24           RESOLVED, That the Texas secretary of state forward official
2-25     copies of this resolution to the president of the United States, to
2-26     the speaker of the house of representatives and the president of
2-27     the senate of the United States Congress, and to all the members of
 3-1     the Texas delegation to the congress with the request that this
 3-2     resolution be officially entered in the Congressional Record as a
 3-3     memorial to the Congress of the United States of America.
                                                             Jones of Dallas
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.C.R. No. 104 was adopted by the House on
         April 20, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.C.R. No. 104 was adopted by the Senate on
         May 18, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor