By: Staples S.B. No. 1702
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the optional exemption from jury duty based on age.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 62.106, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person
1-7 qualified to serve as a petit juror may establish an exemption from
1-8 jury service if the person:
1-9 (1) is over 65 [70] years of age;
1-10 (2) has legal custody of a child or children younger
1-11 than 10 years of age and the person's service on the jury requires
1-12 leaving the child or children without adequate supervision;
1-13 (3) is a student of a public or private secondary
1-14 school;
1-15 (4) is a person enrolled and in actual attendance at
1-16 an institution of higher education;
1-17 (5) is an officer or an employee of the senate, the
1-18 house of representatives, or any department, commission, board,
1-19 office, or other agency in the legislative branch of state
1-20 government;
1-21 (6) is summoned for service in a county with a
1-22 population of at least 200,000, unless that county uses a jury plan
1-23 under Section 62.011 and the period authorized under Section
2-1 62.011(b)(5) exceeds two years, and the person has served as a
2-2 petit juror in the county during the 24-month period preceding the
2-3 date the person is to appear for jury service; or
2-4 (7) is the primary caretaker of a person who is an
2-5 invalid unable to care for himself.
2-6 SECTION 2. Section 62.107(c), Government Code, is amended to
2-7 read as follows:
2-8 (c) A person who files a statement with a clerk of the
2-9 court, as provided by Subsection (a), claiming an exemption because
2-10 the person is over 65 [70] years of age, may also claim the
2-11 permanent exemption on that ground authorized by Section 62.108 by
2-12 including in the statement filed with the clerk a declaration that
2-13 the person desires the permanent exemption. Promptly after a
2-14 statement claiming a permanent exemption on the basis of age is
2-15 filed, the clerk of the court with whom it is filed shall have a
2-16 copy delivered to the county tax assessor-collector.
2-17 SECTION 3. Sections 62.108(a), (b), (c), and (e), Government
2-18 Code, are amended to read as follows:
2-19 (a) A person who is entitled to exemption from jury service
2-20 because the person is over 65 [70] years of age may establish a
2-21 permanent exemption on that ground as provided by this section or
2-22 Section 62.107.
2-23 (b) A person may claim a permanent exemption:
2-24 (1) by filing with the county tax assessor-collector,
2-25 by mail or personal delivery, a signed statement affirming that the
2-26 person is over 65 [70] years of age and desires a permanent
3-1 exemption on that ground; or
3-2 (2) in the manner provided by Section 62.107(c).
3-3 (c) The county tax assessor-collector shall maintain a
3-4 current register indicating the name of each person who has claimed
3-5 and is entitled to a permanent exemption from jury service because
3-6 the person is over 65 [70] years of age.
3-7 (e) A person who has claimed a permanent exemption from jury
3-8 service because the person is over 65 [70] years of age may rescind
3-9 the exemption at any time by filing a signed request for the
3-10 rescission with the county tax assessor-collector. Rescission of a
3-11 permanent exemption does not affect the right of a person who is
3-12 over 65 [70] years of age to claim permanent exemption at a later
3-13 time.
3-14 SECTION 4. This Act takes effect September 1, 2001, and
3-15 applies only to an exemption from jury service for persons summoned
3-16 to appear for service who are summoned on or after that date. An
3-17 exemption from jury service for persons summoned to appear for
3-18 service who are summoned before the effective date of this Act is
3-19 covered by the law in effect when the person was summoned, and that
3-20 law is continued in effect for that purpose.