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.