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78R6457 YDB-D
By: Chisum H.B. No. 1433
A BILL TO BE ENTITLED
AN ACT
relating to the responsibilities of certain county officials for
selection of a jury source.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 81, Local Government Code,
is amended by adding Section 81.025 to read as follows:
Sec. 81.025. JURY SOURCE REPORT BY COUNTY AUDITOR. The
commissioners court may require the county auditor to prepare a
report, as provided by Subchapter C, Chapter 84, estimating the
expense to the county associated with the selection and service of
jurors.
SECTION 2. Chapter 84, Local Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. JURY SOURCE REPORT
Sec. 84.051. JURY SOURCE REPORT BY COUNTY AUDITOR. (a) The
commissioners court of a county by resolution may require the
county auditor to prepare a report regarding:
(1) the estimated county expenses associated with each
of the jury sources provided by Section 62.001, Government Code;
and
(2) other relevant considerations associated with
each of the jury sources provided by Section 62.001, Government
Code.
(b) A resolution providing for a jury source report under
this section must state the reasons the commissioners court
considers the report to be necessary.
(c) A reason stated in a jury source report resolution may
be a statement by the commissioners court that the court considers
the report necessary to determine:
(1) a jury source that will fairly serve the residents
of the county; or
(2) a jury source that will economically serve the
county.
(d) Subject to Section 84.052, the commissioners court may
adopt a jury source report resolution at any regular or called
session of the commissioners court.
Sec. 84.052. NOTICE. (a) The commissioners court shall
publish a jury source report resolution once in a newspaper of
general circulation published in the county.
(b) If there is no newspaper of general circulation
published in the county, the court shall post notice of the
resolution at the courthouse door and two other public places in the
county for at least the 10 days preceding the date the resolution is
adopted.
Sec. 84.053. JURY SOURCE REPORT BY ACCOUNTANT. (a) The
commissioners court of a county that does not have a county auditor
may employ an independent certified public accountant to prepare a
jury source report under this subchapter.
(b) An independent certified public accountant employed
under Subsection (a) has the powers and duties assigned by this
subchapter to a county auditor.
Sec. 84.054. REPORT DEADLINE. The county auditor shall
deliver a jury source report not later than the 60th day after the
date a resolution requiring the report is adopted by the
commissioners court.
Sec. 84.055. INFORMATION FURNISHED BY OFFICERS. The county
auditor may require a public official who receives funds from the
county to provide any information necessary to properly prepare a
jury source report.
Sec. 84.056. PENALTY FOR FAILURE TO FURNISH COUNTY AUDITOR
WITH INFORMATION; REMOVAL. (a) A person commits an offense if the
person:
(1) is required under this subchapter to provide
information to the county auditor; and
(2) refuses to comply with a reasonable request of the
county auditor relating to the information.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not less than $25 or more than $500;
(2) removal from office; or
(3) both a fine and removal from office.
Sec. 84.057. JURY SOURCE REPORT FILED WITH COUNTY CLERK;
PUBLIC INSPECTION. (a) The county auditor shall file a copy of a
jury source report with the county clerk.
(b) The jury source report is public information.
SECTION 3. Section 62.001, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (l) to read
as follows:
(a) Except as provided by Subsection (l), the [The] jury
wheel must be reconstituted by using, as the source:
(1) the names of all persons on the current voter
registration lists from all the precincts in the county; and
(2) all names on a current list to be furnished by the
Department of Public Safety, showing the citizens of the county
who:
(A) hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
department; and
(B) are not disqualified from jury service under
Section 62.102(1), (2), or (7).
(b) Notwithstanding Subsections [Subsection] (a) and (l),
the names of persons listed on a register of persons exempt from
jury service may not be placed in the jury wheel, as provided by
Sections 62.108 and 62.109.
(l) On approval of the commissioners court, a jury wheel may
be reconstituted by using, as the only source, the names of all
persons on the current voter registration lists from all precincts
in the county.
SECTION 4. The changes in the law made by this Act relating
to jury service apply only to persons summoned to appear for jury
service after a jury wheel has been constituted for the county under
Chapter 62, Government Code, as amended by this Act. A jury wheel
constituted before the effective date of this Act may be used until
the jury wheel has been reconstituted under Chapter 62, Government
Code, as amended by this Act.
SECTION 5. This Act takes effect September 1, 2003.