78R4911 SLO-F
By: Marchant H.B. No. 2923
A BILL TO BE ENTITLED
AN ACT
relating to jury service; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Government Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. ADDITIONAL FILING FEE FOR LENGTHY TRIAL TRUST FUND
Sec. 51.961. ADDITIONAL FILING FEE FOR LENGTHY TRIAL TRUST
FUND. (a) In addition to other fees authorized or required by law,
the clerk of each district court, county court, county court at law,
or justice court shall collect a fee of $20 on the filing of any
civil action or proceeding requiring a filing fee, including an
appeal, and on the filing of any counterclaim, cross-action,
intervention, interpleader, or third-party action requiring a
filing fee.
(b) Court fees collected under this subchapter shall be
collected in the same manner as other fees, fines, or costs in the
case.
(c) The clerk shall remit the fees collected under
Subsection (a) at least as frequently as monthly to the county
treasurer or the person who performs the duties of the county
treasurer. The county treasurer or the person who performs the
duties of the county treasurer shall remit the fees collected to the
comptroller not later than the 10th day after the end of each
quarter.
(d) The comptroller shall deposit the fees received under
this section to the credit of the lengthy trial trust fund for use
by the Office of Court Administration of the Texas Judicial System
in accordance with this subchapter.
Sec. 51.962. EXEMPTIONS. The following are exempt from
paying the filing fee imposed by Section 51.961(a):
(1) a local, state, or federal government;
(2) a pro se litigant;
(3) a plaintiff or defendant in an action seeking:
(A) a social security benefits disability
determination;
(B) compensation for a service-connected
disability, as defined by the Department of Veterans Affairs;
(C) recoupment of a loan made under a guaranteed
loan program of the United States government or a state government;
or
(D) support of or access to a child;
(4) a plaintiff or defendant who is indigent; and
(5) a plaintiff or defendant in any other action or
proceeding designated by rule to:
(A) involve a minimal amount of court resources;
and
(B) be the kind of action that customarily does
not involve a trial by jury.
Sec. 51.963. RULES. The Office of Court Administration of
the Texas Judicial System shall adopt rules and procedures for the
distribution of funds collected under this subchapter and rules
regarding actions and proceedings described by Section 51.962(5).
Sec. 51.964. LENGTHY TRIAL TRUST FUND. (a) The lengthy
trial trust fund is a trust fund outside the state treasury held by
the comptroller and shall be made available to the Office of Court
Administration of the Texas Judicial System for expenditures
without legislative appropriation to make lengthy trial
reimbursements for jurors available to a court described by Section
51.961(a).
(b) The office of court administration may disburse funds
from the lengthy trial trust fund only to pay jurors who qualify for
reimbursement under Section 62.022.
(c) The office of court administration shall file an annual
report with the Legislative Budget Board describing the amounts
collected for and disbursed from the trust fund. All funds expended
are subject to audit by the comptroller and the state auditor.
(d) At the end of each fiscal year, the comptroller shall
transfer one–half of any unencumbered amount in the lengthy trial
trust fund in excess of $500,000 to the credit of the judicial fund,
and the comptroller shall transfer the other one–half of that
amount to the credit of the judicial and court personnel training
fund.
SECTION 2. Section 62.0141, Government Code, is amended to
read as follows:
Sec. 62.0141. CRIMINAL PENALTY FOR FAILURE TO ANSWER JURY
SUMMONS. (a) A [In addition to any criminal penalty prescribed by
law, a] person commits an offense if the person is summoned for jury
service and the person:
(1) does not comply with the summons as required by
law; or
(2) knowingly provides false information in a request
to be exempted or excused from jury service [who does not comply
with the summons as required by law is subject to a contempt action
punishable by a fine of not less than $100 nor more than $1,000].
(b) An offense under this section is a Class B misdemeanor.
SECTION 3. Subchapter A, Chapter 62, Government Code, is
amended by adding Sections 62.0142, 62.022, and 62.023 to read as
follows:
Sec. 62.0142. POSTPONEMENT OF JURY SERVICE. (a) A person
summoned for jury service may request a postponement of the
person's initial appearance for jury service. The person may
request the postponement by contacting the clerk of the court in
person, in writing, or by telephone before the date on which the
person is summoned to appear.
(b) On receipt of a request under Subsection (a), the clerk
of the court shall grant the person a postponement if:
(1) the person has not been granted a postponement in
that county during the one–year period preceding the date on which
the person is summoned to appear; and
(2) the person and the clerk determine a substitute
date on which the person will appear for jury service that is not
later than six months after the date on which the person was
originally summoned to appear.
(c) A person who receives a postponement under Subsection
(b) may request a subsequent postponement in the manner described
by Subsection (a). The clerk of the court may approve the
subsequent postponement only because of an extreme emergency that
could not have been anticipated, such as a death in the person's
family, sudden serious illness suffered by the person, or a natural
disaster or national emergency in which the person is personally
involved. Before the clerk may grant the subsequent postponement,
the person and the clerk must determine a substitute date on which
the person will appear for jury service that is not later than six
months after the date on which the person was to appear after the
postponement under Subsection (b).
Sec. 62.022. ADDITIONAL REIMBURSEMENT FOR PETIT
JURORS. (a) In addition to the reimbursement provided by Section
61.001, a petit juror in a civil case tried in a district court,
county court, county court at law, or justice court may be
reimbursed from the lengthy trial trust fund established under
Subchapter M, Chapter 51, for costs incurred due to jury service
during the 4th through the 10th days that the person serves on a
jury. A juror is eligible for reimbursement under this subsection
if the juror served on the jury for at least 10 days and the court
finds that, as a result of the jury service and despite any
reimbursement to which the juror is entitled under Subsection (b),
the juror incurred costs that have a substantial adverse effect on
the necessary daily living expenses of the juror or persons for whom
the juror provides the primary financial support. Reimbursement
under this subsection may not exceed $100 for each day or fraction
of each day for which reimbursement is paid.
(b) In addition to the reimbursement provided by Section
61.001, a petit juror in a civil case tried in a district court,
county court, county court at law, or justice court may be
reimbursed from the lengthy trial trust fund established under
Subchapter M, Chapter 51, for any income the person did not receive
due to jury service for each day or fraction of each day on which the
person served on a jury after the 10th day of that service, minus
any amount the person's employer paid to the person during that
service after the 10th day. Reimbursement under this subsection
may not exceed $300 for each day or fraction of each day for which
the reimbursement is paid.
(c) To receive reimbursement from the lengthy trial trust
fund, a petit juror who qualifies under Subsection (a) or (b) must
submit a request for reimbursement to the court in which the case
for which the person served as a juror was tried. The request must
be made on a form provided to the court by the Office of Court
Administration of the Texas Judicial System and must include:
(1) the amount of the person's regular compensation
when not serving as a juror;
(2) the amount the employer paid to the person during
the person's jury service;
(3) verification of the amounts described by
Subdivisions (1) and (2), as required by the office of court
administration;
(4) an affidavit stating the person's approximate
gross weekly income if the person is self-employed or receives
income in addition to compensation from an employer;
(5) the amount requested as reimbursement from the
lengthy trial trust fund; and
(6) any other information the office of court
administration finds necessary.
(d) The court shall certify a request for reimbursement from
the lengthy trial trust fund and send the request to the office of
court administration. The office of court administration shall pay
the reimbursement directly to the person who served on the jury.
Sec. 62.023. LIMITATION ON LENGTH OF SERVICE. A person is
not required to appear for jury service for more than one day unless
the person is selected to serve on a particular jury or is being
considered to serve on a particular jury. Once selected, a juror
shall serve on the jury until the jury renders a verdict, unless
excused by the court.
SECTION 4. Section 62.102, Government Code, is amended to
read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless the person
[he]:
(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in
which the person [he] is to serve as a juror;
(3) is qualified under the constitution and laws to
vote in the county in which the person [he] is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) has not served as a petit juror [for six days]
during the preceding three years [months in the county court or
during the preceding six months in the district court];
(7) has not been convicted of a felony; and
(8) is not under indictment or other legal accusation
of misdemeanor or felony theft or any other felony.
SECTION 5. Section 62.103(b), Government Code, is amended
to read as follows:
(b) A court may suspend the qualification for jury service
that requires a person to have not served as a petit juror during
the preceding three years [less than six days of service as a petit
juror during the preceding three months in the county court or
during the preceding six months in the district court] if it appears
to the court that the county's sparse population makes its
enforcement seriously inconvenient.
SECTION 6. Section 62.106, Government Code, is amended to
read as follows:
Sec. 62.106. EXEMPTIONS [EXEMPTION] FROM JURY
SERVICE. (a) A person qualified to serve as a petit juror may
establish an exemption from jury service if the person:
(1) is over 70 years of age;
(2) [has legal custody of a child younger than 10 years
of age and the person's service on the jury requires leaving the
child without adequate supervision;
[(3)] is a student of a public or private secondary
school;
(3) [(4)] is a person enrolled and in actual
attendance at an institution of higher education;
(4) [(5)] is an officer or an employee of the senate,
the house of representatives, or any department, commission, board,
office, or other agency in the legislative branch of state
government; or
(5) [(6) is summoned for service in a county with a
population of at least 200,000, unless that county uses a jury plan
under Section 62.011 and the period authorized under Section
62.011(b)(5) exceeds two years, and the person has served as a petit
juror in the county during the 24-month period preceding the date
the person is to appear for jury service;
[(7) is the primary caretaker of a person who is an
invalid unable to care for himself; or
[(8)] except as provided by Subsection (b), is
summoned for service in a county with a population of at least
250,000 and the person has served as a petit juror in the county
during the three-year period preceding the date the person is to
appear for jury service.
(b) Subsection (a)(5) [(a)(8)] does not apply if the jury
wheel in the county has been reconstituted after the date the person
served as a petit juror.
(c) A person qualified to serve as a petit juror who is
summoned to appear for jury service may apply for a hardship
exemption if:
(1) jury service would cause an undue or extreme
physical or financial hardship to the person or another person
under that person's care or supervision; or
(2) the person has a mental or physical condition that
renders the person incapable of performing as a juror.
(d) A person who applies for a hardship exemption under
Subsection (c) or the person's representative must provide to the
court documentation from a licensed physician verifying that a
mental or physical condition renders the person incapable of
performing as a juror for at least a 24–month period from the date
on which the person files the application.
(e) A court shall hear an application for an exemption under
Subsection (c) and shall grant or deny the exemption in accordance
with the procedure described by Section 62.110.
SECTION 7. Sections 62.107(a) and (b), Government Code, are
amended to read as follows:
(a) A person who is notified to appear for jury service may
establish an exemption from the service under Section 62.106(a)
[62.106] without appearing in person by filing a signed statement
of the ground of the [his] exemption with the clerk of the court
before the date on which he is summoned to appear.
(b) A person may also claim an exemption from jury service
under Section 62.106(a) [62.106] by filing with the sheriff, tax
assessor-collector, or district or county clerk of the county of
his residence a sworn statement that sets forth the ground of and
claims the exemption. The name of a person who claims an [his]
exemption by filing the sworn statement may not be placed in the
jury wheel for the ensuing year.
SECTION 8. Section 62.109, Government Code, is amended to
read as follows:
Sec. 62.109. EXEMPTION FOR [PHYSICAL OR MENTAL IMPAIRMENT
OR] INABILITY TO COMPREHEND ENGLISH. (a) The judge of a district
court by order may permanently or for a specified period exempt from
service as a juror in all the county and district courts in the
county a person [with a physical or mental impairment or] with an
inability to comprehend or communicate in the English language that
makes it impossible or very difficult for the person to serve on a
jury.
(b) A person requesting an exemption under this section must
submit to the court an affidavit stating the person's name and
address and the reason for and the duration of the requested
exemption. [A person requesting an exemption due to a physical or
mental impairment must attach to the affidavit a statement from a
physician. The affidavit and physician's statement may be
submitted to the court at the time the person is summoned for jury
service or at any other time.
[(c) The clerk of the district court shall promptly notify
the county tax assessor-collector of the name and address of each
person exempted and state whether the exemption is permanent or for
a specified period. The tax assessor-collector shall maintain a
current register showing separately the name and address of each
person permanently exempt from jury service under this section and
the name and address of each person exempt from jury service under
this section for a specified period.
[(d) A person listed on the register may not be summoned for
jury service during the period for which the person is exempt. The
name of a person listed on the register may not be placed in the jury
wheel or otherwise used in preparing the record of names from which
a jury list is selected during the period for which the person is
exempt.
[(e) A person exempt from jury service under this section
may rescind the exemption at any time by filing a signed request for
the rescission with the county tax assessor-collector.
[(f) An affidavit accompanying a request for an exemption
from jury service because of a physical or mental impairment may be
presented by the affiant or by a friend or relative of the affiant.
The affidavit must state:
[(1) the name and address of the physician whose
statement accompanies the affidavit;
[(2) whether the request is for a permanent or
temporary exemption;
[(3) the period of time for which a temporary
exemption is requested; and
[(4) that as a direct result of the physical or mental
impairment it is impossible or very difficult for the affiant to
serve on a jury.]
(c) [(g)] An affidavit accompanying a request for an
exemption from jury service because of an inability to comprehend
or communicate in the English language must be presented by the
affiant in person. The affidavit must:
(1) be sworn to by the affiant in person before the
district clerk or a deputy district clerk; and
(2) be subscribed with a statement by a third party
that the affidavit was read to the affiant before signing and that
the affiant stated that it was the affiant's [his] request to be
permanently exempted or exempted for a specified period from jury
service in the county.
(d) [(h)] The name and address of a person exempted from
jury service under this section shall be added to or deleted from
the list or register at any time permitted by law and when the names
and addresses of eligible jurors are regularly deleted or added to
the list or register.
SECTION 9. Section 62.110, Government Code, is amended to
read as follows:
Sec. 62.110. JUDICIAL EXCUSE OF JUROR. (a) A court may
hear an excuse of a prospective juror and shall determine whether
the prospective juror may be excused from jury service. The court
may delegate this determination only to another judge as defined by
Section 33.001. [Except as provided by this section, a court may
hear any reasonable sworn excuse of a prospective juror and release
him from jury service entirely or until another day of the term.]
(b) A person requesting to be excused from jury service must
take all reasonable actions to obtain a ruling on the request not
later than the date on which the person is to appear for jury
service. [Pursuant to a plan approved by the commissioners court of
the county in the same manner as a plan is approved for jury
selection under Section 62.011, the court's designee may hear any
reasonable excuse of a prospective juror and discharge the juror or
release him from jury service until a specified day of the term.]
(c) The court may grant a judicial excuse from jury service
based on undue or extreme physical or financial hardship under
Section 62.106(c) only if that service would require the
prospective juror to:
(1) abandon a person under the prospective juror's
care or supervision without an appropriate substitute caregiver
during the period of jury service;
(2) incur costs that would have a substantial adverse
effect on the necessary daily living expenses of the prospective
juror or persons for whom the prospective juror provides the
primary financial support; or
(3) suffer physical hardship that would result in
illness.
(d) The court may not grant a judicial excuse from jury
service based on undue or extreme physical or financial hardship
solely because a prospective juror would be absent from the
prospective juror's place of employment during the period of jury
service.
(e) A person asking a court to grant an excuse based on undue
or extreme physical or financial hardship must provide the court
with documentation to support the claimed hardship. Failure to
provide satisfactory supporting documentation will result in a
denial of the request to be excused. Satisfactory supporting
documentation includes, as appropriate:
(1) a federal income tax return;
(2) a medical statement from a licensed physician;
(3) proof of dependency or guardianship of another
person; or
(4) any other document the court requires.
(f) Except as provided by Section 62.107(c), the court shall
permanently excuse a person from jury service only if the court
determines that the basis of the excuse is of a permanent nature.
(g) Except as provided by Subsection (f), a person who is
excused from jury service may not be summoned until the second
anniversary of the date on which the person was excused. [The court
or the court's designee as provided by this section may not excuse a
prospective juror for an economic reason unless each party of
record is present and approves the release of the juror for that
reason.]
SECTION 10. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.029 to read as follows:
Sec. 72.029. LENGTHY TRIAL TRUST FUND. The office shall
administer the lengthy trial trust fund established under
Subchapter M, Chapter 51.
SECTION 11. Section 122.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 122.001. EMPLOYMENT PROTECTION OF JURORS [JUROR'S
RIGHT TO REEMPLOYMENT; NOTICE OF INTENT TO RETURN]. (a) A person
summoned to appear for jury service who notifies the person's
employer of the summons within a reasonable period after its
receipt and before the person's appearance for jury service may not
be terminated or removed from employment or otherwise subject to an
adverse employment action as a result of jury service. [A private
employer may not terminate the employment of a permanent employee
because the employee serves as a juror.]
(b) An employee whose employment is terminated in violation
of this section is entitled to return to the same employment that
the employee held when summoned for jury service if the employee, as
soon as practical after release from jury service, gives the
employer actual notice that the employee intends to return.
(c) An employer may not require or request that an employee
use annual, vacation, or sick leave for time spent in reporting for
jury service.
(d) On request, a court shall postpone and reschedule a
person's jury service if the person is employed by an employer who
employs five or fewer full-time employees and another employee of
the employer is summoned to appear for jury service concurrently.
Of the two employees who are summoned, the employee summoned to
appear on the earlier date or, if both employees are summoned to
appear on the same date, the second employee to notify the employer
of the summons is not eligible for a postponement under this
subsection. A postponement under this subsection is not considered
a postponement for purposes of Section 62.0142, Government Code.
SECTION 12. Sections 62.111 and 62.112, Government Code,
are repealed.
SECTION 13. (a) Except as provided by Subsections (b) and
(c) of this section, the changes in law made by this Act apply only
to a person summoned to appear for jury service on or after the
effective date of this Act. A person summoned to appear for jury
service before the effective date of this Act is governed by the law
in effect on the date the person was summoned to appear, and the
former law is continued in effect for that purpose.
(b) Section 51.961, Government Code, as added by this Act,
applies only to a suit filed on or after the effective date of this
Act. A suit filed before the effective date of this Act is governed
by the law in effect on the date the suit was filed, and the former
law is continued in effect for that purpose.
(c) Section 62.022, Government Code, as added by this Act,
applies only to a person summoned to appear for jury service on or
after January 1, 2004. A person summoned to appear for jury service
before January 1, 2004, is governed by the law in effect on the date
the person was summoned to appear, and the former law is continued
in effect for that purpose.
SECTION 14. The Office of Court Administration of the Texas
Judicial System shall adopt the rules required by Section 51.963,
Government Code, as added by this Act, not later than January 1,
2004.
SECTION 15. This Act takes effect September 1, 2003.