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79R16582 RMB-D


By:  Keffer of Dallas                                             H.B. No. 1477

Substitute the following for H.B. No. 1477:                                   

By:  Hartnett                                                 C.S.H.B. No. 1477


A BILL TO BE ENTITLED
AN ACT
relating to jury service. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 61, Government Code, is amended by adding Sections 61.004 and 61.005 to read as follows: Sec. 61.004. LENGTHY TRIAL TRUST FUND IN CERTAIN COUNTIES. (a) This section applies only to a county in which the commissioners court adopts a resolution authorizing the creation of a county lengthy trial trust fund and the collection of fees under this section. A resolution under this subsection continues from year to year allowing the county to collect fees under the terms of this section, Section 706.0045, Transportation Code, and Article 102.0045, Code of Criminal Procedure, until the resolution is rescinded. (b) The commissioners court of a county by order may create a county lengthy trial trust fund into which may be deposited: (1) administrative fees collected under Section 706.0045, Transportation Code; and (2) fees collected as a cost of court under Article 102.0045, Code of Criminal Procedure. (c) The county lengthy trial trust fund shall be administered by or under the direction of the commissioners court. A fund designated by this subsection may be used only to pay jurors who qualify for reimbursement under Section 61.005. (d) The commissioners court of the county shall determine the amount of reimbursement under Section 61.005. In determining the amount of reimbursement, the commissioners court shall consider the amount of money entering the fund. The amount of reimbursement may be changed by the commissioners court at any time. Sec. 61.005. ADDITIONAL REIMBURSEMENT FOR PETIT JURORS IN CERTAIN COUNTIES. (a) In addition to the reimbursement provided by Section 61.001, a petit juror in a civil or criminal case tried in a district court, county court, county court at law, or justice court in a county in which the commissioners court adopts a resolution authorizing the creation of a county lengthy trial trust fund may be reimbursed from the county lengthy trial trust fund established under Section 61.004 for costs incurred due to jury service for each day or fraction of each day on which the person served on a jury after the fifth day of that service. A juror is eligible for reimbursement under this subsection if 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. (b) In addition to the reimbursement provided by Section 61.001, a petit juror in a civil or criminal case tried in a district court, county court, county court at law, or justice court in a county in which the commissioners court adopts a resolution authorizing the creation of a county lengthy trial trust fund may be reimbursed from the county lengthy trial trust fund established under Section 61.004 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 fifth day of that service, minus any amount the person's employer paid to the person during that service after the fifth day. (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 commissioners court of the county 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 commissioners court; (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 county lengthy trial trust fund; and (6) any other information the commissioners court finds necessary. (d) The court shall certify a request for reimbursement from the county lengthy trial trust fund and send the request to the commissioners court. The commissioners court shall pay the reimbursement directly to the person who served on the jury. SECTION 2. Section 706.002, Transportation Code, is amended by adding Subsection (a-1) to read as follows: (a-1) A county in which the commissioners court adopts a resolution authorizing the creation of a county lengthy trial trust fund under Section 61.004, Government Code, may contract with the department to provide information necessary for the department to assess a fee under Section 706.0045 against or deny renewal of the driver's license of a person summoned for jury service who is qualified to serve as a juror and does not comply with the jury summons as required by law. SECTION 3. Chapter 706, Transportation Code, is amended by adding Section 706.0045 to read as follows: Sec. 706.0045. FEE FOR FAILURE TO ANSWER JURY SUMMONS. (a) If a county in which the commissioners court adopts a resolution authorizing the creation of a county lengthy trial trust fund under Section 61.004, Government Code, has contracted with the department, on receiving the necessary information from the county the department shall charge an additional fee of $15 for renewal of the driver's license of a person summoned for jury service who is qualified to serve as a juror and does not comply with the jury summons as required by law. (b) The information must include: (1) the name, date of birth, and driver's license number of the person; (2) the date the person was summoned for jury service; (3) a statement that the person failed to appear for jury service as required by law; and (4) any other information required by the department. (c) The department may deny renewal of the driver's license of a person who does not pay a fee due under this section until the fee is paid. The fee required by this section is in addition to any other fee required by law. (d) The department 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 for deposit in a county lengthy trial trust fund established under Section 61.004, Government Code. SECTION 4. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.0045 to read as follows: Art. 102.0045. FEE FOR COUNTY LENGTHY TRIAL TRUST FUND. (a) The commissioners court of a county may require a defendant convicted of an offense in a district court, county court, county court at law, or justice court to pay a $20 county lengthy trial trust fund fee as a cost of court. (b) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (c) The following are exempt from paying the fee on conviction imposed by Subsection (a) of this article: (1) a defendant who is indigent; and (2) a defendant in an 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. (d) The clerk of a district court, county court, county court at law, or justice court shall collect the fees under this section and pay the funds to the county treasurer, or to any other official who discharges the duties commonly delegated to the county treasurer, for deposit in the county lengthy trial trust fund established under Section 61.004, Government Code. (e) The county lengthy trial trust fund shall be administered by or under the direction of the commissioners court of the county. A fund designated by this subsection may be used only to pay jurors who qualify for reimbursement under Section 61.005, Government Code. SECTION 5. Section 62.0141, Government Code, is amended to read as follows: Sec. 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to any criminal penalty prescribed by law, a person summoned for jury service who does not comply with the summons as required by law or who knowingly provides false information in a request for an exemption or to be excused from jury service is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000. SECTION 6. Subchapter A, Chapter 62, Government Code, is amended by adding Sections 62.0142 and 62.022 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. LIMITATION ON LENGTH OF SERVICE. (a) This section applies only to a person required to appear for jury service in a county with a population of 500,000 or more. (b) 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. (c) A county with a population of less than 500,000 may elect to apply the limitation on jury service in this section. SECTION 7. Section 62.106(a), Government Code, is amended to read as follows: (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; (4) is a person enrolled and in actual attendance at an institution of higher education; (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 and the person is required to appear during a regular or special session of the legislature; (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; (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; or (9) is a member of the United States military forces serving on active duty and deployed to a location away from the person's home station and out of the person's county of residence. SECTION 8. Section 102.041, Government Code, is amended to read as follows: Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN DISTRICT COURT. The clerk of a district court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $20; (4) a security fee on a felony offense (Art. 102.017, Code of Criminal Procedure) . . . $5; (5) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (6) a graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $5; [and] (7) a court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) . . . $4; and (8) a fee for a county lengthy trial trust fund, if authorized by the commissioners court (Art. 102.0045, Code of Criminal Procedure) . . . an amount set by the commissioners court. SECTION 9. Section 102.061, Government Code, is amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT. The clerk of a statutory county court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $20; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $5; [and] (6) a court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) . . . $4; and (7) a fee for the county lengthy trial trust fund, if authorized by the commissioners court (Art. 102.0045, Code of Criminal Procedure) . . . an amount set by the commissioners court. SECTION 10. Section 102.081, Government Code, is amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT. The clerk of a county court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $20; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; [and] (5) a graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $5; and (6) a fee for the county lengthy trial trust fund, if authorized by the commissioners court (Art. 102.0045, Code of Criminal Procedure) . . . an amount set by the commissioners court. SECTION 11. Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT. A clerk of a justice court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . not to exceed $4; [and] (6) a court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) . . . $1.50; and (7) a fee for the county lengthy trial trust fund, if authorized by the commissioners court (Art. 102.0045, Code of Criminal Procedure) . . . an amount set by the commissioners court. SECTION 12. Section 103.021, Government Code, is amended to read as follows: Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs if ordered by the court or otherwise required: (1) a personal bond fee (Art. 17.42, Code of Criminal Procedure) . . . the greater of $20 or three percent of the amount of the bail fixed for the accused; (2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) . . . actual cost; (3) a fee for verification of and monitoring of motor vehicle ignition interlock (Art. 17.441, Code of Criminal Procedure) . . . not to exceed $10; (4) repayment of reward paid by a crime stoppers organization on conviction of a felony (Art. 37.073, Code of Criminal Procedure) . . . amount ordered; (5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for a misdemeanor offense or $100 for a felony offense; (6) payment to a crime stoppers organization as condition of community supervision (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50; (7) children's advocacy center fee (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50; (8) family violence shelter center fee (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $100; (9) community supervision fee (Art. 42.12, Code of Criminal Procedure) . . . not less than $25 or more than $60 per month; (10) additional community supervision fee for certain offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per month; (11) for certain financially able sex offenders as a condition of community supervision, the costs of treatment, specialized supervision, or rehabilitation (Art. 42.12, Code of Criminal Procedure) . . . all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation as determined by the judge; (12) fee for failure to appear for trial in a justice or municipal court if a jury trial is not waived (Art. 45.026, Code of Criminal Procedure) . . . costs incurred for impaneling the jury; (13) costs of certain testing, assessments, or programs during a deferral period (Art. 45.051, Code of Criminal Procedure) . . . amount ordered; (14) special expense on dismissal of certain misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . . . not to exceed amount of fine assessed; (15) an additional fee: (A) as an administrative fee for requesting a driving safety course or a course under the motorcycle operator training and safety program for certain traffic offenses to cover the cost of administering the article (Art. 45.0511(f)(1), Code of Criminal Procedure) . . . not to exceed $10; or (B) for requesting a driving safety course or a course under the motorcycle operator training and safety program before the final disposition of the case (Art. 45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the maximum amount of the fine for the offense committed by the defendant; (16) a request fee for teen court program (Art. 45.052, Code of Criminal Procedure) . . . not to exceed $10; (17) a fee to cover costs of required duties of teen court (Art. 45.052, Code of Criminal Procedure) . . . $10; (18) a mileage fee for officer performing certain services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per mile; (19) certified mailing of notice of hearing date (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage; (20) certified mailing of certified copies of an order of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, plus postage; (21) sight orders: (A) if the face amount of the check or sight order does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $10; (B) if the face amount of the check or sight order is greater than $10 but does not exceed $100 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $15; (C) if the face amount of the check or sight order is greater than $100 but does not exceed $300 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $30; (D) if the face amount of the check or sight order is greater than $300 but does not exceed $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $50; and (E) if the face amount of the check or sight order is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $75; (22) a fee for pretrial intervention program (Art. 102.012, Code of Criminal Procedure) . . . not to exceed $500; (23) parking fee violations for child safety fund in municipalities with populations: (A) greater than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not less than $2 and not to exceed $5; and (B) less than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not to exceed $5; (24) an administrative fee for collection of fines, fees, restitution, or other costs (Art. 102.072, Code of Criminal Procedure) . . . not to exceed $2 for each transaction; (25) a court reporter fee when testimony is taken: (A) in a criminal court in Dallas County (Sec. 25.0593, Government Code) . . . $3; (B) in a county criminal court of appeals in Dallas County (Sec. 25.0594, Government Code) . . . $3; (C) in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; and (D) in a county criminal court in Tarrant County (Sec. 25.2223, Government Code) . . . $3; (26) a speedy trial filing fee in El Paso County (Sec. 54.745, Government Code) . . . $100; (27) costs for use of magistrate in Brazos County (Sec. 54.1116, Government Code) . . . not to exceed $50; (28) an administrative fee for participation in certain community supervision programs (Sec. 76.015, Government Code) . . . not less than $25 and not more than $40 per month; (29) in family matters: (A) issuing writ of withholding (Sec. 8.262, Family Code) . . . $15; (B) filing copy of writ of withholding to subsequent employer (Sec. 8.267, Family Code) . . . $15; (C) issuing and delivering modified writ of withholding or notice of termination (Sec. 8.302, Family Code) . . . $15; (D) issuing and delivering notice of termination of withholding (Sec. 8.303, Family Code) . . . $15; (E) issuance of change of name certificate (Sec. 45.106, Family Code) . . . $10; (F) protective order fee (Sec. 81.003, Family Code) . . . $16; (G) filing suit requesting adoption of child (Sec. 108.006, Family Code) . . . $15; (H) filing fees for suits affecting parent-child relationship (Sec. 110.002, Family Code): (i) suit or motion for modification (Sec. 110.002, Family Code) . . . $15; (ii) motion for enforcement (Sec. 110.002, Family Code) . . . $15; (iii) notice of application for judicial writ of withholding (Sec. 110.002, Family Code) . . . $15; (iv) motion to transfer (Sec. 110.002, Family Code) . . . $15; (v) petition for license suspension (Sec. 110.002, Family Code) . . . $15; (vi) motion to revoke a stay of license suspension (Sec. 110.002, Family Code) . . . $15; and (vii) motion for contempt (Sec. 110.002, Family Code) . . . $15; (I) order or writ of income withholding to be delivered to employer (Sec. 110.004, Family Code) . . . not to exceed $15; (J) filing fee for transferred case (Sec. 110.005, Family Code) . . . $45; (K) filing a writ of withholding (Sec. 158.319, Family Code) . . . $15; (L) filing a request for modified writ of withholding or notice of termination (Sec. 158.403, Family Code) . . . not to exceed $15; (M) filing an administrative writ to employer (Sec. 158.503, Family Code) . . . not to exceed $15; and (N) genetic testing fees in relation to a child born to a gestational mother (Sec. 160.762, Family Code) . . . as assessed by the court; (30) in juvenile court: (A) fee schedule for deferred prosecution services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; (B) a teen court administration fee (Sec. 54.032, Family Code) . . . not to exceed $10; (C) court costs for juvenile probation diversion fund (Sec. 54.0411, Family Code) . . . $20; (D) a juvenile delinquency prevention fee (Sec. 54.0461, Family Code) . . . $5; and (E) a court fee for child's probationary period (Sec. 54.061, Family Code) . . . not to exceed $15 a month; (31) a court reporter service fee if the courts have official court reporters (Sec. 51.601, Government Code) . . . $15; (32) administrative fee on dismissal of charge of driving with an expired motor vehicle registration (Sec. 502.407, Transportation Code) . . . not to exceed $10; (33) administrative fee on dismissal of charge of driving with an expired driver's license (Sec. 521.026, Transportation Code) . . . not to exceed $10; (34) administrative fee on remediation of charge of driving with an expired inspection certificate (Sec. 548.605, Transportation Code) . . . not to exceed $10; (35) administrative fee for failure to appear for a complaint or citation on certain offenses (Sec. 706.006, Transportation Code) . . . $30 for each violation; (36) administrative fee for failure to pay or satisfy certain judgments (Sec. 706.006, Transportation Code) . . . $30; (37) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain cases (Sec. 411.081, Government Code) . . . $28; [and] (38) additional fee for renewal of the driver's license of a person summoned for jury service who does not comply with the jury summons as required by law (Sec. 706.0045, Transportation Code) . . . $15; and (39) on a finding that an animal's owner has cruelly treated the animal, court costs including: (A) investigation (Sec. 821.023, Health and Safety Code) . . . actual costs; (B) expert witnesses (Sec. 821.023, Health and Safety Code) . . . actual costs; (C) housing and caring for the animal during its impoundment (Sec. 821.023, Health and Safety Code) . . . actual costs; (D) conducting any public sale ordered by the court (Sec. 821.023, Health and Safety Code) . . . actual costs; and (E) humanely destroying the animal if destruction is ordered by the court (Sec. 821.023, Health and Safety Code) . . . actual costs. 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 who is required to appear on or after the effective date of this Act. A person summoned to appear for jury service who is required to appear before the effective date of this Act is governed by the law in effect on the date the person is required to appear, and the former law is continued in effect for that purpose. (b) Section 61.005, Government Code, as added by this Act, applies only to a person summoned to appear for jury service who is required to appear on or after January 1, 2006. A person summoned to appear for jury service who is required to appear before January 1, 2006, is governed by the law in effect on the date the person is required to appear, and the former law is continued in effect for that purpose. (c) Article 102.0045, Code of Criminal Procedure, as added by this Act, applies only to a defendant convicted of a criminal offense that is committed on or after the effective date of this Act. A defendant convicted of a criminal offense that is committed before the effective date of this Act is governed by the law in effect at the time the offense was committed, and that law is continued in effect for that purpose. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date. SECTION 14. This Act takes effect September 1, 2005.