79R2074 RMB-D
By: Keffer of Dallas 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 51, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. ADDITIONAL FILING FEE FOR LENGTHY TRIAL TRUST FUND
Sec. 51.981. 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. 51.982. EXEMPTIONS. The following are exempt from
paying the filing fee imposed by Section 51.981(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. 51.983. 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 51.982(5).
Sec. 51.984. 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
51.981(a) or Article 102.0045(a), Code of Criminal Procedure.
(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. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0045 to read as
follows:
Art. 102.0045. FEE FOR LENGTHY TRIAL TRUST FUND. (a) A
defendant convicted of an offense in a district court, county
court, county court at law, or justice court shall pay a $20 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 comptroller shall deposit the fees received under
this article 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 Subchapter N, Chapter 51, Government Code.
(e) The office of court administration shall adopt rules and
procedures for the distribution of funds collected under this
article and rules regarding actions and proceedings described by
Subsection (c)(2) of this article.
SECTION 3. 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 4. 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 or criminal 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 N, Chapter 51, 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. 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 or criminal 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 N, 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 fifth day of that
service, minus any amount the person's employer paid to the person
during that service after the fifth 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 5. 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 6. 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 N, Chapter 51.
SECTION 7. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.062 to read as follows:
Sec. 101.062. DISTRICT COURT FEES: ADDITIONAL FEE FOR
LENGTHY TRIAL TRUST FUND. The clerk of a district court shall
collect 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, an additional filing fee
of $20 under Section 51.981 to fund the lengthy trial trust fund.
SECTION 8. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.083 to read as follows:
Sec. 101.083. STATUTORY COUNTY COURT FEES: ADDITIONAL FEE
FOR LENGTHY TRIAL TRUST FUND. The clerk of a statutory county court
shall collect 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, an additional filing fee
of $20 under Section 51.981 to fund the lengthy trial trust fund.
SECTION 9. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.103 to read as follows:
Sec. 101.103. STATUTORY PROBATE COURT FEES: ADDITIONAL FEE
FOR LENGTHY TRIAL TRUST FUND. The clerk of a statutory probate
court shall collect 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, an additional filing fee
of $20 under Section 51.981 to fund the lengthy trial trust fund.
SECTION 10. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.123 to read as follows:
Sec. 101.123. COUNTY COURT FEES: ADDITIONAL FEE FOR
LENGTHY TRIAL TRUST FUND. The clerk of a county court shall collect
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, an additional filing fee of $20 under
Section 51.981 to fund the lengthy trial trust fund.
SECTION 11. Section 101.141(a), Government Code, is amended
to read as follows:
(a) A clerk of a justice court shall collect fees and costs
as follows:
(1) additional court cost in certain civil cases to
establish and maintain an alternative dispute resolution system, if
authorized by the commissioners court of a county with a population
of at least 2.5 million (Sec. 152.005, Civil Practice and Remedies
Code) . . . not to exceed $3;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; [and]
(B) for filing 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, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $2; and
(C) for filing 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, to fund the lengthy
trial trust fund (Sec. 51.981, Government Code) . . . $20;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; and
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 685.008, Transportation Code) . . . $10.
SECTION 12. 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 the lengthy trial trust fund (Art.
102.0045, Code of Criminal Procedure) . . . $20.
SECTION 13. 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 lengthy trial trust fund (Art.
102.0045, Code of Criminal Procedure) . . . $20.
SECTION 14. 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 lengthy trial trust fund (Art.
102.0045, Code of Criminal Procedure) . . . $20.
SECTION 15. 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 lengthy trial trust fund (Art.
102.0045, Code of Criminal Procedure) . . . $20.
SECTION 16. (a) Except as provided by Subsections (b), (c),
and (d) 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 51.981, 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 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.
(d) 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 17. The Office of Court Administration of the Texas
Judicial System shall adopt the rules required by Section 51.983,
Government Code, as added by this Act, and Article 102.0045(e),
Code of Criminal Procedure, as added by this Act, not later than
January 1, 2006.
SECTION 18. This Act takes effect September 1, 2005.