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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursement for jury service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.001, Government Code, is amended to |
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read as follows: |
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Sec. 61.001. REIMBURSEMENT OF EXPENSES OF JURORS AND |
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PROSPECTIVE JURORS. (a) Except as provided by Subsection (c), a |
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person who reports for jury service in response to the process of a |
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court [Each grand juror or petit juror in a civil or criminal case
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in a district court, criminal district court, county court, county
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court at law, or justice court] is entitled to receive as |
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reimbursement for travel and other expenses an amount: |
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(1) not less than $6 for the first day or fraction of |
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the first day the person is in attendance in court in response to |
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the process and discharges the person's duty for that day [served as
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a juror]; and |
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(2) not less than $40 for each day or fraction of each |
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day the person is in attendance in court in response to the process |
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[served as a juror] after the first day and discharges the person's |
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duty for that day. |
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(b) [Except as provided by Subsection (d), a person who
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responds to the process of a court but is excused from petit jury
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service by the court for any cause after the person's voir dire
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examination is entitled to receive as reimbursement for travel and
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other expenses an amount not less than $6 nor more than $50 for each
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day or fraction of each day in attendance in court in response to
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the process.
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[(c)] In preparing and approving the annual budget for a |
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county, the [The] commissioners court of the [each] county shall |
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determine [annually] the daily amount of reimbursement for [of] |
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expenses for a person who reports for jury service and discharges |
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the person's duty [jurors]. The amount of [Except as provided by
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Subsection (d), the] reimbursement for each day must be within the |
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minimum and maximum amounts prescribed by this section and paid out |
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of the jury fund of the county. The commissioners court may set |
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different daily amounts of reimbursement [reimbursements] for: |
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(1) grand and petit jurors; or |
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(2) different petit jurors based on: |
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(A) whether a juror serves in a small claims |
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court, justice court, constitutional county court, county court at |
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law, or district court; or |
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(B) any other reasonable criteria determined by |
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the commissioners court. |
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(c) A person who reports for jury service in a municipal |
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court is not entitled to reimbursement under this chapter, but the |
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municipality may provide reimbursement for expenses to the person |
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in an amount to be determined by the municipality. |
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(d) [(c-1)] In a specific case, the presiding judge, with |
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the agreement of the parties involved or their attorneys, may |
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increase the daily amount of reimbursement for a person who reports |
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for jury service [reimbursement for jurors] in that case [to an
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amount not to exceed the maximum amount prescribed by this
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section]. The difference between the usual daily amount of |
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reimbursement and the daily amount of reimbursement for a person |
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who reports for jury service [reimbursement and the reimbursement
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for jurors] in a specific case shall be paid, in equal amounts, by |
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the parties involved in the case. |
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[(d) The commissioners court of a county may reduce or
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eliminate the daily reimbursement prescribed by this section for
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persons who attend court for only one day or a fraction of one day.
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The funds retained by a county as a result of reducing or
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eliminating reimbursement as provided by this subsection may only
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be used to increase the daily reimbursement prescribed by this
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section for jurors and for persons who attend court for more than
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one day.] |
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(e) A check drawn on the jury fund by the district clerk of |
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the county may be transferred by endorsement and delivery and is |
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receivable at par from the holder for all county taxes. |
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(f) A reimbursement for expenses under this section is not a |
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property right of a person who reports for jury service [juror or
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prospective juror] for purposes of Chapters 72 and 74, Property |
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Code. If a check or other instrument representing a reimbursement |
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under this section is not presented for payment or redeemed before |
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the 90th day after it is issued: |
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(1) the instrument is considered forfeited and is |
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void; and |
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(2) the money represented by the instrument may be |
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placed in the county's jury fund, the county's general fund, or any |
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other fund in which county funds can be legally placed, at the |
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discretion of the commissioners court. |
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SECTION 2. Chapter 61, Government Code, is amended by |
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adding Section 61.0011 to read as follows: |
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Sec. 61.0011. DEFINITION OF PERSON WHO REPORTS FOR JURY |
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SERVICE. In this chapter, the term "person who reports for jury |
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service" means a person who reports in person for duty on a grand |
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jury or a petit jury, regardless of whether the person is selected |
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to serve on the jury. |
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SECTION 3. Section 61.0015(a), Government Code, is amended |
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to read as follows: |
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(a) The state shall reimburse a county $34 a day for the |
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reimbursement paid under Section 61.001 to a person who reports for |
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jury service in response to the process of a court [grand juror or
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petit juror under Section 61.001] for each day or fraction of each |
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day [served as a juror] after the first day in attendance in court |
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in response to the process. |
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SECTION 4. Sections 61.002(a) and (c), Government Code, are |
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amended to read as follows: |
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(a) If a civil case is moved by change of venue and tried in |
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another county by a jury, the county in which the case was |
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originally filed is liable for the payment of persons who report for |
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jury service for [jurors serving in the trial of] the case. |
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(c) The commissioners court shall prepare an account |
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against another county that is liable for the payment of persons who |
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report for jury service [jurors] in a case transferred on a change |
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of venue. The account must show the number of days that each person |
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who reported for jury service was in attendance in court in response |
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to the process and discharged the person's duty [the jury served] |
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and the amount paid as reimbursement under this chapter [for jury
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service] in the case. |
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SECTION 5. Sections 61.003(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) Each person who reports [prospective juror reporting] |
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for jury service shall be personally provided a form letter that |
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when signed by the person [prospective juror] directs the county |
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treasurer to donate all of the person's reimbursement under this |
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chapter [prospective juror's reimbursement for jury service] to: |
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(1) the compensation to victims of crime fund under |
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Subchapter B, Chapter 56, Code of Criminal Procedure; |
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(2) the child welfare board of the county appointed |
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under Section 264.005, Family Code; |
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(3) any program selected by the commissioners court |
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that is operated by a public or private nonprofit organization and |
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that provides shelter and services to victims of family violence; |
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or |
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(4) any other program approved by the commissioners |
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court of the county. |
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(b) The county treasurer or a designated county employee |
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shall collect each form letter directing the county treasurer to |
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donate the [a prospective juror's] reimbursement of a person who |
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reports for jury service. |
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(c) The county treasurer shall: |
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(1) send all donations made under Subsection (a)(1) to |
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the comptroller, at the time and in the manner prescribed by the |
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attorney general, for deposit to the credit of the compensation to |
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victims of crime fund; |
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(2) deposit donations made to the county child welfare |
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board under Subsection (a)(2) in a fund established by the county to |
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be used by the child welfare board in a manner authorized by the |
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commissioners court of the county; and |
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(3) send all donations made under Subsection (a)(3) or |
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(a)(4) directly to the program specified on the form letter signed |
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by the person who reported for jury service [prospective juror]. |
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SECTION 6. The change in law made by this Act applies only |
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to a person summoned to appear for jury service who is required to |
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appear on or after the effective date of this Act. A person |
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summoned to appear for jury service who is required to appear before |
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the effective date of this Act is governed by the law in effect on |
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the date the person is required to appear, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |