81R7356 YDB-D

By: Gattis H.B. No. 3783

A BILL TO BE ENTITLED

AN ACT

relating to jury assembly and administration.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.604, Government Code, is amended by amending Subsection (a) and adding Subsections (d), (e), (f), (g), (h), and (i) to read as follows:

(a) The district clerk shall collect a $60 [$30] jury fee for each civil case in which a person applies for a jury trial. The clerk of a county court or statutory county court shall collect a $60 [$22] jury fee for each civil case in which a person applies for a jury trial. The clerk shall note the payment of the fee on the court's docket. A jury fee is nonrefundable.

(d) The jury assembly and administration fund is a fund in the state treasury. The comptroller shall administer the fund.

(e) The money in the fund may only be appropriated to the secretary of state or the supreme court for the purpose of improving jury assembly and administration in this state.

(f) A district clerk shall send to the comptroller before the last day of the first month following each calendar quarter $30 of each fee collected under this section during the preceding quarter for deposit to the credit of the jury assembly and administration fund.

(g) A district clerk shall send to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer $30 of each fee collected under this section for deposit in the general fund of the county to be used only to pay for juror services.

(h) The clerk of a county court or statutory county court shall send to the comptroller before the last day of the first month following each calendar quarter $38 of each fee collected under this section during the preceding quarter for deposit to the credit of the jury assembly and administration fund.

(i) The clerk of a county court or statutory county court shall send to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer $22 of each fee collected under this section for deposit in the general fund of the county to be used only to pay for juror services.

SECTION 2. Section 62.001, Government Code, is amended to read as follows:

Sec. 62.001. JURY SOURCE; MASTER JURY LIST [RECONSTITUTION OF JURY WHEEL]. (a) The secretary of state shall compile a master jury list for each county [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 Subsection (a), the names of persons listed on a register of persons exempt from jury service may not be placed in the master jury list [wheel], as provided by Sections 62.108 and 62.109.

(c) On or before the first Monday in January, April, July, and October of each year [Each year not later than the third Tuesday in November or the date provided by Section 16.032, Election Code, for the cancellation of voter registrations, whichever is earlier], the voter registrar of each county shall furnish to the secretary of state a current voter registration list from all the precincts in the county that, except as provided by Subsection (d), includes:

(1) the complete name, mailing address, date of birth, voter registration number, and precinct number for each voter;

(2) if available, the Texas driver's license number or personal identification card or certificate number and social security number for each voter; and

(3) any other information included on the voter registration list of the county.

(d) The list required by Subsection (c) may exclude, at the option of the voter registrar of each county, the names of persons on the suspense list maintained under Section 15.081, Election Code.

(e) The voter registrar shall send a list of the names of persons excluded to the secretary of state with the list required by Subsection (c).

(f) The Department of Public Safety shall furnish a list to the secretary of state that shows the names required under Subsection (a)(2) and that contains any of the information enumerated in Subsection (c) that is available to the department, including citizenship status and county of residence. The list shall exclude the names of convicted felons, persons who are not citizens of the United States, persons residing outside the county, and the duplicate name of any registrant. The department shall furnish the list to the secretary of state on or before the first Monday in January, April, July, and October of each year.

(f-1) The district clerk of a county shall send a list of the names of persons who have recently been summoned for jury service under a plan developed in accordance with Section 62.022. The clerk shall furnish the list to the secretary of state on or before the first Monday in January, April, July, and October of each year.

(g) The secretary of state shall accept the lists furnished as provided by Subsections (c) through (f-1) [(f)]. The secretary of state shall combine the lists, and, notwithstanding Subsection (a), remove the name of each person who has recently been summoned for jury service [eliminate duplicate names, and send the combined list to each county on or before December 31 of each year or as may be required] under a plan developed in accordance with Section 62.022 [62.011]. The district clerk of a county [that has adopted a plan under Section 62.011] shall give the secretary of state notice not later than the 90th day before the date the updated master jury list is required. The list furnished the county must be in a format, electronic or printed copy, as requested by the county and must be certified by the secretary of state stating that the list contains the names required by Subsections (c) through (f), eliminating duplications. The secretary of state shall furnish the list free of charge.

[(h) If the secretary of state is unable to furnish the list as provided in this section because of the failure of the voter registrar to furnish the county voter registration list to the secretary of state, the county tax assessor-collector, sheriff, county clerk, and district clerk in the county shall meet at the county courthouse between January 1 and January 15 of the following year and shall reconstitute the jury wheel for the county, except as provided under a plan adopted under Section 62.011. The deadlines included in the plan control for preparing the list and reconstituting the wheel. The secretary of state shall send the list furnished by the Department of Public Safety as provided by Subsection (f) to the voter registrar, who shall combine the lists as described in this section for use as the juror source and certify the combined list as required of the secretary of state under Subsection (g).

[(i) The commissioners court may, instead of using the method provided by Subsections (c) through (h), contract with another governmental unit or a private person to combine the voter registration list with the list furnished by the Department of Public Safety. Subsections (c) through (h) do not apply to a county in which the commissioners court has contracted with another governmental unit or a private person under this subsection. The Department of Public Safety may not charge a fee for furnishing a list under this subsection. Each list must contain the name, date of birth, address, county of residence, and citizenship status of each person listed. If practical, each list must contain any other information useful in determining if the person is qualified to serve as a juror.

[(j) Notwithstanding Subsection (a), in a county with a population of 250,000 or more, the names of persons who are summoned for jury service in the county and who appear for service must be removed from the jury wheel and may not be maintained in the jury wheel until the third anniversary of the date the person appeared for service or until the next date the jury wheel is reconstituted, whichever date occurs earlier. This subsection applies regardless of whether the person served on a jury as a result of the summons.

[(k) In reconstituting the jury wheel, the county or district clerk shall update jury wheel cards to reflect addresses that have been changed as provided by Section 62.0146.]

SECTION 3. Section 62.019(d), Government Code, is amended to read as follows:

(d) The bailiffs and assistant and deputy bailiffs appointed by the district judges shall take care of the general panel and perform the duties in connection with the supervision of the central jury room and the general panel that are required by the district judges. They may notify prospective jurors whose names are drawn from the master jury list [wheel] or selected by other means provided by law to appear for jury service and may serve notices on absent jurors as directed by the district judge having control of the general jury panel.

SECTION 4. Subchapter A, Chapter 62, Government Code, is amended by adding Section 62.022 to read as follows:

Sec. 62.022. COUNTY JURY ADMINISTRATION PLAN. (a) On the recommendation of a majority of the district, statutory probate, statutory county, and county court judges in a county, the commissioners court, by order entered in its minutes, shall adopt a jury administration plan.

(b) The commissioners court shall submit a plan adopted under Subsection (a) to the supreme court. The plan must be approved by the supreme court or its designee before it may be implemented. The supreme court or its designee may alter or abolish the plan at any time.

(c) A plan authorized by this section must:

(1) be proposed in writing to the commissioners court by a majority of the district, statutory probate, statutory county, and county court judges in the county at a meeting of the judges called for that purpose;

(2) provide a fair, impartial, and objective jury administration process;

(3) require the local administrative judge to designate the district clerk or another person as the officer in charge of jury administration;

(4) define the jury administration officer's duties;

(5) ensure that the pool of jurors available for all courts is selected randomly; and

(6) require the documentation of any alteration made by the county to a list of persons available for assignment to a jury list.

(d) A plan authorized by this section may determine:

(1) the timing and frequency of the issuance of juror summonses;

(2) the number of jurors that may be summoned;

(3) the manner by which a juror may be rescheduled;

(4) the manner by which the name of a rescheduled juror is mixed into a jury list;

(5) the process by which panels are formed and assigned to courts;

(6) whether jurors may be summoned to one central location or to individual courts;

(7) the identity and number of persons responsible for juror orientation;

(8) the procedure for juror orientation;

(9) the identity and number of persons responsible for decisions on qualifications, exemptions, and rescheduling;

(10) the procedure for making decisions on juror qualifications, exemptions, and rescheduling;

(11) the procedure for enhancing the accuracy of the list of persons available for assignment to a jury list;

(12) whether a juror may be assigned for more than one day or one trial, and the process for making such an assignment;

(13) whether a juror may be immediately reassigned to another trial after the juror has been eliminated due to a for-cause or peremptory challenge, and the process for making the assignment;

(14) the manner in which the Internet may be used for juror communications and rescheduling;

(15) special procedures for death-qualified capital cases;

(16) whether justice of the peace or municipal courts may use jurors that have been summoned by the county; or

(17) when litigants or attorneys may be informed of the individuals who have been summoned for jury duty.

(e) The provisions of a plan that has been approved by the supreme court control to the extent the provisions conflict with another provision of this chapter.

(f) Not later than November 1 of each year that a county operates under a plan, the county shall submit a report to the supreme court that details the county's compliance with the plan. The county shall submit additional information regarding the plan or its implementation on request of the supreme court or its designee.

(g) A failure to follow a procedure governed by a plan is not a ground for appeal.

(h) The public shall be granted reasonable access to the jury administration process.

SECTION 5. 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:

(1) is at least 18 years of age;

(2) is a citizen of this state and of the county in which the person is to serve as a juror;

(3) is qualified under the constitution and laws to vote in the county in which the person 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 months in the county court or during the preceding six months in the district court;

(7) has not been convicted of [misdemeanor theft or] a felony; and

(8) is not under indictment or other legal accusation for [misdemeanor theft or] a felony.

SECTION 6. 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 12 [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 that is in session on a date that jury selection or the trial takes place;

(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;

(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

(7) [(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 7. Section 62.107(b), Government Code, is amended to read as follows:

(b) A person may also claim an exemption from jury service under Section 62.106 by filing with the sheriff, tax assessor-collector, or district or county clerk of the county of the person's [his] residence a sworn statement that sets forth the ground of and claims the exemption. The name of a person who claims the person's [his] exemption by filing the sworn statement may not be placed in the master jury list [wheel] for the ensuing year.

SECTION 8. Section 62.108(d), Government Code, is amended to read as follows:

(d) The name of a person on the register of persons permanently exempt from jury service may not be placed in the master jury list [wheel] or otherwise used in preparing the record of names from which a jury is selected.

SECTION 9. Section 62.109(d), Government Code, is amended to read as follows:

(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 master jury list [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.

SECTION 10. Sections 62.302(a) and (c), Government Code, are amended to read as follows:

(a) The county judge or a judge of a county court at law may order the drawing of names from the master jury list [wheel] if the judge considers the number of prospective jurors already drawn to be insufficient or if an interchangeable general jury panel is not drawn as provided by a county jury administration plan under Section 62.022 [Section 62.016, 62.017, or 62.0175].

(c) The county judge and a judge of a county court at law concurrently have the same power to determine and remedy a deficiency in the number of prospective jurors as the district judge designated to control a general jury panel as provided by a county jury administration plan under Section 62.022 [Section 62.016, 62.017, or 62.0175]. Except as otherwise provided by this section, the applicable general provisions in Subchapter A that govern the drawing of names of prospective jurors by the district judge govern the drawing of names under this section.

SECTION 11. Section 101.0611, Government Code, is amended to read as follows:

Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of a district court shall collect fees and costs under the Government Code as follows:

(1) appellate judicial system filing fees for:

(A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5;

(B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5;

(C) Third Court of Appeals District (Sec. 22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5;

(F) Eleventh Court of Appeals District (Sec. 22.2121, Government Code) . . . $5; and

(G) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5;

(2) when administering a case for the Rockwall County Court at Law (Sec. 25.2012, Government Code) . . . civil fees and court costs as if the case had been filed in district court;

(3) additional filing fees:

(A) for each suit filed for insurance contingency fund, if authorized by the county commissioners court (Sec. 51.302, Government Code) . . . not to exceed $5; and

(B) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15;

(4) for filing a suit, including an appeal from an inferior court:

(A) for a suit with 10 or fewer plaintiffs (Sec. 51.317, Government Code) . . . $50;

(B) for a suit with at least 11 but not more than 25 plaintiffs (Sec. 51.317, Government Code) . . . $75;

(C) for a suit with at least 26 but not more than 100 plaintiffs (Sec. 51.317, Government Code) . . . $100;

(D) for a suit with at least 101 but not more than 500 plaintiffs (Sec. 51.317, Government Code) . . . $125;

(E) for a suit with at least 501 but not more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or

(F) for a suit with more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $200;

(5) for filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition (Sec. 51.317, Government Code) . . . $15;

(6) for issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed (Sec. 51.317, Government Code) . . . $8;

(7) for records management and preservation (Sec. 51.317, Government Code) . . . $10;

(8) for issuing a subpoena, including one copy (Sec. 51.318, Government Code) . . . $8;

(9) for issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section 51.317, or any other writ or process not otherwise provided for, including one copy if required by law (Sec. 51.318, Government Code) . . . $8;

(10) for searching files or records to locate a cause when the docket number is not provided (Sec. 51.318, Government Code) . . . $5;

(11) for searching files or records to ascertain the existence of an instrument or record in the district clerk's office (Sec. 51.318, Government Code) . . . $5;

(12) for abstracting a judgment (Sec. 51.318, Government Code) . . . $8;

(13) for approving a bond (Sec. 51.318, Government Code) . . . $4;

(14) for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page (Sec. 51.318, Government Code) . . . $1;

(15) for a noncertified copy, for each page or part of a page (Sec. 51.318, Government Code) . . . not to exceed $1;

(16) fee for performing a service:

(A) related to the matter of the estate of a deceased person (Sec. 51.319, Government Code) . . . the same fee allowed the county clerk for those services;

(B) related to the matter of a minor (Sec. 51.319, Government Code) . . . the same fee allowed the county clerk for the service;

(C) of serving process by certified or registered mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or constable is authorized to charge for the service under Section 118.131, Local Government Code; and

(D) prescribed or authorized by law but for which no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;

(17) jury fee (Sec. 51.604, Government Code) . . . $60 [$30];

(18) additional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter 6, Family Code, if authorized by the county commissioners court (Sec. 51.961, Government Code) . . . not to exceed $30;

(19) at a hearing held by an associate judge in Dallas County, a court cost to preserve the record, in the absence of a court reporter, by other means (Sec. 54.509, Government Code) . . . as assessed by the referring court or associate judge; and

(20) at a hearing held by an associate judge in Duval County, a court cost to preserve the record (Sec. 54.1151, Government Code) . . . as imposed by the referring court or associate judge.

SECTION 12. Section 101.0811, Government Code, is amended to read as follows:

Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of a statutory county court shall collect fees and costs under the Government Code as follows:

(1) appellate judicial system filing fees:

(A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5;

(B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5;

(C) Third Court of Appeals District (Sec. 22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5;

(F) Eleventh Court of Appeals District (Sec. 22.2121, Government Code) . . . $5; and

(G) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5;

(2) an official court reporter fee, County Court at Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;

(3) in Brazoria County, in matters of concurrent jurisdiction with the district court, fees (Sec. 25.0222, Government Code) . . . as prescribed by law for district judges according to the nature of the matter;

(4) a court reporter fee when testimony is taken in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3;

(5) a stenographer fee, if a record or part of a record is made:

(A) in a county court at law in Hidalgo County (Sec. 25.1102, Government Code) . . . $20; and

(B) in a county court at law in Nolan County (Sec. 25.1792, Government Code) . . . $25;

(6) jury fee (Sec. 51.604, Government Code) . . . $60 [$22];

(7) an additional filing fee:

(A) for each civil case filed to be used for court-related purposes for the support of the judiciary, if authorized by the county commissioners court (Sec. 51.702, Government Code) . . . $40; and

(B) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15;

(8) the official court reporter's fee taxed as costs in civil actions in a statutory county court:

(A) in Bexar County Courts at Law:

(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 (Sec. 25.0172, Government Code) . . . taxed in the same manner as the fee is taxed in district court; and

(ii) No. 2 (Sec. 25.0172, Government Code) . . . $3;

(B) in Galveston County (Sec. 25.0862, Government Code) . . . taxed in the same manner as the fee is taxed in civil cases in the district courts; and

(C) in Parker County (Sec. 25.1862, Government Code) . . . taxed in the same manner as the fee is taxed in civil cases in the district courts;

(9) a stenographer's fee as costs in each civil, criminal, and probate case in which a record is made by the official court reporter in a statutory county court in Nolan County (Sec. 25.1792, Government Code) . . . $25;

(10) in Nueces County, in matters of concurrent jurisdiction with the district court, with certain exceptions, fees (Sec. 25.1802, Government Code) . . . equal to those in district court cases; and

(11) a fee not otherwise listed in this subchapter that is required to be collected under Section 25.0008, Government Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, Victoria, and Williamson . . . as prescribed by law relating to county judges' fees.

SECTION 13. Section 101.1011, Government Code, is amended to read as follows:

Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of a statutory probate court shall collect fees and costs under the Government Code as follows:

(1) appellate judicial system filing fees:

(A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5;

(B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5;

(C) Third Court of Appeals District (Sec. 22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5;

(F) Eleventh Court of Appeals District (Sec. 22.2121, Government Code) . . . $5; and

(G) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5;

(2) additional filing fees as follows:

(A) for certain cases to be used for court-related purposes for support of the judiciary, if authorized by the county commissioners court (Sec. 51.704, Government Code) . . . $40; and

(B) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15;

(3) jury fee for civil case (Sec. 51.604, Government Code) . . . $60 [$22];

(4) the expense of preserving the record as a court cost, if imposed on a party by the referring court or associate judge (Sec. 54.612, Government Code) . . . actual cost; and

(5) a fee not otherwise listed in this subchapter that is required to be collected under Section 25.0029, Government Code (Sec. 25.0029, Government Code) . . . as prescribed by law relating to county judges' fees.

SECTION 14. Section 101.1212, Government Code, is amended to read as follows:

Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of a county court shall collect the following fees and costs under the Government Code:

(1) appellate judicial system filing fees:

(A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5;

(B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5;

(C) Third Court of Appeals District (Sec. 22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5;

(F) Eleventh Court of Appeals District (Sec. 22.2121, Government Code) . . . $5; and

(G) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5;

(2) a jury fee (Sec. 51.604, Government Code) . . . $60 [$22]; and

(3) a filing fee in each civil case filed to be used for court-related purposes for the support of the judiciary (Sec. 51.703, Government Code) . . . $40.

SECTION 15. Section 102.101, Government Code, is amended to read as follows:

Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows:

(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $10 [$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;

(3) [(4)] a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4;

(4) [(5)] a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . $4;

(5) [(6)] a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5;

(6) [(7)] a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30; and

(7) [(8)] a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . . not to exceed $7.

SECTION 16. Section 102.121, Government Code, is amended to read as follows:

Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows:

(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $10 [$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;

(3) [(4)] a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3;

(4) [(5)] a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; and

(5) [(6)] a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5.

SECTION 17. Article 19.16, Code of Criminal Procedure, is amended to read as follows:

Art. 19.16. ABSENT JUROR FINED. A juror legally summoned, failing to attend without a reasonable excuse, may, by order of the court entered on the record, be fined not less than $100 [ten dollars] nor more than $1,000 [one hundred dollars].

SECTION 18. Article 19.25, Code of Criminal Procedure, is amended to read as follows:

Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who does not possess the requisite qualifications shall be excused by the court from serving. The following qualified persons may be excused from grand jury service:

(1) a person older than 70 years;

(2) a person responsible for the care of a child younger than 14 [18] years;

(3) a student of a public or private secondary school;

(4) a person enrolled and in actual attendance at an institution of higher education; and

(5) any other person that the court determines has a reasonable excuse from service.

SECTION 19. Article 35.01, Code of Criminal Procedure, is amended to read as follows:

Art. 35.01. JURORS CALLED. When a case is called for trial and the parties have announced ready for trial, the names of those summoned as jurors in the case shall be called. Those not present may be fined not less than $100 nor more than $1,000 [exceeding fifty dollars]. An attachment may issue on request of either party for any absent summoned juror, to have him brought forthwith before the court. A person who is summoned but not present, may upon an appearance, before the jury is qualified, be tried as to his qualifications and impaneled as a juror unless challenged, but no cause shall be unreasonably delayed on account of his absence.

SECTION 20. Articles 102.004(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) A defendant convicted by a jury in a trial before a justice or municipal court shall pay a jury fee of $10 [$3]. [A defendant in a justice or municipal court who requests a trial by jury and who withdraws the request not earlier than 24 hours before the time of trial shall pay a jury fee of $3, if the defendant is convicted of the offense or final disposition of the defendant's case is deferred.] A defendant convicted by a jury in a county court, a county court at law, or a district court shall pay a jury fee of $20. A jury fee is nonrefundable.

(b) If two or more defendants are tried jointly in a justice or municipal court, only one jury fee of $10 [$3] may be imposed under this article. If the defendants sever and are tried separately, each defendant convicted shall pay a jury fee. A jury fee is nonrefundable.

SECTION 21. (a) Sections 62.002, 62.003, 62.004, 62.005, 62.006, 62.007, 62.008, 62.009, 62.010, 62.011, 62.0111, 62.012, 62.013, 62.014, 62.0142, 62.0145, 62.0146, 62.015, 62.016, 62.017, 62.0175, 62.018, 62.021, and 62.111, Government Code, are repealed.

(b) Articles 35.03, 35.04, 35.05, 35.11, and 35.12, Code of Criminal Procedure, are repealed.

SECTION 22. This Act takes effect September 1, 2009.