BILL ANALYSIS

H.B. 1313

By: Fletcher

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties explain that, because Texas driver's license information is used to generate a jury wheel and a Texas driver's license is not automatically canceled upon a person's death, the person's survivors can receive a jury summons for a deceased loved one years after the person's passing. The parties suggest that this can be upsetting for the person's survivors. H.B. 1313 seeks to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1313 amends the Government Code to require the Department of Public Safety (DPS) to exclude the names of deceased persons from the list of names furnished by DPS as a source for the reconstitution of a jury wheel. The bill requires the secretary of state, at least quarterly, to furnish to DPS information obtained by the secretary of state under the Election Code relating to deceased residents of Texas that will assist DPS in ensuring the accuracy of names provided for the jury wheel by allowing DPS to exclude the names of deceased persons from the furnished list of names.

H.B. 1313 requires a county or district clerk to remove from the jury wheel the jury wheel card of a deceased person or remove a deceased person's name from the record of names for selection of persons for jury service. The bill requires the secretary of state, using the information obtained by the secretary of state relating to deceased residents of Texas, to establish a method of informing county and district clerks regarding the deaths of persons who resided in the counties served by the clerks for purposes of the bill's provisions.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.