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A BILL TO BE ENTITLED
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AN ACT
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relating to voter information used for juror selections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 62.001(a), (b), (c), (f), (g), and (h), |
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Government Code, are amended to read as follows: |
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(a) The jury wheel must be reconstituted by using, as the |
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source: |
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(1) the names of all persons on the current statewide |
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voter registration list maintained as required under Section |
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18.061, Election Code, [lists] from all the precincts in the |
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county; and |
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(2) all names on a current list to be furnished by the |
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Department of Public Safety as required by Subsection (f), showing |
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the residents [citizens] of the county who: |
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(A) hold a valid Texas driver's license or a |
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valid personal identification card or certificate issued by the |
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department; and |
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(B) are not disqualified from jury service under |
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Section 62.102(1), (2), (3), or (8) [(7)]. |
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(b) Notwithstanding Subsection (a), the following names [of
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persons listed on a register of persons exempt from jury service] |
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may not be placed in the jury wheel: |
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(1) the names of persons listed on a registrar of |
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persons exempt from jury service[,] as provided by Sections 62.108 |
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and 62.109; and |
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(2) the names of persons on the suspense list |
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maintained by the voter registrar under Section 15.081, Election |
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Code. |
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(c) Each year not later than the third Tuesday in November |
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or the date provided by Section 16.032, Election Code, for the |
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cancellation of voter registrations, whichever is earlier, the |
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voter registrar of each county shall furnish to the secretary of |
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state a list of people exempted from jury service under Subsection |
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(b) [current voter registration list from all the precincts in the
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county that, except as provided by Subsection (d), includes:
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[(1)
the complete name, mailing address, date of
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birth, voter registration number, and precinct number for each
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voter;
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[(2)
if available, the Texas driver's license number
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or personal identification card or certificate number and social
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security number for each voter; and
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[(3)
any other information included on the voter
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registration list of the county]. |
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(f) The Department of Public Safety shall furnish a list to |
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the secretary of state that shows the names required under |
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Subsection (a)(2) and that contains any [of the] information |
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[enumerated in Subsection (c) that is] available to the department |
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regarding a person's residential address, mailing address, date of |
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birth, Texas driver's license number or personal identification |
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card or certificate number, social security number, [including] |
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citizenship status, and county of residence. The list shall |
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exclude the names of convicted felons, persons who are not citizens |
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of the United States, persons residing outside the county, and the |
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duplicate name of any registrant. The department shall furnish the |
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list to the secretary of state on or before the first Monday in |
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October of each year. |
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(g) The secretary of state shall accept the lists furnished |
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as provided by Subsections (c) and [(c) through] (f). The secretary |
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of state shall combine the list furnished under Subsection (f) with |
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the information on the statewide voter registration list maintained |
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by the voter registrar as required under Section 18.061, Election |
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Code, eliminate duplicate names and names of exempt persons on the |
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list provided to the secretary of state under Subsection (c) |
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[lists, eliminate duplicate names], and send the combined list to |
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each county on or before December 31 of each year or as may be |
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required under a plan developed in accordance with Section 62.011. |
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The district clerk or bailiff designated as the officer in charge of |
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the jury selection process for a county that has adopted a plan |
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under Section 62.011 shall give the secretary of state notice not |
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later than the 90th day before the date the list is required. The |
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list furnished the county [must be in a format, electronic or
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printed copy, as requested by the county and] must be certified by |
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the secretary of state stating that the list contains the names |
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required by Subsection (a) and excludes the names of exempt persons |
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provided to the secretary of state under Subsection [Subsections
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(c) through] (f), eliminating duplications. The secretary of state |
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shall furnish the electronic list free of charge. |
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(h) If the secretary of state is unable to furnish the list |
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as provided in this section because of the failure of the voter |
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registrar to furnish the information necessary to maintain the |
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statewide voter registration list as required under Section 18.061, |
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Election Code [county voter registration list to the secretary of
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state], the county tax assessor-collector, sheriff, county clerk, |
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and district clerk in the county shall meet at the county courthouse |
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between January 1 and January 15 of the following year and shall |
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reconstitute the jury wheel for the county, except as provided |
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under a plan adopted under Section 62.011. The deadlines included |
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in the plan control for preparing the list and reconstituting the |
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wheel. The secretary of state shall send the list furnished by the |
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Department of Public Safety as provided by Subsection (f) to the |
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voter registrar, who shall combine the lists as described in this |
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section for use as the juror source and certify the combined list as |
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required of the secretary of state under Subsection (g). |
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SECTION 2. Section 62.011, Government Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) A state agency or the secretary of state may not charge a |
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fee for furnishing an electronic [a] list of names required by |
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Section 62.001. |
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(e) The commissioners court of a county that has adopted a |
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jury selection plan must file with the Office of Court |
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Administration of the Texas Judicial System a copy of the plan and |
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any modification to the plan. |
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SECTION 3. Section 62.113, Government Code, is amended by |
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adding Subsection (b-1) and amending Subsection (e) to read as |
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follows: |
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(b-1) The list of persons excused or disqualified because of |
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citizenship as required by Subsection (b) may not be combined with |
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or submitted simultaneously with any other list required to be |
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submitted to the voter registrar of the county, including a list |
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submitted under Section 62.114. |
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(e) The information required to be filed with the secretary |
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of state under this section must be filed electronically in the |
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format prescribed by the secretary of state. The secretary of state |
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may waive this requirement on application for a waiver submitted by |
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the clerk. |
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SECTION 4. Section 62.114, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The list compiled under this section of persons excused |
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or disqualified because the person is not a resident of the county |
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may not be combined with or submitted simultaneously with any other |
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list required to be submitted to the voter registrar of the county, |
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including a list submitted under Section 62.113. |
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SECTION 5. Sections 62.001(d) and (e), Government Code, are |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2017. |
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* * * * * |