88R24386 JTZ-D
 
  By: Hayes H.B. No. 4671
 
  Substitute the following for H.B. No. 4671:
 
  By:  Moody C.S.H.B. No. 4671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the qualifications and summoning of grand jurors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 19A.052, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19A.052.  QUALIFIED PERSONS SUMMONED. On directing the
  sheriff or clerk of the district court to summon grand jurors, the
  court shall instruct the sheriff or clerk of the district court to
  not summon a person to serve as a grand juror who does not possess
  the qualifications prescribed by law.
         SECTION 2.  Article 19A.053, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19A.053.  ADDITIONAL QUALIFIED PERSONS SUMMONED. (a)
  If fewer than 16 persons summoned to serve as grand jurors are found
  to be in attendance and qualified to serve, the court shall order
  the sheriff or clerk of the district court to summon an additional
  number of persons considered necessary to constitute a grand jury
  of 12 grand jurors and four alternate grand jurors.
         (b)  The sheriff or clerk of the district court shall summon
  the additional prospective grand jurors under Subsection (a) in
  person to attend before the court immediately.
         SECTION 3.  Article 19A.101, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 19A.101.  GRAND JUROR QUALIFICATIONS. (a) A person may
  be selected or serve as a grand juror only if the person:
               (1)  is at least 18 years of age;
               (2)  is a citizen of the United States;
               (3)  is a resident of this state and of the county in
  which the person is to serve;
               (4)  is qualified under the constitution and other laws
  to vote in the county in which the grand jury is sitting, regardless
  of whether the person is registered to vote;
               (5)  is of sound mind and good moral character;
               (6)  is able to read and write;
               (7)  has never [not] been convicted of misdemeanor
  theft or a felony;
               (8)  is not under indictment or other legal accusation
  for misdemeanor theft or a felony;
               (9)  is not related within the third degree by
  consanguinity or second degree by affinity, as determined under
  Chapter 573, Government Code, to any person selected to serve or
  serving on the same grand jury;
               (10)  has not served as a grand juror in the year before
  the date on which the term of court for which the person has been
  selected as a grand juror begins; and
               (11)  is not a complainant in any matter to be heard by
  the grand jury during the term of court for which the person has
  been selected as a grand juror.
         (b)  On the third business day of each month, the clerk of the
  district court shall prepare a list of persons who in the preceding
  month were disqualified from serving as a grand juror based on the
  person's citizenship or indictment or conviction for misdemeanor
  theft or a felony and send a copy of the list to the secretary of
  state.
         SECTION 4.  This Act applies only to the summoning of grand
  jurors on or after the effective date of this Act. The summoning of
  grand jurors before the effective date of this Act is governed by
  the law in effect immediately before the effective date of this Act,
  and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2023.