88R8768 JTZ-F     By: Hayes H.B. No. 4674       A BILL TO BE ENTITLED   AN ACT   relating to the qualifications, summoning, and reimbursement of   jurors.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 61.003(a) and (b), Government Code, are   amended to read as follows:          (a)  Each [After jury service is concluded, each] person who   reports [reported] for jury service shall be [personally] provided   the opportunity, either through a written form or electronically,   to direct [a form letter that when signed by the person directs] the   county treasurer or a designated county employee to donate all,   [or] a specific amount designated by the person, or the entire   amount divided among the funds, programs, and county entities   listed in this subsection of the person's daily reimbursement under   this chapter to:                (1)  the compensation to victims of crime fund   established under Subchapter J, Chapter 56B, Code of Criminal   Procedure;                (2)  the child welfare, child protective services, or   child services board of the county appointed under Section 264.005,   Family Code, that serves abused and neglected children;                (3)  any program selected by the commissioners court   that is operated by a public or private nonprofit organization and   that provides shelter and services to victims of family violence;                (4)  any other program approved by the commissioners   court of the county, including a program established under Article   56A.205, Code of Criminal Procedure, that offers psychological   counseling in criminal cases involving graphic evidence or   testimony;                (5)  a veterans treatment court program established by   the commissioners court as provided by Chapter 124; or                (6)  a veterans county service office established by   the commissioners court as provided by Subchapter B, Chapter 434.          (b)  The county treasurer or a designated county employee   shall collect any information provided under Subsection (a) [each   form letter] directing the county treasurer to donate the   reimbursement of a person who reports for jury service.          SECTION 2.  Sections 62.001(a) and (b), Government Code, are   amended to read as follows:          (a)  The jury 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 (8) [(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 jury wheel, as provided by Sections 62.108, [and]   62.109, 62.113, 62.114, and 62.115.          SECTION 3.  Section 62.0111(b), Government Code, is amended   to read as follows:          (b)  A plan adopted under Subsection (a) may allow for a   prospective juror to provide information to the county officer   responsible for summoning jurors or for the county officer to   provide information to the prospective juror by computer or   automated telephone system, including:                (1)  information that permits the court to determine   whether the prospective juror is qualified for jury service under   Section 62.102;                (2)  information that permits the court to determine   whether the prospective juror is exempt from jury service under   Section 62.106;                (3)  submission of a request by the prospective juror   for a postponement of or excuse from jury service under Section   62.110;                (4)  information for jury assignment under Section   62.016, including:                      (A)  the prospective juror's postponement status;                      (B)  if the prospective juror could potentially   serve on a jury in a justice court, the residency of the prospective   juror; and                      (C)  if the prospective juror could potentially   serve on a jury in a criminal matter, whether the prospective juror   has been convicted of misdemeanor theft;                (5)  completion and submission by the prospective juror   of the written juror [jury summons] questionnaire under Section   62.0132;                (6)  the prospective juror's electronic mail address;   and                (7)  notification to the prospective juror by   electronic mail of:                      (A)  whether the prospective juror is qualified   for jury service;                      (B)  the status of the exemption, postponement, or   judicial excuse request of the prospective juror; or                      (C)  whether the prospective juror has been   assigned to a jury panel.          SECTION 4.  Section 62.012(b), Government Code, is amended   to read as follows:          (b)  On receiving the notice from the judge, the clerk shall   immediately write on the jury list the date that the prospective   jurors are to be summoned to appear and shall either:                (1)  summon the prospective jurors directly in the same   manner a sheriff or constable would summon a juror under Section   62.013; or                (2)  deliver the jury list to:                      (A) [(1)]  the sheriff, for a county or district   court jury; or                      (B) [(2)]  the sheriff or constable, for a justice   court jury.          SECTION 5.  The heading to Section 62.013, Government Code,   is amended to read as follows:          Sec. 62.013.  SUMMONS FOR JURY SERVICE BY CLERK, SHERIFF, OR   CONSTABLE.          SECTION 6.  Sections 62.013(a) and (b), Government Code, are   amended to read as follows:          (a)  Except as provided by Section 62.014, the clerk,   sheriff, or constable, on receipt of a jury list from a county or   district clerk, shall immediately notify the persons whose names   are on the list to appear for jury service on the date designated by   the judge.          (b)  The clerk, sheriff, or constable shall notify each   prospective juror to appear for jury service:                (1)  by an oral summons; or                (2)  if the judge ordering the summons so directs, by a   written summons sent by registered mail or certified mail, return   receipt requested, or by first class mail to the address on the jury   wheel card or the address on the current voter registration list of   the county.          SECTION 7.  Sections 62.0131(b) and (c), Government Code,   are amended to read as follows:          (b)  The model must include:                (1)  the option to provide:                      (A)  the exemptions and restrictions governing   jury service under Subchapter B; or                      (B)  the electronic address of the court's   Internet website on which is posted the exemptions and restrictions   governing jury service under Subchapter B; [and]                (2)  the information under Chapter 122, Civil Practice   and Remedies Code, relating to the duties of an employer with regard   to an employee who is summoned for jury service;                (3)  notice of the contempt action to which the person   summoned for jury service is subject under Section 62.0141 for   failure to comply with the jury summons; and                (4)  the option to:                      (A)  include in the jury summons the juror   questionnaire required by Section 62.0132;                      (B)  provide the electronic address of the court's   Internet website from which the juror questionnaire may be easily   printed; or                      (C)  in counties in which the district and   criminal district judges adopted a plan for an electronic jury   selection method under Section 62.011, provide the electronic   address of the court's Internet website for the prospective juror   to access and complete the juror questionnaire.          (c)  A written jury summons must conform with the model   established under this section and must be 3-1/2 by 5 inches or   larger in size.          SECTION 8.  The heading to Section 62.0132, Government Code,   is amended to read as follows:          Sec. 62.0132.  JUROR [WRITTEN JURY SUMMONS] QUESTIONNAIRE.          SECTION 9.  Sections 62.0132(c) and (d), Government Code,   are amended to read as follows:          (c)  The questionnaire must require a person to provide   biographical and demographic information that is relevant to   service as a jury member, including the person's:                (1)  name, sex, race, and age;                (2)  residence address and mailing address;                (3)  education level, occupation, and place of   employment;                (4)  marital status and the name, occupation, and place   of employment of the person's spouse; [and]                (5)  citizenship status and county of residence; and                (6)  any electronic address.          (d)  Except as provided by this subsection, a person who has   received a [written] jury summons shall complete and submit a juror   [jury summons] questionnaire when the person reports for jury duty.     If the district and criminal district judges of a county adopt a   plan for an electronic jury selection method under Section 62.011,   the county may allow a person to complete and submit a juror [jury   summons] questionnaire on the court's Internet website as   authorized under Section 62.0111(b)(5).          SECTION 10.  The heading to Section 62.014, Government Code,   is amended to read as follows:          Sec. 62.014.  SUMMONS FOR JURY SERVICE BY CLERKS, SHERIFFS,   OR BAILIFFS.          SECTION 11.  Section 62.014(a), Government Code, is amended   to read as follows:          (a)  In a county with at least nine district courts, the   district judges may direct that prospective jurors be summoned for   jury service by the clerk, the sheriff, or [by] a bailiff, or an   assistant or deputy bailiff, in charge of the central jury room and   the general panel of the county.          SECTION 12.  Section 62.0145, Government Code, is amended to   read as follows:          Sec. 62.0145.  REMOVAL OF CERTAIN PERSONS FROM POOL OF   PROSPECTIVE JURORS.  Except as provided by Section 62.0146, if a   written summons for jury service sent by a clerk, sheriff,   constable, or bailiff is undeliverable, the county or district   clerk may remove from the jury wheel the jury wheel card for the   person summoned or the district clerk, or in a county with a   population of at least 1.7 million and in which more than 75 percent   of the population resides in a single municipality, a bailiff   appointed as provided under Section 62.019, may remove the person's   name from the record of names for selection of persons for jury   service under Section 62.011.          SECTION 13.  Section 62.0146, Government Code, is amended to   read as follows:          Sec. 62.0146.  UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL   OF PROSPECTIVE JURORS. If a written summons for jury service sent   by a clerk, sheriff, constable, or bailiff is returned with a   notation from the United States Postal Service of a change of   address for the person summoned, the county or district clerk may   update the jury wheel card to reflect the person's new address.          SECTION 14.  Section 62.015(b), Government Code, is amended   to read as follows:          (b)  If the court at any time does not have a sufficient   number of prospective jurors present whose names are on the jury   lists and who are not excused by the judge from jury service, the   judge shall order the clerk, sheriff, or constable to summon   additional prospective jurors to provide the requisite number of   jurors for the panel. The names of additional jurors to be summoned   by the clerk, sheriff, or constable to fill a jury panel shall be   drawn from the jury wheel under orders of the judge. Additional   jurors summoned to fill a jury panel shall be discharged when their   services are no longer required.          SECTION 15.  Section 62.016(d), Government Code, is amended   to read as follows:          (d)  The clerk or sheriff shall notify the persons whose   names are drawn from the jury wheel to appear before the designated   judge for jury service. The judge shall hear the excuses of the   prospective jurors and swear them in for jury service for the week   for which they are to serve as jurors.          SECTION 16.  Section 62.017(d), Government Code, is amended   to read as follows:          (d)  The clerk or sheriff shall notify the persons whose   names are drawn from the jury wheel to appear before the designated   judge for jury service. The judge shall hear the excuses of the   prospective jurors and swear them in for jury service for the week   for which they are to serve as jurors.          SECTION 17.  Section 62.0175(d), Government Code, is amended   to read as follows:          (d)  The clerk or sheriff shall notify the persons whose   names are drawn from the jury wheel to appear before the district   judge for jury service.  The judge shall hear the excuses of the   prospective jurors and swear them in for jury service for the week   for which they are to serve as jurors.          SECTION 18.  Section 62.109(c), Government Code, is amended   to read as follows:          (c)  The clerk of the district court shall promptly notify   the voter registrar of the county of the name and address of each   person permanently exempted [and state whether the exemption is   permanent or for a specified period].  The voter registrar shall   maintain a current register showing [separately] the name and   address of each person permanently exempt from jury service under   this section [and the name and address of each person exempt from   jury service under this section for a specified period].          SECTION 19.  Subchapter B, Chapter 62, Government Code, is   amended by adding Section 62.115 to read as follows:          Sec. 62.115.  COMPILATION OF LIST OF CONVICTED PERSONS. (a)   The clerk of the court shall maintain a list of the name and address   of each person who is disqualified under this subchapter from jury   service because the person was convicted of misdemeanor theft or a   felony.          (b)  A person who was convicted of misdemeanor theft or a   felony shall be permanently disqualified from serving as a juror. A   person is exempt from this section if the person:                (1)  was placed on deferred adjudication and received a   dismissal and discharge in accordance with Article 42A.111, Code of   Criminal Procedure;                (2)  was placed on community supervision and the period   of community supervision was terminated early under Article   42A.701, Code of Criminal Procedure; or                (3)  was pardoned or has had the person's civil rights   restored.          (c)  The district clerk may remove from the jury wheel the   jury wheel card for the person whose name appears on the list.          (d)  On the third business day of each month, the clerk shall   send to the secretary of state a copy of the list of persons   disqualified because of a conviction of misdemeanor theft or a   felony in the preceding month.          SECTION 20.  Section 62.411(a), Government Code, is amended   to read as follows:          (a)  In addition to other methods of jury selection provided   by this chapter, a justice of the peace may issue a writ commanding   the clerk, sheriff, or constable to immediately summon a venire   from which six qualified persons may be selected for jury service   if:                (1)  a jury case is pending for trial at a term of   justice court; or                (2)  the court does not have a sufficient number of   prospective jurors present whose names are on the jury list and who   are not excused from jury service.          SECTION 21.  Section 62.412(c), Government Code, is amended   to read as follows:          (c)  A justice of the peace may command the clerk, sheriff,   or constable to immediately summon additional persons for jury   service in the justice court if the number of qualified jurors,   including persons summoned under Section 62.016, is less than the   number necessary for the justice court to conduct its proceedings.          SECTION 22.  Sections 62.0111(c) and 62.0132(b), Government   Code, are repealed.          SECTION 23.  This Act takes effect September 1, 2023.