Texas 2009 - 81st Regular

Texas House Bill HB3783 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7356 YDB-D
2	2	By: Gattis H.B. No. 3783
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to jury assembly and administration.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 51.604, Government Code, is amended by
10	10	amending Subsection (a) and adding Subsections (d), (e), (f), (g),
11	11	(h), and (i) to read as follows:
12	12	(a) The district clerk shall collect a $60 [$30] jury fee
13	13	for each civil case in which a person applies for a jury trial. The
14	14	clerk of a county court or statutory county court shall collect a
15	15	$60 [$22] jury fee for each civil case in which a person applies for
16	16	a jury trial. The clerk shall note the payment of the fee on the
17	17	court's docket. A jury fee is nonrefundable.
18	18	(d) The jury assembly and administration fund is a fund in
19	19	the state treasury. The comptroller shall administer the fund.
20	20	(e) The money in the fund may only be appropriated to the
21	21	secretary of state or the supreme court for the purpose of improving
22	22	jury assembly and administration in this state.
23	23	(f) A district clerk shall send to the comptroller before
24	24	the last day of the first month following each calendar quarter $30
25	25	of each fee collected under this section during the preceding
26	26	quarter for deposit to the credit of the jury assembly and
27	27	administration fund.
28	28	(g) A district clerk shall send to the county treasurer or
29	29	to any other official who discharges the duties commonly delegated
30	30	to the county treasurer $30 of each fee collected under this section
31	31	for deposit in the general fund of the county to be used only to pay
32	32	for juror services.
33	33	(h) The clerk of a county court or statutory county court
34	34	shall send to the comptroller before the last day of the first month
35	35	following each calendar quarter $38 of each fee collected under
36	36	this section during the preceding quarter for deposit to the credit
37	37	of the jury assembly and administration fund.
38	38	(i) The clerk of a county court or statutory county court
39	39	shall send to the county treasurer or to any other official who
40	40	discharges the duties commonly delegated to the county treasurer
41	41	$22 of each fee collected under this section for deposit in the
42	42	general fund of the county to be used only to pay for juror
43	43	services.
44	44	SECTION 2. Section 62.001, Government Code, is amended to
45	45	read as follows:
46	46	Sec. 62.001. JURY SOURCE; MASTER JURY LIST [RECONSTITUTION
47	47	OF JURY WHEEL]. (a) The secretary of state shall compile a master
48	48	jury list for each county [wheel must be reconstituted by] using, as
49	49	the source:
50	50	(1) the names of all persons on the current voter
51	51	registration lists from all the precincts in the county; and
52	52	(2) all names on a current list to be furnished by the
53	53	Department of Public Safety, showing the citizens of the county
54	54	who:
55	55	(A) hold a valid Texas driver's license or a
56	56	valid personal identification card or certificate issued by the
57	57	department; and
58	58	(B) are not disqualified from jury service under
59	59	Section 62.102(1), (2), or (7).
60	60	(b) Notwithstanding Subsection (a), the names of persons
61	61	listed on a register of persons exempt from jury service may not be
62	62	placed in the master jury list [wheel], as provided by Sections
63	63	62.108 and 62.109.
64	64	(c) On or before the first Monday in January, April, July,
65	65	and October of each year [Each year not later than the third Tuesday
66	66	in November or the date provided by Section 16.032, Election Code,
67	67	for the cancellation of voter registrations, whichever is earlier],
68	68	the voter registrar of each county shall furnish to the secretary of
69	69	state a current voter registration list from all the precincts in
70	70	the county that, except as provided by Subsection (d), includes:
71	71	(1) the complete name, mailing address, date of birth,
72	72	voter registration number, and precinct number for each voter;
73	73	(2) if available, the Texas driver's license number or
74	74	personal identification card or certificate number and social
75	75	security number for each voter; and
76	76	(3) any other information included on the voter
77	77	registration list of the county.
78	78	(d) The list required by Subsection (c) may exclude, at the
79	79	option of the voter registrar of each county, the names of persons
80	80	on the suspense list maintained under Section 15.081, Election
81	81	Code.
82	82	(e) The voter registrar shall send a list of the names of
83	83	persons excluded to the secretary of state with the list required by
84	84	Subsection (c).
85	85	(f) The Department of Public Safety shall furnish a list to
86	86	the secretary of state that shows the names required under
87	87	Subsection (a)(2) and that contains any of the information
88	88	enumerated in Subsection (c) that is available to the department,
89	89	including citizenship status and county of residence. The list
90	90	shall exclude the names of convicted felons, persons who are not
91	91	citizens of the United States, persons residing outside the county,
92	92	and the duplicate name of any registrant. The department shall
93	93	furnish the list to the secretary of state on or before the first
94	94	Monday in January, April, July, and October of each year.
95	95	(f-1) The district clerk of a county shall send a list of the
96	96	names of persons who have recently been summoned for jury service
97	97	under a plan developed in accordance with Section 62.022. The clerk
98	98	shall furnish the list to the secretary of state on or before the
99	99	first Monday in January, April, July, and October of each year.
100	100	(g) The secretary of state shall accept the lists furnished
101	101	as provided by Subsections (c) through (f-1) [(f)]. The secretary
102	102	of state shall combine the lists, and, notwithstanding Subsection
103	103	(a), remove the name of each person who has recently been summoned
104	104	for jury service [eliminate duplicate names, and send the combined
105	105	list to each county on or before December 31 of each year or as may
106	106	be required] under a plan developed in accordance with Section
107	107	62.022 [62.011]. The district clerk of a county [that has adopted a
108	108	plan under Section 62.011] shall give the secretary of state notice
109	109	not later than the 90th day before the date the updated master jury
110	110	list is required. The list furnished the county must be in a
111	111	format, electronic or printed copy, as requested by the county and
112	112	must be certified by the secretary of state stating that the list
113	113	contains the names required by Subsections (c) through (f),
114	114	eliminating duplications. The secretary of state shall furnish the
115	115	list free of charge.
116	116	[(h) If the secretary of state is unable to furnish the list
117	117	as provided in this section because of the failure of the voter
118	118	registrar to furnish the county voter registration list to the
119	119	secretary of state, the county tax assessor-collector, sheriff,
120	120	county clerk, and district clerk in the county shall meet at the
121	121	county courthouse between January 1 and January 15 of the following
122	122	year and shall reconstitute the jury wheel for the county, except as
123	123	provided under a plan adopted under Section 62.011. The deadlines
124	124	included in the plan control for preparing the list and
125	125	reconstituting the wheel. The secretary of state shall send the
126	126	list furnished by the Department of Public Safety as provided by
127	127	Subsection (f) to the voter registrar, who shall combine the lists
128	128	as described in this section for use as the juror source and certify
129	129	the combined list as required of the secretary of state under
130	130	Subsection (g).
131	131	[(i) The commissioners court may, instead of using the
132	132	method provided by Subsections (c) through (h), contract with
133	133	another governmental unit or a private person to combine the voter
134	134	registration list with the list furnished by the Department of
135	135	Public Safety. Subsections (c) through (h) do not apply to a county
136	136	in which the commissioners court has contracted with another
137	137	governmental unit or a private person under this subsection. The
138	138	Department of Public Safety may not charge a fee for furnishing a
139	139	list under this subsection. Each list must contain the name, date
140	140	of birth, address, county of residence, and citizenship status of
141	141	each person listed. If practical, each list must contain any other
142	142	information useful in determining if the person is qualified to
143	143	serve as a juror.
144	144	[(j) Notwithstanding Subsection (a), in a county with a
145	145	population of 250,000 or more, the names of persons who are summoned
146	146	for jury service in the county and who appear for service must be
147	147	removed from the jury wheel and may not be maintained in the jury
148	148	wheel until the third anniversary of the date the person appeared
149	149	for service or until the next date the jury wheel is reconstituted,
150	150	whichever date occurs earlier. This subsection applies regardless
151	151	of whether the person served on a jury as a result of the summons.
152	152	[(k) In reconstituting the jury wheel, the county or
153	153	district clerk shall update jury wheel cards to reflect addresses
154	154	that have been changed as provided by Section 62.0146.]
155	155	SECTION 3. Section 62.019(d), Government Code, is amended
156	156	to read as follows:
157	157	(d) The bailiffs and assistant and deputy bailiffs
158	158	appointed by the district judges shall take care of the general
159	159	panel and perform the duties in connection with the supervision of
160	160	the central jury room and the general panel that are required by the
161	161	district judges. They may notify prospective jurors whose names
162	162	are drawn from the master jury list [wheel] or selected by other
163	163	means provided by law to appear for jury service and may serve
164	164	notices on absent jurors as directed by the district judge having
165	165	control of the general jury panel.
166	166	SECTION 4. Subchapter A, Chapter 62, Government Code, is
167	167	amended by adding Section 62.022 to read as follows:
168	168	Sec. 62.022. COUNTY JURY ADMINISTRATION PLAN. (a) On the
169	169	recommendation of a majority of the district, statutory probate,
170	170	statutory county, and county court judges in a county, the
171	171	commissioners court, by order entered in its minutes, shall adopt a
172	172	jury administration plan.
173	173	(b) The commissioners court shall submit a plan adopted
174	174	under Subsection (a) to the supreme court. The plan must be
175	175	approved by the supreme court or its designee before it may be
176	176	implemented. The supreme court or its designee may alter or abolish
177	177	the plan at any time.
178	178	(c) A plan authorized by this section must:
179	179	(1) be proposed in writing to the commissioners court
180	180	by a majority of the district, statutory probate, statutory county,
181	181	and county court judges in the county at a meeting of the judges
182	182	called for that purpose;
183	183	(2) provide a fair, impartial, and objective jury
184	184	administration process;
185	185	(3) require the local administrative judge to
186	186	designate the district clerk or another person as the officer in
187	187	charge of jury administration;
188	188	(4) define the jury administration officer's duties;
189	189	(5) ensure that the pool of jurors available for all
190	190	courts is selected randomly; and
191	191	(6) require the documentation of any alteration made
192	192	by the county to a list of persons available for assignment to a
193	193	jury list.
194	194	(d) A plan authorized by this section may determine:
195	195	(1) the timing and frequency of the issuance of juror
196	196	summonses;
197	197	(2) the number of jurors that may be summoned;
198	198	(3) the manner by which a juror may be rescheduled;
199	199	(4) the manner by which the name of a rescheduled juror
200	200	is mixed into a jury list;
201	201	(5) the process by which panels are formed and
202	202	assigned to courts;
203	203	(6) whether jurors may be summoned to one central
204	204	location or to individual courts;
205	205	(7) the identity and number of persons responsible
206	206	for juror orientation;
207	207	(8) the procedure for juror orientation;
208	208	(9) the identity and number of persons responsible for
209	209	decisions on qualifications, exemptions, and rescheduling;
210	210	(10) the procedure for making decisions on juror
211	211	qualifications, exemptions, and rescheduling;
212	212	(11) the procedure for enhancing the accuracy of the
213	213	list of persons available for assignment to a jury list;
214	214	(12) whether a juror may be assigned for more than one
215	215	day or one trial, and the process for making such an assignment;
216	216	(13) whether a juror may be immediately reassigned to
217	217	another trial after the juror has been eliminated due to a for-cause
218	218	or peremptory challenge, and the process for making the assignment;
219	219	(14) the manner in which the Internet may be used for
220	220	juror communications and rescheduling;
221	221	(15) special procedures for death-qualified capital
222	222	cases;
223	223	(16) whether justice of the peace or municipal courts
224	224	may use jurors that have been summoned by the county; or
225	225	(17) when litigants or attorneys may be informed of
226	226	the individuals who have been summoned for jury duty.
227	227	(e) The provisions of a plan that has been approved by the
228	228	supreme court control to the extent the provisions conflict with
229	229	another provision of this chapter.
230	230	(f) Not later than November 1 of each year that a county
231	231	operates under a plan, the county shall submit a report to the
232	232	supreme court that details the county's compliance with the plan.
233	233	The county shall submit additional information regarding the plan
234	234	or its implementation on request of the supreme court or its
235	235	designee.
236	236	(g) A failure to follow a procedure governed by a plan is not
237	237	a ground for appeal.
238	238	(h) The public shall be granted reasonable access to the
239	239	jury administration process.
240	240	SECTION 5. Section 62.102, Government Code, is amended to
241	241	read as follows:
242	242	Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
243	243	person is disqualified to serve as a petit juror unless the person:
244	244	(1) is at least 18 years of age;
245	245	(2) is a citizen of this state and of the county in
246	246	which the person is to serve as a juror;
247	247	(3) is qualified under the constitution and laws to
248	248	vote in the county in which the person is to serve as a juror;
249	249	(4) is of sound mind and good moral character;
250	250	(5) is able to read and write;
251	251	(6) has not served as a petit juror for six days during
252	252	the preceding three months in the county court or during the
253	253	preceding six months in the district court;
254	254	(7) has not been convicted of [misdemeanor theft or] a
255	255	felony; and
256	256	(8) is not under indictment or other legal accusation
257	257	for [misdemeanor theft or] a felony.
258	258	SECTION 6. Section 62.106(a), Government Code, is amended
259	259	to read as follows:
260	260	(a) A person qualified to serve as a petit juror may
261	261	establish an exemption from jury service if the person:
262	262	(1) is over 70 years of age;
263	263	(2) has legal custody of a child younger than 12 [10]
264	264	years of age and the person's service on the jury requires leaving
265	265	the child without adequate supervision;
266	266	(3) is a student of a [public or private] secondary
267	267	school that is in session on a date that jury selection or the trial
268	268	takes place;
269	269	(4) is a person enrolled and in actual attendance at an
270	270	institution of higher education;
271	271	(5) is an officer or an employee of the senate, the
272	272	house of representatives, or any department, commission, board,
273	273	office, or other agency in the legislative branch of state
274	274	government;
275	275	(6) [is summoned for service in a county with a
276	276	population of at least 200,000, unless that county uses a jury plan
277	277	under Section 62.011 and the period authorized under Section
278	278	62.011(b)(5) exceeds two years, and the person has served as a petit
279	279	juror in the county during the 24-month period preceding the date
280	280	the person is to appear for jury service;
281	281	[(7)] is the primary caretaker of a person who is an
282	282	invalid unable to care for himself;
283	283	[(8) except as provided by Subsection (b), is summoned
284	284	for service in a county with a population of at least 250,000 and
285	285	the person has served as a petit juror in the county during the
286	286	three-year period preceding the date the person is to appear for
287	287	jury service;] or
288	288	(7) [(9)] is a member of the United States military
289	289	forces serving on active duty and deployed to a location away from
290	290	the person's home station and out of the person's county of
291	291	residence.
292	292	SECTION 7. Section 62.107(b), Government Code, is amended
293	293	to read as follows:
294	294	(b) A person may also claim an exemption from jury service
295	295	under Section 62.106 by filing with the sheriff, tax
296	296	assessor-collector, or district or county clerk of the county of
297	297	the person's [his] residence a sworn statement that sets forth the
298	298	ground of and claims the exemption. The name of a person who claims
299	299	the person's [his] exemption by filing the sworn statement may not
300	300	be placed in the master jury list [wheel] for the ensuing year.
301	301	SECTION 8. Section 62.108(d), Government Code, is amended
302	302	to read as follows:
303	303	(d) The name of a person on the register of persons
304	304	permanently exempt from jury service may not be placed in the master
305	305	jury list [wheel] or otherwise used in preparing the record of names
306	306	from which a jury is selected.
307	307	SECTION 9. Section 62.109(d), Government Code, is amended
308	308	to read as follows:
309	309	(d) A person listed on the register may not be summoned for
310	310	jury service during the period for which the person is exempt. The
311	311	name of a person listed on the register may not be placed in the
312	312	master jury list [wheel] or otherwise used in preparing the record
313	313	of names from which a jury list is selected during the period for
314	314	which the person is exempt.
315	315	SECTION 10. Sections 62.302(a) and (c), Government Code,
316	316	are amended to read as follows:
317	317	(a) The county judge or a judge of a county court at law may
318	318	order the drawing of names from the master jury list [wheel] if the
319	319	judge considers the number of prospective jurors already drawn to
320	320	be insufficient or if an interchangeable general jury panel is not
321	321	drawn as provided by a county jury administration plan under
322	322	Section 62.022 [Section 62.016, 62.017, or 62.0175].
323	323	(c) The county judge and a judge of a county court at law
324	324	concurrently have the same power to determine and remedy a
325	325	deficiency in the number of prospective jurors as the district
326	326	judge designated to control a general jury panel as provided by a
327	327	county jury administration plan under Section 62.022 [Section
328	328	62.016, 62.017, or 62.0175]. Except as otherwise provided by this
329	329	section, the applicable general provisions in Subchapter A that
330	330	govern the drawing of names of prospective jurors by the district
331	331	judge govern the drawing of names under this section.
332	332	SECTION 11. Section 101.0611, Government Code, is amended
333	333	to read as follows:
334	334	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
335	335	CODE. The clerk of a district court shall collect fees and costs
336	336	under the Government Code as follows:
337	337	(1) appellate judicial system filing fees for:
338	338	(A) First or Fourteenth Court of Appeals District
339	339	(Sec. 22.2021, Government Code) . . . not more than $5;
340	340	(B) Second Court of Appeals District (Sec.
341	341	22.2031, Government Code) . . . not more than $5;
342	342	(C) Third Court of Appeals District (Sec.
343	343	22.2041, Government Code) . . . $5;
344	344	(D) Fourth Court of Appeals District (Sec.
345	345	22.2051, Government Code) . . . not more than $5;
346	346	(E) Fifth Court of Appeals District (Sec.
347	347	22.2061, Government Code) . . . not more than $5;
348	348	(F) Eleventh Court of Appeals District (Sec.
349	349	22.2121, Government Code) . . . $5; and
350	350	(G) Thirteenth Court of Appeals District (Sec.
351	351	22.2141, Government Code) . . . not more than $5;
352	352	(2) when administering a case for the Rockwall County
353	353	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
354	354	court costs as if the case had been filed in district court;
355	355	(3) additional filing fees:
356	356	(A) for each suit filed for insurance contingency
357	357	fund, if authorized by the county commissioners court (Sec. 51.302,
358	358	Government Code) . . . not to exceed $5; and
359	359	(B) to fund the improvement of Dallas County
360	360	civil court facilities, if authorized by the county commissioners
361	361	court (Sec. 51.705, Government Code) . . . not more than $15;
362	362	(4) for filing a suit, including an appeal from an
363	363	inferior court:
364	364	(A) for a suit with 10 or fewer plaintiffs (Sec.
365	365	51.317, Government Code) . . . $50;
366	366	(B) for a suit with at least 11 but not more than
367	367	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
368	368	(C) for a suit with at least 26 but not more than
369	369	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
370	370	(D) for a suit with at least 101 but not more than
371	371	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
372	372	(E) for a suit with at least 501 but not more than
373	373	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
374	374	(F) for a suit with more than 1,000 plaintiffs
375	375	(Sec. 51.317, Government Code) . . . $200;
376	376	(5) for filing a cross-action, counterclaim,
377	377	intervention, contempt action, motion for new trial, or third-party
378	378	petition (Sec. 51.317, Government Code) . . . $15;
379	379	(6) for issuing a citation or other writ or process not
380	380	otherwise provided for, including one copy, when requested at the
381	381	time a suit or action is filed (Sec. 51.317, Government Code) . . .
382	382	$8;
383	383	(7) for records management and preservation (Sec.
384	384	51.317, Government Code) . . . $10;
385	385	(8) for issuing a subpoena, including one copy (Sec.
386	386	51.318, Government Code) . . . $8;
387	387	(9) for issuing a citation, commission for deposition,
388	388	writ of execution, order of sale, writ of execution and order of
389	389	sale, writ of injunction, writ of garnishment, writ of attachment,
390	390	or writ of sequestration not provided for in Section 51.317, or any
391	391	other writ or process not otherwise provided for, including one
392	392	copy if required by law (Sec. 51.318, Government Code) . . . $8;
393	393	(10) for searching files or records to locate a cause
394	394	when the docket number is not provided (Sec. 51.318, Government
395	395	Code) . . . $5;
396	396	(11) for searching files or records to ascertain the
397	397	existence of an instrument or record in the district clerk's office
398	398	(Sec. 51.318, Government Code) . . . $5;
399	399	(12) for abstracting a judgment (Sec. 51.318,
400	400	Government Code) . . . $8;
401	401	(13) for approving a bond (Sec. 51.318, Government
402	402	Code) . . . $4;
403	403	(14) for a certified copy of a record, judgment,
404	404	order, pleading, or paper on file or of record in the district
405	405	clerk's office, including certificate and seal, for each page or
406	406	part of a page (Sec. 51.318, Government Code) . . . $1;
407	407	(15) for a noncertified copy, for each page or part of
408	408	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
409	409	(16) fee for performing a service:
410	410	(A) related to the matter of the estate of a
411	411	deceased person (Sec. 51.319, Government Code) . . . the same fee
412	412	allowed the county clerk for those services;
413	413	(B) related to the matter of a minor (Sec.
414	414	51.319, Government Code) . . . the same fee allowed the county clerk
415	415	for the service;
416	416	(C) of serving process by certified or registered
417	417	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
418	418	constable is authorized to charge for the service under Section
419	419	118.131, Local Government Code; and
420	420	(D) prescribed or authorized by law but for which
421	421	no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
422	422	(17) jury fee (Sec. 51.604, Government Code) . . . $60
423	423	[$30];
424	424	(18) additional filing fee for family protection on
425	425	filing a suit for dissolution of a marriage under Chapter 6, Family
426	426	Code, if authorized by the county commissioners court (Sec. 51.961,
427	427	Government Code) . . . not to exceed $30;
428	428	(19) at a hearing held by an associate judge in Dallas
429	429	County, a court cost to preserve the record, in the absence of a
430	430	court reporter, by other means (Sec. 54.509, Government Code) . . .
431	431	as assessed by the referring court or associate judge; and
432	432	(20) at a hearing held by an associate judge in Duval
433	433	County, a court cost to preserve the record (Sec. 54.1151,
434	434	Government Code) . . . as imposed by the referring court or
435	435	associate judge.
436	436	SECTION 12. Section 101.0811, Government Code, is amended
437	437	to read as follows:
438	438	Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
439	439	GOVERNMENT CODE. The clerk of a statutory county court shall
440	440	collect fees and costs under the Government Code as follows:
441	441	(1) appellate judicial system filing fees:
442	442	(A) First or Fourteenth Court of Appeals District
443	443	(Sec. 22.2021, Government Code) . . . not more than $5;
444	444	(B) Second Court of Appeals District (Sec.
445	445	22.2031, Government Code) . . . not more than $5;
446	446	(C) Third Court of Appeals District (Sec.
447	447	22.2041, Government Code) . . . $5;
448	448	(D) Fourth Court of Appeals District (Sec.
449	449	22.2051, Government Code) . . . not more than $5;
450	450	(E) Fifth Court of Appeals District (Sec.
451	451	22.2061, Government Code) . . . not more than $5;
452	452	(F) Eleventh Court of Appeals District (Sec.
453	453	22.2121, Government Code) . . . $5; and
454	454	(G) Thirteenth Court of Appeals District (Sec.
455	455	22.2141, Government Code) . . . not more than $5;
456	456	(2) an official court reporter fee, County Court at
457	457	Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
458	458	(3) in Brazoria County, in matters of concurrent
459	459	jurisdiction with the district court, fees (Sec. 25.0222,
460	460	Government Code) . . . as prescribed by law for district judges
461	461	according to the nature of the matter;
462	462	(4) a court reporter fee when testimony is taken in a
463	463	county court at law in McLennan County (Sec. 25.1572, Government
464	464	Code) . . . $3;
465	465	(5) a stenographer fee, if a record or part of a record
466	466	is made:
467	467	(A) in a county court at law in Hidalgo County
468	468	(Sec. 25.1102, Government Code) . . . $20; and
469	469	(B) in a county court at law in Nolan County (Sec.
470	470	25.1792, Government Code) . . . $25;
471	471	(6) jury fee (Sec. 51.604, Government Code) . . . $60
472	472	[$22];
473	473	(7) an additional filing fee:
474	474	(A) for each civil case filed to be used for
475	475	court-related purposes for the support of the judiciary, if
476	476	authorized by the county commissioners court (Sec. 51.702,
477	477	Government Code) . . . $40; and
478	478	(B) to fund the improvement of Dallas County
479	479	civil court facilities, if authorized by the county commissioners
480	480	court (Sec. 51.705, Government Code) . . . not more than $15;
481	481	(8) the official court reporter's fee taxed as costs in
482	482	civil actions in a statutory county court:
483	483	(A) in Bexar County Courts at Law:
484	484	(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
485	485	(Sec. 25.0172, Government Code) . . . taxed in the same manner as
486	486	the fee is taxed in district court; and
487	487	(ii) No. 2 (Sec. 25.0172, Government Code)
488	488	. . . $3;
489	489	(B) in Galveston County (Sec. 25.0862,
490	490	Government Code) . . . taxed in the same manner as the fee is taxed
491	491	in civil cases in the district courts; and
492	492	(C) in Parker County (Sec. 25.1862, Government
493	493	Code) . . . taxed in the same manner as the fee is taxed in civil
494	494	cases in the district courts;
495	495	(9) a stenographer's fee as costs in each civil,
496	496	criminal, and probate case in which a record is made by the official
497	497	court reporter in a statutory county court in Nolan County (Sec.
498	498	25.1792, Government Code) . . . $25;
499	499	(10) in Nueces County, in matters of concurrent
500	500	jurisdiction with the district court, with certain exceptions, fees
501	501	(Sec. 25.1802, Government Code) . . . equal to those in district
502	502	court cases; and
503	503	(11) a fee not otherwise listed in this subchapter
504	504	that is required to be collected under Section 25.0008, Government
505	505	Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
506	506	Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
507	507	Victoria, and Williamson . . . as prescribed by law relating to
508	508	county judges' fees.
509	509	SECTION 13. Section 101.1011, Government Code, is amended
510	510	to read as follows:
511	511	Sec. 101.1011. STATUTORY PROBATE COURT FEES AND
512	512	COSTS: GOVERNMENT CODE. The clerk of a statutory probate court
513	513	shall collect fees and costs under the Government Code as follows:
514	514	(1) appellate judicial system filing fees:
515	515	(A) First or Fourteenth Court of Appeals District
516	516	(Sec. 22.2021, Government Code) . . . not more than $5;
517	517	(B) Second Court of Appeals District (Sec.
518	518	22.2031, Government Code) . . . not more than $5;
519	519	(C) Third Court of Appeals District (Sec.
520	520	22.2041, Government Code) . . . $5;
521	521	(D) Fourth Court of Appeals District (Sec.
522	522	22.2051, Government Code) . . . not more than $5;
523	523	(E) Fifth Court of Appeals District (Sec.
524	524	22.2061, Government Code) . . . not more than $5;
525	525	(F) Eleventh Court of Appeals District (Sec.
526	526	22.2121, Government Code) . . . $5; and
527	527	(G) Thirteenth Court of Appeals District (Sec.
528	528	22.2141, Government Code) . . . not more than $5;
529	529	(2) additional filing fees as follows:
530	530	(A) for certain cases to be used for
531	531	court-related purposes for support of the judiciary, if authorized
532	532	by the county commissioners court (Sec. 51.704, Government
533	533	Code) . . . $40; and
534	534	(B) to fund the improvement of Dallas County
535	535	civil court facilities, if authorized by the county commissioners
536	536	court (Sec. 51.705, Government Code) . . . not more than $15;
537	537	(3) jury fee for civil case (Sec. 51.604, Government
538	538	Code) . . . $60 [$22];
539	539	(4) the expense of preserving the record as a court
540	540	cost, if imposed on a party by the referring court or associate
541	541	judge (Sec. 54.612, Government Code) . . . actual cost; and
542	542	(5) a fee not otherwise listed in this subchapter that
543	543	is required to be collected under Section 25.0029, Government Code
544	544	(Sec. 25.0029, Government Code) . . . as prescribed by law relating
545	545	to county judges' fees.
546	546	SECTION 14. Section 101.1212, Government Code, is amended
547	547	to read as follows:
548	548	Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
549	549	CODE. The clerk of a county court shall collect the following fees
550	550	and costs under the Government Code:
551	551	(1) appellate judicial system filing fees:
552	552	(A) First or Fourteenth Court of Appeals District
553	553	(Sec. 22.2021, Government Code) . . . not more than $5;
554	554	(B) Second Court of Appeals District (Sec.
555	555	22.2031, Government Code) . . . not more than $5;
556	556	(C) Third Court of Appeals District (Sec.
557	557	22.2041, Government Code) . . . $5;
558	558	(D) Fourth Court of Appeals District (Sec.
559	559	22.2051, Government Code) . . . not more than $5;
560	560	(E) Fifth Court of Appeals District (Sec.
561	561	22.2061, Government Code) . . . not more than $5;
562	562	(F) Eleventh Court of Appeals District (Sec.
563	563	22.2121, Government Code) . . . $5; and
564	564	(G) Thirteenth Court of Appeals District (Sec.
565	565	22.2141, Government Code) . . . not more than $5;
566	566	(2) a jury fee (Sec. 51.604, Government Code) . . . $60
567	567	[$22]; and
568	568	(3) a filing fee in each civil case filed to be used
569	569	for court-related purposes for the support of the judiciary (Sec.
570	570	51.703, Government Code) . . . $40.
571	571	SECTION 15. Section 102.101, Government Code, is amended to
572	572	read as follows:
573	573	Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
574	574	JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
575	575	court shall collect fees and costs under the Code of Criminal
576	576	Procedure on conviction of a defendant as follows:
577	577	(1) a jury fee (Art. 102.004, Code of Criminal
578	578	Procedure) . . . $10 [$3];
579	579	(2) [a fee for withdrawing request for jury less than
580	580	24 hours before time of trial (Art. 102.004, Code of Criminal
581	581	Procedure) . . . $3;
582	582	[(3)] a jury fee for two or more defendants tried
583	583	jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury
584	584	fee of $3;
585	585	(3) [(4)] a security fee on a misdemeanor offense
586	586	(Art. 102.017, Code of Criminal Procedure) . . . $4;
587	587	(4) [(5)] a fee for technology fund on a misdemeanor
588	588	offense (Art. 102.0173, Code of Criminal Procedure) . . . $4;
589	589	(5) [(6)] a juvenile case manager fee (Art. 102.0174,
590	590	Code of Criminal Procedure) . . . not to exceed $5;
591	591	(6) [(7)] a fee on conviction of certain offenses
592	592	involving issuing or passing a subsequently dishonored check (Art.
593	593	102.0071, Code of Criminal Procedure) . . . not to exceed $30; and
594	594	(7) [(8)] a court cost on conviction of a Class C
595	595	misdemeanor in a county with a population of 3.3 million or more, if
596	596	authorized by the county commissioners court (Art. 102.009, Code of
597	597	Criminal Procedure) . . . not to exceed $7.
598	598	SECTION 16. Section 102.121, Government Code, is amended to
599	599	read as follows:
600	600	Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
601	601	MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
602	602	municipal court shall collect fees and costs on conviction of a
603	603	defendant as follows:
604	604	(1) a jury fee (Art. 102.004, Code of Criminal
605	605	Procedure) . . . $10 [$3];
606	606	(2) [a fee for withdrawing request for jury less than
607	607	24 hours before time of trial (Art. 102.004, Code of Criminal
608	608	Procedure) . . . $3;
609	609	[(3)] a jury fee for two or more defendants tried
610	610	jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury
611	611	fee of $3;
612	612	(3) [(4)] a security fee on a misdemeanor offense
613	613	(Art. 102.017, Code of Criminal Procedure) . . . $3;
614	614	(4) [(5)] a fee for technology fund on a misdemeanor
615	615	offense (Art. 102.0172, Code of Criminal Procedure) . . . not to
616	616	exceed $4; and
617	617	(5) [(6)] a juvenile case manager fee (Art. 102.0174,
618	618	Code of Criminal Procedure) . . . not to exceed $5.
619	619	SECTION 17. Article 19.16, Code of Criminal Procedure, is
620	620	amended to read as follows:
621	621	Art. 19.16. ABSENT JUROR FINED. A juror legally summoned,
622	622	failing to attend without a reasonable excuse, may, by order of the
623	623	court entered on the record, be fined not less than $100 [ten
624	624	dollars] nor more than $1,000 [one hundred dollars].
625	625	SECTION 18. Article 19.25, Code of Criminal Procedure, is
626	626	amended to read as follows:
627	627	Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who
628	628	does not possess the requisite qualifications shall be excused by
629	629	the court from serving. The following qualified persons may be
630	630	excused from grand jury service:
631	631	(1) a person older than 70 years;
632	632	(2) a person responsible for the care of a child
633	633	younger than 14 [18] years;
634	634	(3) a student of a public or private secondary school;
635	635	(4) a person enrolled and in actual attendance at an
636	636	institution of higher education; and
637	637	(5) any other person that the court determines has a
638	638	reasonable excuse from service.
639	639	SECTION 19. Article 35.01, Code of Criminal Procedure, is
640	640	amended to read as follows:
641	641	Art. 35.01. JURORS CALLED. When a case is called for trial
642	642	and the parties have announced ready for trial, the names of those
643	643	summoned as jurors in the case shall be called. Those not present
644	644	may be fined not less than $100 nor more than $1,000 [exceeding
645	645	fifty dollars]. An attachment may issue on request of either party
646	646	for any absent summoned juror, to have him brought forthwith before
647	647	the court. A person who is summoned but not present, may upon an
648	648	appearance, before the jury is qualified, be tried as to his
649	649	qualifications and impaneled as a juror unless challenged, but no
650	650	cause shall be unreasonably delayed on account of his absence.
651	651	SECTION 20. Articles 102.004(a) and (b), Code of Criminal
652	652	Procedure, are amended to read as follows:
653	653	(a) A defendant convicted by a jury in a trial before a
654	654	justice or municipal court shall pay a jury fee of $10 [$3]. [A
655	655	defendant in a justice or municipal court who requests a trial by
656	656	jury and who withdraws the request not earlier than 24 hours before
657	657	the time of trial shall pay a jury fee of $3, if the defendant is
658	658	convicted of the offense or final disposition of the defendant's
659	659	case is deferred.] A defendant convicted by a jury in a county
660	660	court, a county court at law, or a district court shall pay a jury
661	661	fee of $20. A jury fee is nonrefundable.
662	662	(b) If two or more defendants are tried jointly in a justice
663	663	or municipal court, only one jury fee of $10 [$3] may be imposed
664	664	under this article. If the defendants sever and are tried
665	665	separately, each defendant convicted shall pay a jury fee. A jury
666	666	fee is nonrefundable.
667	667	SECTION 21. (a) Sections 62.002, 62.003, 62.004, 62.005,
668	668	62.006, 62.007, 62.008, 62.009, 62.010, 62.011, 62.0111, 62.012,
669	669	62.013, 62.014, 62.0142, 62.0145, 62.0146, 62.015, 62.016, 62.017,
670	670	62.0175, 62.018, 62.021, and 62.111, Government Code, are repealed.
671	671	(b) Articles 35.03, 35.04, 35.05, 35.11, and 35.12, Code of
672	672	Criminal Procedure, are repealed.
673	673	SECTION 22. This Act takes effect September 1, 2009.