81R7356 YDB-D
By: Gattis H.B. No. 3783
A BILL TO BE ENTITLED
AN ACT
relating to jury assembly and administration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.604, Government Code, is amended by
amending Subsection (a) and adding Subsections (d), (e), (f), (g),
(h), and (i) to read as follows:
(a) The district clerk shall collect a $60 [$30] jury fee
for each civil case in which a person applies for a jury trial. The
clerk of a county court or statutory county court shall collect a
$60 [$22] jury fee for each civil case in which a person applies for
a jury trial. The clerk shall note the payment of the fee on the
court's docket. A jury fee is nonrefundable.
(d) The jury assembly and administration fund is a fund in
the state treasury. The comptroller shall administer the fund.
(e) The money in the fund may only be appropriated to the
secretary of state or the supreme court for the purpose of improving
jury assembly and administration in this state.
(f) A district clerk shall send to the comptroller before
the last day of the first month following each calendar quarter $30
of each fee collected under this section during the preceding
quarter for deposit to the credit of the jury assembly and
administration fund.
(g) A district clerk shall send to the county treasurer or
to any other official who discharges the duties commonly delegated
to the county treasurer $30 of each fee collected under this section
for deposit in the general fund of the county to be used only to pay
for juror services.
(h) The clerk of a county court or statutory county court
shall send to the comptroller before the last day of the first month
following each calendar quarter $38 of each fee collected under
this section during the preceding quarter for deposit to the credit
of the jury assembly and administration fund.
(i) The clerk of a county court or statutory county court
shall send to the county treasurer or to any other official who
discharges the duties commonly delegated to the county treasurer
$22 of each fee collected under this section for deposit in the
general fund of the county to be used only to pay for juror
services.
SECTION 2. Section 62.001, Government Code, is amended to
read as follows:
Sec. 62.001. JURY SOURCE; MASTER JURY LIST [RECONSTITUTION
OF JURY WHEEL]. (a) The secretary of state shall compile a master
jury list for each county [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 (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 master jury list [wheel], as provided by Sections
62.108 and 62.109.
(c) On or before the first Monday in January, April, July,
and October of each year [Each year not later than the third Tuesday
in November or the date provided by Section 16.032, Election Code,
for the cancellation of voter registrations, whichever is earlier],
the voter registrar of each county shall furnish to the secretary of
state a current voter registration list from all the precincts in
the county that, except as provided by Subsection (d), includes:
(1) the complete name, mailing address, date of birth,
voter registration number, and precinct number for each voter;
(2) if available, the Texas driver's license number or
personal identification card or certificate number and social
security number for each voter; and
(3) any other information included on the voter
registration list of the county.
(d) The list required by Subsection (c) may exclude, at the
option of the voter registrar of each county, the names of persons
on the suspense list maintained under Section 15.081, Election
Code.
(e) The voter registrar shall send a list of the names of
persons excluded to the secretary of state with the list required by
Subsection (c).
(f) The Department of Public Safety shall furnish a list to
the secretary of state that shows the names required under
Subsection (a)(2) and that contains any of the information
enumerated in Subsection (c) that is available to the department,
including citizenship status and county of residence. The list
shall exclude the names of convicted felons, persons who are not
citizens of the United States, persons residing outside the county,
and the duplicate name of any registrant. The department shall
furnish the list to the secretary of state on or before the first
Monday in January, April, July, and October of each year.
(f-1) The district clerk of a county shall send a list of the
names of persons who have recently been summoned for jury service
under a plan developed in accordance with Section 62.022. The clerk
shall furnish the list to the secretary of state on or before the
first Monday in January, April, July, and October of each year.
(g) The secretary of state shall accept the lists furnished
as provided by Subsections (c) through (f-1) [(f)]. The secretary
of state shall combine the lists, and, notwithstanding Subsection
(a), remove the name of each person who has recently been summoned
for jury service [eliminate duplicate names, and send the combined
list to each county on or before December 31 of each year or as may
be required] under a plan developed in accordance with Section
62.022 [62.011]. The district clerk of a county [that has adopted a
plan under Section 62.011] shall give the secretary of state notice
not later than the 90th day before the date the updated master jury
list is required. The list furnished the county must be in a
format, electronic or printed copy, as requested by the county and
must be certified by the secretary of state stating that the list
contains the names required by Subsections (c) through (f),
eliminating duplications. The secretary of state shall furnish the
list free of charge.
[(h) If the secretary of state is unable to furnish the list
as provided in this section because of the failure of the voter
registrar to furnish the county voter registration list to the
secretary of state, the county tax assessor-collector, sheriff,
county clerk, and district clerk in the county shall meet at the
county courthouse between January 1 and January 15 of the following
year and shall reconstitute the jury wheel for the county, except as
provided under a plan adopted under Section 62.011. The deadlines
included in the plan control for preparing the list and
reconstituting the wheel. The secretary of state shall send the
list furnished by the Department of Public Safety as provided by
Subsection (f) to the voter registrar, who shall combine the lists
as described in this section for use as the juror source and certify
the combined list as required of the secretary of state under
Subsection (g).
[(i) The commissioners court may, instead of using the
method provided by Subsections (c) through (h), contract with
another governmental unit or a private person to combine the voter
registration list with the list furnished by the Department of
Public Safety. Subsections (c) through (h) do not apply to a county
in which the commissioners court has contracted with another
governmental unit or a private person under this subsection. The
Department of Public Safety may not charge a fee for furnishing a
list under this subsection. Each list must contain the name, date
of birth, address, county of residence, and citizenship status of
each person listed. If practical, each list must contain any other
information useful in determining if the person is qualified to
serve as a juror.
[(j) Notwithstanding Subsection (a), in a county with a
population of 250,000 or more, the names of persons who are summoned
for jury service in the county and who appear for service must be
removed from the jury wheel and may not be maintained in the jury
wheel until the third anniversary of the date the person appeared
for service or until the next date the jury wheel is reconstituted,
whichever date occurs earlier. This subsection applies regardless
of whether the person served on a jury as a result of the summons.
[(k) In reconstituting the jury wheel, the county or
district clerk shall update jury wheel cards to reflect addresses
that have been changed as provided by Section 62.0146.]
SECTION 3. Section 62.019(d), Government Code, is amended
to read as follows:
(d) The bailiffs and assistant and deputy bailiffs
appointed by the district judges shall take care of the general
panel and perform the duties in connection with the supervision of
the central jury room and the general panel that are required by the
district judges. They may notify prospective jurors whose names
are drawn from the master jury list [wheel] or selected by other
means provided by law to appear for jury service and may serve
notices on absent jurors as directed by the district judge having
control of the general jury panel.
SECTION 4. Subchapter A, Chapter 62, Government Code, is
amended by adding Section 62.022 to read as follows:
Sec. 62.022. COUNTY JURY ADMINISTRATION PLAN. (a) On the
recommendation of a majority of the district, statutory probate,
statutory county, and county court judges in a county, the
commissioners court, by order entered in its minutes, shall adopt a
jury administration plan.
(b) The commissioners court shall submit a plan adopted
under Subsection (a) to the supreme court. The plan must be
approved by the supreme court or its designee before it may be
implemented. The supreme court or its designee may alter or abolish
the plan at any time.
(c) A plan authorized by this section must:
(1) be proposed in writing to the commissioners court
by a majority of the district, statutory probate, statutory county,
and county court judges in the county at a meeting of the judges
called for that purpose;
(2) provide a fair, impartial, and objective jury
administration process;
(3) require the local administrative judge to
designate the district clerk or another person as the officer in
charge of jury administration;
(4) define the jury administration officer's duties;
(5) ensure that the pool of jurors available for all
courts is selected randomly; and
(6) require the documentation of any alteration made
by the county to a list of persons available for assignment to a
jury list.
(d) A plan authorized by this section may determine:
(1) the timing and frequency of the issuance of juror
summonses;
(2) the number of jurors that may be summoned;
(3) the manner by which a juror may be rescheduled;
(4) the manner by which the name of a rescheduled juror
is mixed into a jury list;
(5) the process by which panels are formed and
assigned to courts;
(6) whether jurors may be summoned to one central
location or to individual courts;
(7) the identity and number of persons responsible
for juror orientation;
(8) the procedure for juror orientation;
(9) the identity and number of persons responsible for
decisions on qualifications, exemptions, and rescheduling;
(10) the procedure for making decisions on juror
qualifications, exemptions, and rescheduling;
(11) the procedure for enhancing the accuracy of the
list of persons available for assignment to a jury list;
(12) whether a juror may be assigned for more than one
day or one trial, and the process for making such an assignment;
(13) whether a juror may be immediately reassigned to
another trial after the juror has been eliminated due to a for-cause
or peremptory challenge, and the process for making the assignment;
(14) the manner in which the Internet may be used for
juror communications and rescheduling;
(15) special procedures for death-qualified capital
cases;
(16) whether justice of the peace or municipal courts
may use jurors that have been summoned by the county; or
(17) when litigants or attorneys may be informed of
the individuals who have been summoned for jury duty.
(e) The provisions of a plan that has been approved by the
supreme court control to the extent the provisions conflict with
another provision of this chapter.
(f) Not later than November 1 of each year that a county
operates under a plan, the county shall submit a report to the
supreme court that details the county's compliance with the plan.
The county shall submit additional information regarding the plan
or its implementation on request of the supreme court or its
designee.
(g) A failure to follow a procedure governed by a plan is not
a ground for appeal.
(h) The public shall be granted reasonable access to the
jury administration process.
SECTION 5. Section 62.102, Government Code, is amended to
read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless the person:
(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in
which the person is to serve as a juror;
(3) is qualified under the constitution and laws to
vote in the county in which the person is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) has not served as a petit juror for six days during
the preceding three months in the county court or during the
preceding six months in the district court;
(7) has not been convicted of [misdemeanor theft or] a
felony; and
(8) is not under indictment or other legal accusation
for [misdemeanor theft or] a felony.
SECTION 6. Section 62.106(a), Government Code, is amended
to read as follows:
(a) A person qualified to serve as a petit juror may
establish an exemption from jury service if the person:
(1) is over 70 years of age;
(2) has legal custody of a child younger than 12 [10]
years of age and the person's service on the jury requires leaving
the child without adequate supervision;
(3) is a student of a [public or private] secondary
school that is in session on a date that jury selection or the trial
takes place;
(4) is a person enrolled and in actual attendance at an
institution of higher education;
(5) is an officer or an employee of the senate, the
house of representatives, or any department, commission, board,
office, or other agency in the legislative branch of state
government;
(6) [is summoned for service in a county with a
population of at least 200,000, unless that county uses a jury plan
under Section 62.011 and the period authorized under Section
62.011(b)(5) exceeds two years, and the person has served as a petit
juror in the county during the 24-month period preceding the date
the person is to appear for jury service;
[(7)] is the primary caretaker of a person who is an
invalid unable to care for himself;
[(8) except as provided by Subsection (b), is summoned
for service in a county with a population of at least 250,000 and
the person has served as a petit juror in the county during the
three-year period preceding the date the person is to appear for
jury service;] or
(7) [(9)] is a member of the United States military
forces serving on active duty and deployed to a location away from
the person's home station and out of the person's county of
residence.
SECTION 7. Section 62.107(b), Government Code, is amended
to read as follows:
(b) A person may also claim an exemption from jury service
under Section 62.106 by filing with the sheriff, tax
assessor-collector, or district or county clerk of the county of
the person's [his] residence a sworn statement that sets forth the
ground of and claims the exemption. The name of a person who claims
the person's [his] exemption by filing the sworn statement may not
be placed in the master jury list [wheel] for the ensuing year.
SECTION 8. Section 62.108(d), Government Code, is amended
to read as follows:
(d) The name of a person on the register of persons
permanently exempt from jury service may not be placed in the master
jury list [wheel] or otherwise used in preparing the record of names
from which a jury is selected.
SECTION 9. Section 62.109(d), Government Code, is amended
to read as follows:
(d) A person listed on the register may not be summoned for
jury service during the period for which the person is exempt. The
name of a person listed on the register may not be placed in the
master jury list [wheel] or otherwise used in preparing the record
of names from which a jury list is selected during the period for
which the person is exempt.
SECTION 10. Sections 62.302(a) and (c), Government Code,
are amended to read as follows:
(a) The county judge or a judge of a county court at law may
order the drawing of names from the master jury list [wheel] if the
judge considers the number of prospective jurors already drawn to
be insufficient or if an interchangeable general jury panel is not
drawn as provided by a county jury administration plan under
Section 62.022 [Section 62.016, 62.017, or 62.0175].
(c) The county judge and a judge of a county court at law
concurrently have the same power to determine and remedy a
deficiency in the number of prospective jurors as the district
judge designated to control a general jury panel as provided by a
county jury administration plan under Section 62.022 [Section
62.016, 62.017, or 62.0175]. Except as otherwise provided by this
section, the applicable general provisions in Subchapter A that
govern the drawing of names of prospective jurors by the district
judge govern the drawing of names under this section.
SECTION 11. Section 101.0611, Government Code, is amended
to read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(G) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5; and
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county clerk
for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . . $60
[$30];
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code, if authorized by the county commissioners court (Sec. 51.961,
Government Code) . . . not to exceed $30;
(19) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
(20) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code) . . . as imposed by the referring court or
associate judge.
SECTION 12. Section 101.0811, Government Code, is amended
to read as follows:
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(G) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $60
[$22];
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary, if
authorized by the county commissioners court (Sec. 51.702,
Government Code) . . . $40; and
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(8) the official court reporter's fee taxed as costs in
civil actions in a statutory county court:
(A) in Bexar County Courts at Law:
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
(Sec. 25.0172, Government Code) . . . taxed in the same manner as
the fee is taxed in district court; and
(ii) No. 2 (Sec. 25.0172, Government Code)
. . . $3;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(9) a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(10) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases; and
(11) a fee not otherwise listed in this subchapter
that is required to be collected under Section 25.0008, Government
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
Victoria, and Williamson . . . as prescribed by law relating to
county judges' fees.
SECTION 13. Section 101.1011, Government Code, is amended
to read as follows:
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND
COSTS: GOVERNMENT CODE. The clerk of a statutory probate court
shall collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(G) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary, if authorized
by the county commissioners court (Sec. 51.704, Government
Code) . . . $40; and
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $60 [$22];
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost; and
(5) a fee not otherwise listed in this subchapter that
is required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges' fees.
SECTION 14. Section 101.1212, Government Code, is amended
to read as follows:
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a county court shall collect the following fees
and costs under the Government Code:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(F) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(G) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . . $60
[$22]; and
(3) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40.
SECTION 15. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $10 [$3];
(2) [a fee for withdrawing request for jury less than
24 hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
[(3)] a jury fee for two or more defendants tried
jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury
fee of $3;
(3) [(4)] a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $4;
(4) [(5)] a fee for technology fund on a misdemeanor
offense (Art. 102.0173, Code of Criminal Procedure) . . . $4;
(5) [(6)] a juvenile case manager fee (Art. 102.0174,
Code of Criminal Procedure) . . . not to exceed $5;
(6) [(7)] a fee on conviction of certain offenses
involving issuing or passing a subsequently dishonored check (Art.
102.0071, Code of Criminal Procedure) . . . not to exceed $30; and
(7) [(8)] a court cost on conviction of a Class C
misdemeanor in a county with a population of 3.3 million or more, if
authorized by the county commissioners court (Art. 102.009, Code of
Criminal Procedure) . . . not to exceed $7.
SECTION 16. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs on conviction of a
defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $10 [$3];
(2) [a fee for withdrawing request for jury less than
24 hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
[(3)] a jury fee for two or more defendants tried
jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury
fee of $3;
(3) [(4)] a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3;
(4) [(5)] a fee for technology fund on a misdemeanor
offense (Art. 102.0172, Code of Criminal Procedure) . . . not to
exceed $4; and
(5) [(6)] a juvenile case manager fee (Art. 102.0174,
Code of Criminal Procedure) . . . not to exceed $5.
SECTION 17. Article 19.16, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.16. ABSENT JUROR FINED. A juror legally summoned,
failing to attend without a reasonable excuse, may, by order of the
court entered on the record, be fined not less than $100 [ten
dollars] nor more than $1,000 [one hundred dollars].
SECTION 18. Article 19.25, Code of Criminal Procedure, is
amended to read as follows:
Art. 19.25. EXCUSES FROM SERVICE. Any person summoned who
does not possess the requisite qualifications shall be excused by
the court from serving. The following qualified persons may be
excused from grand jury service:
(1) a person older than 70 years;
(2) a person responsible for the care of a child
younger than 14 [18] years;
(3) a student of a public or private secondary school;
(4) a person enrolled and in actual attendance at an
institution of higher education; and
(5) any other person that the court determines has a
reasonable excuse from service.
SECTION 19. Article 35.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 35.01. JURORS CALLED. When a case is called for trial
and the parties have announced ready for trial, the names of those
summoned as jurors in the case shall be called. Those not present
may be fined not less than $100 nor more than $1,000 [exceeding
fifty dollars]. An attachment may issue on request of either party
for any absent summoned juror, to have him brought forthwith before
the court. A person who is summoned but not present, may upon an
appearance, before the jury is qualified, be tried as to his
qualifications and impaneled as a juror unless challenged, but no
cause shall be unreasonably delayed on account of his absence.
SECTION 20. Articles 102.004(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) A defendant convicted by a jury in a trial before a
justice or municipal court shall pay a jury fee of $10 [$3]. [A
defendant in a justice or municipal court who requests a trial by
jury and who withdraws the request not earlier than 24 hours before
the time of trial shall pay a jury fee of $3, if the defendant is
convicted of the offense or final disposition of the defendant's
case is deferred.] A defendant convicted by a jury in a county
court, a county court at law, or a district court shall pay a jury
fee of $20. A jury fee is nonrefundable.
(b) If two or more defendants are tried jointly in a justice
or municipal court, only one jury fee of $10 [$3] may be imposed
under this article. If the defendants sever and are tried
separately, each defendant convicted shall pay a jury fee. A jury
fee is nonrefundable.
SECTION 21. (a) Sections 62.002, 62.003, 62.004, 62.005,
62.006, 62.007, 62.008, 62.009, 62.010, 62.011, 62.0111, 62.012,
62.013, 62.014, 62.0142, 62.0145, 62.0146, 62.015, 62.016, 62.017,
62.0175, 62.018, 62.021, and 62.111, Government Code, are repealed.
(b) Articles 35.03, 35.04, 35.05, 35.11, and 35.12, Code of
Criminal Procedure, are repealed.
SECTION 22. This Act takes effect September 1, 2009.