By: Huffman S.B. No. 824
(Clardy)
A BILL TO BE ENTITLED
AN ACT
relating to the number of jurors required in certain civil cases
pending in a statutory county court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0001(a), Government Code, is amended
to read as follows:
(a) This subchapter applies to each statutory county court
in this state. Except as provided by Section 25.0007(c), if [If] a
provision of this subchapter conflicts with a specific provision
for a particular court or county, the specific provision controls.
SECTION 2. Section 25.0007, Government Code, is amended to
read as follows:
Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) Except
as provided by this section, the [The] drawing of jury panels,
selection of jurors, and practice in the statutory county courts
must conform to that prescribed by law for county courts.
(b) Practice in a statutory county court is that prescribed
by law for county courts, except that practice, procedure, rules of
evidence, issuance of process and writs, and all other matters
pertaining to the conduct of trials and hearings in the statutory
county courts[, other than the number of jurors,] that involve
those matters of concurrent jurisdiction with district courts are
governed by the laws and rules pertaining to district courts. This
section does not affect local rules of administration adopted under
Section 74.093.
(c) Notwithstanding any other provision of this chapter, in
any civil case pending in a statutory county court in which the
amount in controversy is $200,000 or more:
(1) the jury shall be composed of 12 members unless the
parties agree to a jury composed of six members; and
(2) drawing of jury panels, selection of jurors, and
practice and procedure must conform to that prescribed by law for
district courts in the county in which the statutory county court is
located.
SECTION 3. Section 25.1272(h), Government Code, is amended
to read as follows:
(h) If a jury trial is requested in a case that is in a
county court at law's jurisdiction, the jury shall be composed of
six members unless the constitution or other law requires a
12-member jury. Failure to object before a six-member jury is
seated and sworn constitutes a waiver of a 12-member jury.
SECTION 4. Section 25.1412(p), Government Code, is amended
to read as follows:
(p) Except as otherwise provided by this subsection, a jury
in a county court at law shall be composed of six members unless the
constitution or other law requires a 12-member jury. Failure to
object before a six-member jury is seated and sworn constitutes a
waiver of a 12-member jury unless required by law. In matters in
which the constitution or other law does not require a 12-member
jury and the county court at law has concurrent jurisdiction with
the district court, the jury may be composed of 12 members if a
party to the suit requests a 12-member jury and the judge of the
court consents. Except as provided by Section 25.0007(c), in [In]
a civil case tried in a county court at law, the parties may, by
mutual agreement and with the consent of the judge, agree to try the
case with any number of jurors and have a verdict rendered and
returned by the vote of any number of those jurors that is less than
the total number of jurors.
SECTION 5. Section 25.2292(d), Government Code, is amended
to read as follows:
(d) Except as provided by Section 25.0007(c), in [In] civil
cases, the jury is composed of six members unless:
(1) the amount in controversy exceeds $100,000; and
(2) a party to the case files a written request for a
12-member jury not later than the 30th day before the date of the
trial.
SECTION 6. Section 25.2362(i), Government Code, is amended
to read as follows:
(i) If a jury trial is requested in a case that is in a
county court at law's jurisdiction, the jury shall be composed of
six members unless the constitution or other law requires a
12-member jury.
SECTION 7. The change in law made by this Act applies only
to a trial commenced on or after the effective date of this Act. A
trial commenced before the effective date of this Act is governed by
the law in effect immediately before that date, and the former law
is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2015.