Texas 2015 - 84th Regular

Texas Senate Bill SB824 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Huffman S.B. No. 824
2	2	(Clardy)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the number of jurors required in certain civil cases
8	8	pending in a statutory county court.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.0001(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) This subchapter applies to each statutory county court
13	13	in this state. Except as provided by Section 25.0007(c), if [If] a
14	14	provision of this subchapter conflicts with a specific provision
15	15	for a particular court or county, the specific provision controls.
16	16	SECTION 2. Section 25.0007, Government Code, is amended to
17	17	read as follows:
18	18	Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) Except
19	19	as provided by this section, the [The] drawing of jury panels,
20	20	selection of jurors, and practice in the statutory county courts
21	21	must conform to that prescribed by law for county courts.
22	22	(b) Practice in a statutory county court is that prescribed
23	23	by law for county courts, except that practice, procedure, rules of
24	24	evidence, issuance of process and writs, and all other matters
25	25	pertaining to the conduct of trials and hearings in the statutory
26	26	county courts[, other than the number of jurors,] that involve
27	27	those matters of concurrent jurisdiction with district courts are
28	28	governed by the laws and rules pertaining to district courts. This
29	29	section does not affect local rules of administration adopted under
30	30	Section 74.093.
31	31	(c) Notwithstanding any other provision of this chapter, in
32	32	any civil case pending in a statutory county court in which the
33	33	amount in controversy is $200,000 or more:
34	34	(1) the jury shall be composed of 12 members unless the
35	35	parties agree to a jury composed of six members; and
36	36	(2) drawing of jury panels, selection of jurors, and
37	37	practice and procedure must conform to that prescribed by law for
38	38	district courts in the county in which the statutory county court is
39	39	located.
40	40	SECTION 3. Section 25.1272(h), Government Code, is amended
41	41	to read as follows:
42	42	(h) If a jury trial is requested in a case that is in a
43	43	county court at law's jurisdiction, the jury shall be composed of
44	44	six members unless the constitution or other law requires a
45	45	12-member jury. Failure to object before a six-member jury is
46	46	seated and sworn constitutes a waiver of a 12-member jury.
47	47	SECTION 4. Section 25.1412(p), Government Code, is amended
48	48	to read as follows:
49	49	(p) Except as otherwise provided by this subsection, a jury
50	50	in a county court at law shall be composed of six members unless the
51	51	constitution or other law requires a 12-member jury. Failure to
52	52	object before a six-member jury is seated and sworn constitutes a
53	53	waiver of a 12-member jury unless required by law. In matters in
54	54	which the constitution or other law does not require a 12-member
55	55	jury and the county court at law has concurrent jurisdiction with
56	56	the district court, the jury may be composed of 12 members if a
57	57	party to the suit requests a 12-member jury and the judge of the
58	58	court consents. Except as provided by Section 25.0007(c), in [In]
59	59	a civil case tried in a county court at law, the parties may, by
60	60	mutual agreement and with the consent of the judge, agree to try the
61	61	case with any number of jurors and have a verdict rendered and
62	62	returned by the vote of any number of those jurors that is less than
63	63	the total number of jurors.
64	64	SECTION 5. Section 25.2292(d), Government Code, is amended
65	65	to read as follows:
66	66	(d) Except as provided by Section 25.0007(c), in [In] civil
67	67	cases, the jury is composed of six members unless:
68	68	(1) the amount in controversy exceeds $100,000; and
69	69	(2) a party to the case files a written request for a
70	70	12-member jury not later than the 30th day before the date of the
71	71	trial.
72	72	SECTION 6. Section 25.2362(i), Government Code, is amended
73	73	to read as follows:
74	74	(i) If a jury trial is requested in a case that is in a
75	75	county court at law's jurisdiction, the jury shall be composed of
76	76	six members unless the constitution or other law requires a
77	77	12-member jury.
78	78	SECTION 7. The change in law made by this Act applies only
79	79	to a trial commenced on or after the effective date of this Act. A
80	80	trial commenced before the effective date of this Act is governed by
81	81	the law in effect immediately before that date, and the former law
82	82	is continued in effect for that purpose.
83	83	SECTION 8. This Act takes effect September 1, 2015.