Texas 2017 - 85th Regular

Texas Senate Bill SB2020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton, Zaffirini S.B. No. 2020
	1	+	By: Creighton S.B. No. 2020
	2	+	(In the Senate - Filed March 10, 2017; March 27, 2017, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 18, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 18, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2020 By: Creighton
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to voter information used for juror selections.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Sections 62.001(a), (b), (c), (f), (g), and (h),
9	16		Government Code, are amended to read as follows:
10	17		(a) The jury wheel must be reconstituted by using, as the
11	18		source:
12	19		(1) the names of all persons on the current statewide
13	20		voter registration list maintained as required under Section
14	21		18.061, Election Code, [lists] from all the precincts in the
15	22		county; and
16	23		(2) all names on a current list to be furnished by the
17	24		Department of Public Safety as required by Subsection (f), showing
18	25		the residents [citizens] of the county who:
19	26		(A) hold a valid Texas driver's license or a
20	27		valid personal identification card or certificate issued by the
21	28		department; and
22	29		(B) are not disqualified from jury service under
23	30		Section 62.102(1), (2), (3), or (8) [(7)].
24	31		(b) Notwithstanding Subsection (a), the following names [of
25	32		persons listed on a register of persons exempt from jury service]
26	33		may not be placed in the jury wheel:
27	34		(1) the names of persons listed on a registrar of
28	35		persons exempt from jury service[,] as provided by Sections 62.108
29	36		and 62.109; and
30	37		(2) the names of persons on the suspense list
31	38		maintained by the voter registrar under Section 15.081, Election
32	39		Code.
33	40		(c) Each year not later than the third Tuesday in November
34	41		or the date provided by Section 16.032, Election Code, for the
35	42		cancellation of voter registrations, whichever is earlier, the
36	43		voter registrar of each county shall furnish to the secretary of
37	44		state a list of people exempted from jury service under Subsection
38	45		(b) [current voter registration list from all the precincts in the
39	46		county that, except as provided by Subsection (d), includes:
40	47		[(1) the complete name, mailing address, date of
41	48		birth, voter registration number, and precinct number for each
42	49		voter;
43	50		[(2) if available, the Texas driver's license number
44	51		or personal identification card or certificate number and social
45	52		security number for each voter; and
46	53		[(3) any other information included on the voter
47	54		registration list of the county].
48	55		(f) The Department of Public Safety shall furnish a list to
49	56		the secretary of state that shows the names required under
50	57		Subsection (a)(2) and that contains any [of the] information
51	58		[enumerated in Subsection (c) that is] available to the department
52	59		regarding a person's residential address, mailing address, date of
53	60		birth, Texas driver's license number or personal identification
54	61		card or certificate number, social security number, [including]
55	62		citizenship status, and county of residence. The list shall
56	63		exclude the names of convicted felons, persons who are not citizens
57	64		of the United States, persons residing outside the county, and the
58	65		duplicate name of any registrant. The department shall furnish the
59	66		list to the secretary of state on or before the first Monday in
60	67		October of each year.
61	68		(g) The secretary of state shall accept the lists furnished
62	69		as provided by Subsections (c) and [(c) through] (f). The secretary
63	70		of state shall combine the list furnished under Subsection (f) with
64	71		the information on the statewide voter registration list maintained
65	72		by the voter registrar as required under Section 18.061, Election
66	73		Code, eliminate duplicate names and names of exempt persons on the
67	74		list provided to the secretary of state under Subsection (c)
68	75		[lists, eliminate duplicate names], and send the combined list to
69	76		each county on or before December 31 of each year or as may be
70	77		required under a plan developed in accordance with Section 62.011.
71	78		The district clerk or bailiff designated as the officer in charge of
72	79		the jury selection process for a county that has adopted a plan
73	80		under Section 62.011 shall give the secretary of state notice not
74	81		later than the 90th day before the date the list is required. The
75	82		list furnished the county [must be in a format, electronic or
76	83		printed copy, as requested by the county and] must be certified by
77	84		the secretary of state stating that the list contains the names
78	85		required by Subsection (a) and excludes the names of exempt persons
79	86		provided to the secretary of state under Subsection [Subsections
80	87		(c) through] (f), eliminating duplications. The secretary of state
81	88		shall furnish the electronic list free of charge.
82	89		(h) If the secretary of state is unable to furnish the list
83	90		as provided in this section because of the failure of the voter
84	91		registrar to furnish the information necessary to maintain the
85	92		statewide voter registration list as required under Section 18.061,
86	93		Election Code [county voter registration list to the secretary of
87	94		state], the county tax assessor-collector, sheriff, county clerk,
88	95		and district clerk in the county shall meet at the county courthouse
89	96		between January 1 and January 15 of the following year and shall
90	97		reconstitute the jury wheel for the county, except as provided
91	98		under a plan adopted under Section 62.011. The deadlines included
92	99		in the plan control for preparing the list and reconstituting the
93	100		wheel. The secretary of state shall send the list furnished by the
94	101		Department of Public Safety as provided by Subsection (f) to the
95	102		voter registrar, who shall combine the lists as described in this
96	103		section for use as the juror source and certify the combined list as
97	104		required of the secretary of state under Subsection (g).
98	105		SECTION 2. Section 62.011, Government Code, is amended by
99	106		amending Subsection (d) and adding Subsection (e) to read as
100	107		follows:
101	108		(d) A state agency or the secretary of state may not charge a
102	109		fee for furnishing an electronic [a] list of names required by
103	110		Section 62.001.
104	111		(e) The commissioners court of a county that has adopted a
105	112		jury selection plan must file with the Office of Court
106	113		Administration of the Texas Judicial System a copy of the plan and
107	114		any modification to the plan.
108	115		SECTION 3. Section 62.113, Government Code, is amended by
109	116		adding Subsection (b-1) and amending Subsection (e) to read as
110	117		follows:
111	118		(b-1) The list of persons excused or disqualified because of
112	119		citizenship as required by Subsection (b) may not be combined with
113	120		or submitted simultaneously with any other list required to be
114	121		submitted to the voter registrar of the county, including a list
115	122		submitted under Section 62.114.
116	123		(e) The information required to be filed with the secretary
117	124		of state under this section must be filed electronically in the
118	125		format prescribed by the secretary of state. The secretary of state
119	126		may waive this requirement on application for a waiver submitted by
120	127		the clerk.
121	128		SECTION 4. Section 62.114, Government Code, is amended by
122	129		adding Subsection (e) to read as follows:
123	130		(e) The list compiled under this section of persons excused
124	131		or disqualified because the person is not a resident of the county
125	132		may not be combined with or submitted simultaneously with any other
126	133		list required to be submitted to the voter registrar of the county,
127	134		including a list submitted under Section 62.113.
128	135		SECTION 5. Sections 62.001(d) and (e), Government Code, are
129	136		repealed.
130	137		SECTION 6. This Act takes effect September 1, 2017.
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