| 1 | 1 | | 88R5901 AMF-D |
|---|
| 2 | 2 | | By: Jones of Harris H.B. No. 1698 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prospective jurors summoned for jury service in the |
|---|
| 8 | 8 | | justice courts of a county with a population of one million or more. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 62.016(e), Government Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | (e) Subject to Section 62.413, when [When] impaneled, the |
|---|
| 13 | 13 | | prospective jurors constitute a general jury panel for service as |
|---|
| 14 | 14 | | jurors in all justice, county, and district courts in the county and |
|---|
| 15 | 15 | | shall be used interchangeably in all of those courts. A county may |
|---|
| 16 | 16 | | summon jurors chosen for service under this section to the justice |
|---|
| 17 | 17 | | court in the manner prescribed by Section 62.412. |
|---|
| 18 | 18 | | SECTION 2. Section 62.017(e), Government Code, is amended |
|---|
| 19 | 19 | | to read as follows: |
|---|
| 20 | 20 | | (e) When impaneled, the prospective jurors constitute a |
|---|
| 21 | 21 | | general jury panel for service as jurors in both district courts in |
|---|
| 22 | 22 | | the county and shall be used interchangeably in those courts. With |
|---|
| 23 | 23 | | the approval of both district judges, and subject to Section |
|---|
| 24 | 24 | | 62.413, prospective jurors impaneled under this section may |
|---|
| 25 | 25 | | constitute a general jury panel for service as jurors in the justice |
|---|
| 26 | 26 | | courts, the county court, and all statutory county courts in the |
|---|
| 27 | 27 | | county, in addition to service as jurors in both district courts, |
|---|
| 28 | 28 | | and in that event, shall be used interchangeably in all district, |
|---|
| 29 | 29 | | justice, and county courts. |
|---|
| 30 | 30 | | SECTION 3. Section 62.0175(e), Government Code, is amended |
|---|
| 31 | 31 | | to read as follows: |
|---|
| 32 | 32 | | (e) When impaneled, the prospective jurors constitute a |
|---|
| 33 | 33 | | general panel for service as jurors in both courts and shall be used |
|---|
| 34 | 34 | | interchangeably in those courts. With the approval of both judges, |
|---|
| 35 | 35 | | prospective jurors impaneled under this section may constitute a |
|---|
| 36 | 36 | | general panel for service as jurors in the justice courts, the |
|---|
| 37 | 37 | | county court, and all other county courts at law in the county, in |
|---|
| 38 | 38 | | addition to service as jurors in the district court and the county |
|---|
| 39 | 39 | | court at law that has concurrent jurisdiction. In that event, and |
|---|
| 40 | 40 | | subject to Section 62.413, the general panel shall be used |
|---|
| 41 | 41 | | interchangeably in the district court, county court, county courts |
|---|
| 42 | 42 | | at law, and justice courts. |
|---|
| 43 | 43 | | SECTION 4. Section 62.412(a), Government Code, is amended |
|---|
| 44 | 44 | | to read as follows: |
|---|
| 45 | 45 | | (a) Subject to Section 62.413, a [A] county that uses |
|---|
| 46 | 46 | | interchangeable juries under Section 62.016 may summon a |
|---|
| 47 | 47 | | prospective juror to report directly to a justice court in the |
|---|
| 48 | 48 | | precinct in which that person resides. |
|---|
| 49 | 49 | | SECTION 5. Subchapter E, Chapter 62, Government Code, is |
|---|
| 50 | 50 | | amended by adding Section 62.413 to read as follows: |
|---|
| 51 | 51 | | Sec. 62.413. SUMMONING PROSPECTIVE JURORS DIRECTLY TO |
|---|
| 52 | 52 | | JUSTICE COURT IN CERTAIN COUNTIES. (a) In a county with a |
|---|
| 53 | 53 | | population of one million or more, the county shall summon a |
|---|
| 54 | 54 | | prospective juror for jury service in a justice court of that county |
|---|
| 55 | 55 | | to report directly to the justice court in the precinct in which |
|---|
| 56 | 56 | | that person resides. |
|---|
| 57 | 57 | | (b) The justice of the peace of the justice court to which |
|---|
| 58 | 58 | | prospective jurors are summoned for jury service under this section |
|---|
| 59 | 59 | | shall hear the excuses of the prospective jurors and swear them in |
|---|
| 60 | 60 | | for jury service. |
|---|
| 61 | 61 | | (c) A justice of the peace may command the sheriff or |
|---|
| 62 | 62 | | constable to immediately summon additional persons for jury service |
|---|
| 63 | 63 | | in the justice court if the number of qualified jurors is less than |
|---|
| 64 | 64 | | the number necessary for the justice to conduct the court's |
|---|
| 65 | 65 | | proceedings. |
|---|
| 66 | 66 | | SECTION 6. Section 62.412(a-1), Government Code, is |
|---|
| 67 | 67 | | repealed. |
|---|
| 68 | 68 | | SECTION 7. Section 62.413, Government Code, as added by |
|---|
| 69 | 69 | | this Act, applies only to prospective jurors summoned to jury |
|---|
| 70 | 70 | | service under that section on or after the effective date of this |
|---|
| 71 | 71 | | Act. Prospective jurors summoned to jury service before the |
|---|
| 72 | 72 | | effective date of this Act are governed by the law in effect at the |
|---|
| 73 | 73 | | time the jurors were summoned, and the former law is continued in |
|---|
| 74 | 74 | | effect for that purpose. |
|---|
| 75 | 75 | | SECTION 8. This Act takes effect September 1, 2023. |
|---|