Texas 2025 - 89th Regular

Texas House Bill HB2637 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R20416 BCH-F
2	1		By: DeAyala H.B. No. 2637
3		-	Substitute the following for H.B. No. 2637:
4		-	By: Hayes C.S.H.B. No. 2637
5	2
6	3
7	4
8	5
9	6		A BILL TO BE ENTITLED
10	7		AN ACT
11	8		relating to the practice and procedures for summoning prospective
12	9		grand jurors and petit jurors and the exemption of certain persons
13		-	from grand jury and petit jury service.
	10	+	from grand jury and petit jury service; authorizing a fee.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15		-	SECTION 1. Article 19A.051(c), Code of Criminal Procedure,
	12	+	SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
	13	+	amended by adding Section 30.0071 to read as follows:
	14	+	Sec. 30.0071. DEMAND FOR JURY; JURY FEE. (a) A court in
	15	+	this state may not summon a jury in a civil trial unless a party to
	16	+	the civil action, not less than the 30th day before the first
	17	+	scheduled trial date:
	18	+	(1) files a written demand for a jury trial with the
	19	+	clerk of the court; and
	20	+	(2) pays to the clerk of the court a jury fee of $50.
	21	+	(b) The clerk of the court shall deposit a jury fee paid to
	22	+	the clerk under this section to the county jury fund under Chapter
	23	+	135, Local Government Code. The jury fee assessed under this
	24	+	section is in addition to the money allocated to the county jury
	25	+	fund.
	26	+	SECTION 2. Article 19A.051(c), Code of Criminal Procedure,
16	27		is amended to read as follows:
17	28		(c) The judge shall test the qualifications for and
18	29		exemptions [excuses] from service as a grand juror and impanel the
19	30		completed grand jury as provided by this chapter.
20		-	SECTION 2. The heading to Subchapter C, Chapter 19A, Code of
	31	+	SECTION 3. The heading to Subchapter C, Chapter 19A, Code of
21	32		Criminal Procedure, is amended to read as follows:
22	33		SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES]
23	34		FROM SERVICE
24		-	SECTION 3. Article 19A.101, Code of Criminal Procedure, is
	35	+	SECTION 4. Article 19A.101, Code of Criminal Procedure, is
25	36		amended to read as follows:
26	37		Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF
27	38		DISQUALIFIED PERSONS. (a) A person may be selected or serve as a
28	39		grand juror only if the person:
29	40		(1) is at least 18 years of age;
30	41		(2) is a citizen of the United States;
31	42		(3) is a resident of this state and of the county in
32	43		which the person is to serve;
33	44		(4) is qualified under the constitution and other laws
34	45		to vote in the county in which the grand jury is sitting, regardless
35	46		of whether the person is registered to vote;
36	47		(5) is of sound mind and good moral character;
37	48		(6) is able to read and write;
38	49		(7) has never been convicted of misdemeanor theft [or
39	50		a felony];
40	51		(8) has never been convicted of a felony;
41	52		(9) is not under indictment or other legal accusation
42	53		for misdemeanor theft or a felony;
43	54		(10) [(9)] is not related within the third degree by
44	55		consanguinity or second degree by affinity, as determined under
45	56		Chapter 573, Government Code, to any person selected to serve or
46	57		serving on the same grand jury;
47	58		(11) [(10)] has not served as a grand juror in the year
48	59		before the date on which the term of court for which the person has
49	60		been selected as a grand juror begins; and
50	61		(12) [(11)] is not a complainant in any matter to be
51	62		heard by the grand jury during the term of court for which the
52	63		person has been selected as a grand juror.
53	64		(b) On the third business day of each month, the clerk of the
54	65		district court shall prepare:
55	66		(1) a list of persons who in the preceding month were
56	67		disqualified from serving as a grand juror based on the person's
57	68		citizenship [or indictment or conviction for misdemeanor theft or a
58	69		felony] and send a copy of the list to:
59	70		(A) [(1)] the secretary of state;
60	71		(B) the voter registrar for the county in which
61	72		the grand jury is sitting; and
62	73		(C) [(2)] the prosecuting attorney for the court
63	74		to which the grand jurors were summoned for investigation into
64	75		whether any person made a false claim concerning the person's
65		-	qualification under Subsection (a)(2);
	76	+	qualification under Subsection (a)(2)[, (7), or (8)];
66	77		(2) a list of persons who in the preceding month were
67	78		disqualified from serving as a grand juror based on the person's
68	79		residency and send a copy of the list to:
69	80		(A) the secretary of state; and
70	81		(B) the voter registrar for the county in which
71	82		the grand jury is sitting; and
72	83		(3) a list of persons who in the preceding month were
73	84		disqualified from serving as a grand juror based on the person's
74		-	indictment ~~or conviction~~ for misdemeanor theft or a felony ~~and send~~
75		-	a copy of the list to:
	85	+	indictment for misdemeanor theft or a felony or a conviction for
	86	+	misdemeanor theft or a felony and send a copy of the list to:
76	87		(A) the secretary of state;
77	88		(B) the voter registrar for the county in which
78	89		the grand jury is sitting; and
79	90		(C) the prosecuting attorney for the court to
80	91		which the grand jurors were summoned for investigation into whether
81	92		any person made a false claim concerning the person's qualification
82		-	under Subsection (a)(7), (8), or (9) ~~[, (7), or (8)]~~.
83		-	SECTION 4. Article 19A.105, Code of Criminal Procedure, is
	93	+	under Subsection (a)(7), (8), or (9).
	94	+	SECTION 5. Article 19A.105, Code of Criminal Procedure, is
84	95		amended to read as follows:
85	96		Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND
86		-	JURY SERVICE. (a) The court shall excuse from serving any
87		-	~~summoned~~ person who does not possess the requisite qualifications
88		-	~~or who~~ claims an exemption to which the person is entitled.
	97	+	JURY SERVICE. (a) The court shall excuse from serving any summoned
	98	+	person who does not possess the requisite qualifications or who
	99	+	claims an exemption to which the person is entitled.
89	100		(b) The following qualified persons may be exempted
90	101		[excused] from grand jury service:
91		-	(1) a person who is 75 years of age or older [than 70
92		-	years of age];
	102	+	(1) a person 75 [older than 70] years of age or older;
93	103		(2) a person responsible for the care of a child who is
94	104		younger than 18 years of age and who will be without adequate
95	105		supervision if the person serves on the grand jury;
96	106		(3) a student of a public or private secondary school;
97	107		(4) a person enrolled in and in actual attendance at an
98	108		institution of higher education; and
99	109		(5) any other person the court determines has a
100	110		reasonable excuse from service.
101		-	SECTION 5. Subchapter C, Chapter 19A, Code of Criminal
	111	+	SECTION 6. Subchapter C, Chapter 19A, Code of Criminal
102	112		Procedure, is amended by adding Articles 19A.106 and 19A.107 to
103	113		read as follows:
104	114		Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A
105	115		person who is entitled to exemption from grand jury service because
106	116		the person is 75 years of age or older may establish a permanent
107	117		exemption on that ground as provided by this article.
108	118		(b) A person may claim a permanent exemption by filing with
109	119		the district clerk or the clerk of a district court in the county,
110	120		through an electronic transmission, mail, or personal delivery, a
111	121		signed statement affirming the person is 75 years of age or older
112	122		and desires a permanent exemption on that ground.
113	123		(c) The district clerk shall maintain a current register of
114	124		the name of each person who resides in the county and who has
115	125		claimed and is entitled to a permanent exemption from grand jury
116	126		service because the person is 75 years of age or older.
117	127		(d) On the third business day of each month, the district
118	128		clerk shall prepare a list of persons who in the preceding month
119	129		were permanently exempted from serving as a grand juror under this
120		-	article or rescinded a permanent exemption under Subsection (f) and
121		-	send a copy of the list to the secretary of state and the voter
122		-	registrar of each county served by the clerk.
	130	+	article and send a copy of the list to the secretary of state and the
	131	+	voter registrar of each county served by the clerk.
123	132		(e) A person whose name appears on the register of persons
124	133		permanently exempted from serving as a grand juror under this
125	134		article may not be selected or summoned for grand jury service by
126	135		any district judge in the county.
127	136		(f) A person who has claimed a permanent exemption from jury
128	137		service under this article may rescind the exemption at any time by
129	138		filing a signed request for the rescission with the district clerk
130	139		or the clerk of a district court in the county. Rescission of a
131	140		permanent exemption does not affect the right of a person who is 75
132	141		years of age or older to claim a permanent exemption at a later
133	142		time.
134	143		Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a)
135	144		The district clerk shall maintain a list of the name and address of
136	145		each person who is disqualified under this subchapter from grand
137	146		jury service because the person was convicted of misdemeanor theft
138	147		or a felony.
139	148		(b) A person who was convicted of misdemeanor theft or a
140	149		felony is permanently disqualified from serving as a juror.
141	150		(c) A person whose name appears on the list maintained under
142	151		this article may not be selected or summoned for grand jury service
143	152		by any judge of a district court served by the clerk.
144	153		(d) On the third business day of each month, the district
145	154		clerk shall send a copy of the list maintained under this article
146		-	to:
	155	+	to;
147	156		(1) the secretary of state;
148	157		(2) the voter registrar for the county in which the
149	158		grand jury is sitting; and
150	159		(3) the prosecuting attorney for the court to which
151	160		the grand jurors were summoned for investigation into whether any
152	161		person made a false claim concerning the person's qualification
153		-	under Article 19A.101(a)(7) or (8).
154		-	SECTION 6. ~~Sections~~ 62.001~~(a) and (b)~~, Government Code, ~~are~~
155		-	~~amended~~ to read as follows:
	162	+	under Article 19A.101(a)(7)and(8).
	163	+	SECTION 7. Section 62.001, Government Code, is amended by
	164	+	amending Subsections (a) and (b) to read as follows:
156	165		(a) The jury wheel must be reconstituted by using, as the
157	166		source:
158	167		(1) the names of all persons on the current voter
159	168		registration lists from all the precincts in the county; and
160	169		(2) all names on a current list to be furnished by the
161	170		Department of Public Safety, showing the citizens of the county
162	171		who:
163	172		(A) hold a valid Texas driver's license or a
164	173		valid personal identification card or certificate issued by the
165	174		department; and
166	175		(B) are not disqualified from jury service under
167	176		Section 62.102(1), (2), (3), (7), or (8).
168	177		(b) Notwithstanding Subsection (a), the names of persons
169	178		listed on a register of persons exempt from jury service may not be
170		-	placed in the jury wheel, as provided by Sections 62.108 ~~and~~[,]
171		-	62.109 [, 62.113, 62.114, and 62.115].
172		-	SECTION 7. Section 62.0132(g), Government Code, is amended
	179	+	placed in the jury wheel, as provided by Sections 62.108[,] and
	180	+	62.109 [62.113,62.114, and 62.115].
	181	+	SECTION 8. Section 62.0132(g), Government Code, is amended
173	182		to read as follows:
174	183		(g) The information contained in a completed questionnaire
175	184		may be disclosed to:
176	185		(1) a judge assigned to hear a cause of action in which
177	186		the respondent to the questionnaire is a potential juror;
178	187		(2) court personnel;
179	188		(3) a litigant and a litigant's attorney in a cause of
180	189		action in which the respondent to the questionnaire is a potential
181	190		juror; and
182	191		(4) other than information provided that is related to
183	192		Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the
184	193		voter registrar of a county in connection with any matter of voter
185	194		registration or the administration of elections.
186		-	SECTION 8. Section 62.102, Government Code, is amended to
	195	+	SECTION 9. Section 62.102, Government Code, is amended to
187	196		read as follows:
188	197		Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
189	198		person is disqualified to serve as a petit juror unless the person:
190	199		(1) is at least 18 years of age;
191	200		(2) is a citizen of the United States;
192	201		(3) is a resident of this state and of the county in
193	202		which the person is to serve as a juror;
194	203		(4) is qualified under the constitution and laws to
195	204		vote in the county in which the person is to serve as a juror;
196	205		(5) is of sound mind and good moral character;
197	206		(6) is able to read and write;
198	207		(7) [has not served as a petit juror for six days
199	208		during the preceding three months in the county court or during the
200	209		preceding six months in the district court;
201	210		[(8)] has not been convicted of misdemeanor theft [or
202		-	a felony];
203		-	(8) has not been convicted of a felony; ~~[and]~~
	211	+	a felony]; [and]
	212	+	(8) has not been convicted of a felony;
204	213		(9) is not under indictment or other legal accusation
205	214		for misdemeanor theft or a felony; and
206	215		(10) has not served as a petit juror for six days
207	216		during the preceding three months in the county court or during the
208	217		preceding six months in the district court.
209		-	SECTION 9. Section 62.106(a), Government Code, is amended
	218	+	SECTION 10. Section 62.106(a), Government Code, is amended
210	219		to read as follows:
211	220		(a) A person qualified to serve as a petit juror may
212	221		establish an exemption from jury service if the person:
213	222		(1) is [over] 75 years of age or older;
214	223		(2) has legal custody of a child younger than 12 years
215	224		of age and the person's service on the jury requires leaving the
216	225		child without adequate supervision;
217	226		(3) is a student of a public or private secondary
218	227		school;
219	228		(4) is a person enrolled and in actual attendance at an
220	229		institution of higher education;
221	230		(5) is an officer or an employee of the senate, the
222	231		house of representatives, or any department, commission, board,
223	232		office, or other agency in the legislative branch of state
224	233		government;
225	234		(6) is summoned for service in a county with a
226	235		population of at least 200,000, unless that county uses a jury plan
227	236		under Section 62.011 and the period authorized under Section
228	237		62.011(b)(5) exceeds two years, and the person has served as a petit
229	238		juror in the county during the 24-month period preceding the date
230	239		the person is to appear for jury service;
231	240		(7) is the primary caretaker of a person who is unable
232	241		to care for himself or herself;
233	242		(8) except as provided by Subsection (b), is summoned
234	243		for service in a county with a population of at least 250,000 and
235	244		the person has served as a petit juror in the county during the
236	245		three-year period preceding the date the person is to appear for
237	246		jury service; or
238	247		(9) is a member of the United States military forces
239	248		serving on active duty and deployed to a location away from the
240	249		person's home station and out of the person's county of residence.
241		-	SECTION 10. Section 62.107(c), Government Code, is amended
	250	+	SECTION 11. Section 62.107(c), Government Code, is amended
242	251		to read as follows:
243	252		(c) A person who files a statement with a clerk of the court,
244	253		as provided by Subsection (a), claiming an exemption because the
245	254		person is [over] 75 years of age or older, may also claim the
246	255		permanent exemption on that ground authorized by Section 62.108 by
247	256		including in the statement filed with the clerk a declaration that
248	257		the person desires the permanent exemption. The [Promptly after a
249	258		statement claiming a permanent exemption on the basis of age is
250	259		filed, the] clerk of the court with whom the declaration [it] is
251		-	filed shall notify ~~the secretary of state and~~ [have a copy delivered
252		-	~~to] the voter registrar of~~ the county.
253		-	SECTION 11. Section 62.108, Government Code, is amended by
	260	+	filed shall notify [have a copy delivered to] the voter registrar of
	261	+	the county.
	262	+	SECTION 12. Section 62.108, Government Code, is amended by
254	263		amending Subsections (a), (b), (c), and (e) and adding Subsection
255	264		(c-1) to read as follows:
256	265		(a) A person who is entitled to exemption from jury service
257	266		because the person is [over] 75 years of age or older may establish
258	267		a permanent exemption on that ground as provided by this section or
259	268		Section 62.107.
260	269		(b) A person may claim a permanent exemption:
261	270		(1) by filing with the district clerk [voter
262	271		registrar] of the county, by mail or personal delivery, a signed
263	272		statement affirming that the person is [over] 75 years of age or
264	273		older and desires a permanent exemption on that ground; or
265	274		(2) in the manner provided by Section 62.107(c).
266	275		(c) The district clerk [voter registrar] of the county shall
267	276		maintain a current register indicating the name of each person who
268	277		has claimed and is entitled to a permanent exemption from jury
269	278		service because the person is [over] 75 years of age or older.
270	279		(c-1) On the third business day of each month, the district
271	280		clerk shall prepare a list of persons who in the preceding month
272	281		claimed and were entitled to a permanent exemption under this
273		-	section or a rescission of a permanent exemption under Subsection
274		-	(e) and send a copy of the list to the secretary of state and the
	282	+	section and send a copy of the list to the secretary of state and the
275	283		voter registrar of each county served by the clerk.
276	284		(e) A person who has claimed a permanent exemption from jury
277	285		service because the person is [over] 75 years of age or older may
278	286		rescind the exemption at any time by filing a signed request for the
279	287		rescission with the voter registrar of the county. Rescission of a
280	288		permanent exemption does not affect the right of a person who is
281	289		[over] 75 years of age or older to claim permanent exemption at a
282	290		later time.
283		-	SECTION 12. Section 62.109, Government Code, is amended by
	291	+	SECTION 13. Section 62.109, Government Code, is amended by
284	292		amending Subsections (a), (b), (d), and (e) and adding Subsection
285	293		(b-1) to read as follows:
286	294		(a) The judge of a district court or the district clerk [by
287	295		order] may permanently or for a specified period exempt from
288	296		service as a juror in all the county and district courts in the
289	297		county a person with a physical or mental impairment or with an
290	298		inability to comprehend or communicate in the English language that
291	299		makes it impossible or very difficult for the person to serve on a
292	300		jury.
293	301		(b) A person requesting an exemption under this section must
294	302		submit to the court or the district clerk an affidavit stating the
295	303		person's name and address and the reason for and the duration of the
296	304		requested exemption. A person requesting an exemption due to a
297	305		physical or mental impairment must attach to the affidavit a
298	306		statement from a physician. The affidavit and physician's
299	307		statement may be submitted to the court at the time the person is
300	308		summoned for jury service or at any other time.
301	309		(b-1) The district clerk shall maintain a current list
302	310		indicating the name of each person permanently or temporarily
303	311		exempt under this section and the period of the exemption.
304	312		(d) A person included on the list maintained under
305	313		Subsection (b-1) [listed on the register] may not be summoned for
306	314		jury service during the period for which the person is exempt. The
307	315		name of a person included on the list maintained under Subsection
308	316		(b-1) [listed on the register] may not be placed in the jury wheel
309	317		or otherwise used in preparing the record of names from which a jury
310	318		list is selected during the period for which the person is exempt.
311	319		(e) A person exempt from jury service under this section may
312	320		rescind the exemption at any time by filing a signed request for the
313	321		rescission with the district clerk [voter registrar] of the county.
314		-	SECTION 13. Sections 62.113(a) and (b), Government Code,
	322	+	SECTION 14. Sections 62.113(a) and (b), Government Code,
315	323		are amended to read as follows:
316	324		(a) The clerk of the court shall maintain a list of the name
317	325		and address of each person who is [excused or] disqualified under
318	326		this subchapter from jury service because the person is not a
319	327		citizen of the United States.
320	328		(b) On the third business day of each month, the clerk shall
321	329		send a copy of the list of persons [excused or] disqualified because
322	330		of citizenship in the previous month to:
323	331		(1) the voter registrar of the county;
324	332		(2) the secretary of state; and
325	333		(3) the county or district attorney for an
326	334		investigation of whether the person committed an offense under
327	335		Section 13.007, Election Code, or other law.
328		-	SECTION 14. Sections 62.114(a) and (b), Government Code,
	336	+	SECTION 15. Sections 62.114(a) and (b), Government Code,
329	337		are amended to read as follows:
330	338		(a) The clerk of the court shall maintain a list containing
331	339		the name and address of each person who is [excused or] disqualified
332	340		under this subchapter from jury service because the person is not a
333	341		resident of the county.
334	342		(b) On the third business day of each month, the clerk shall
335	343		send a copy of the list of persons [excused or] disqualified in the
336	344		previous month because the persons do not reside in the county to:
337	345		(1) the voter registrar of the county; and
338	346		(2) the secretary of state.
339		-	SECTION 15. Sections 62.115(c) and (d), Government Code,
	347	+	SECTION 16. Sections 62.115(c) and (d), Government Code,
340	348		are amended to read as follows:
341	349		(c) The district clerk shall [may] remove from the jury
342	350		wheel the jury wheel card for the person whose name appears on the
343	351		list.
344	352		(d) On the third business day of each month, the clerk shall
345		-	send [to the secretary of state] a copy of the list of persons
346		-	disqualified because of a conviction of misdemeanor theft or a
347		-	felony to:
	353	+	send a list of the persons disqualified based on the person's
	354	+	conviction for misdemeanor theft or a felony to:
348	355		(1) the secretary of state;
349	356		(2) the voter registrar of the county; and
350	357		(3) the prosecuting attorney for a court to which a
351	358		person was summoned for investigation into whether the person
352		-	falsely made a claim related to a disqualification under Section
353		-	62.102(7) or (8) [in the preceding month].
354		-	SECTION 16. The changes in law made by this Act apply only
	359	+	falsely claimed a disqualification under Section 62.102(a)(7) or
	360	+	(8) [to the secretary of state a copy of the list of persons
	361	+	disqualified because of a conviction of misdemeanor theft or a
	362	+	felony in the preceding month].
	363	+	SECTION 17. Section 30.0071, Civil Practice and Remedies
	364	+	Code, as added by this Act, applies only to a jury demand filed on or
	365	+	after the effective date of this Act. A jury demand filed before
	366	+	the effective date of this Act is governed by the law in effect when
	367	+	the demand was filed, and the former law is continued in effect for
	368	+	that purpose.
	369	+	SECTION 18. The changes in law made by this Act apply only
355	370		to a person who is summoned to appear for service on a grand jury or
356	371		petit jury on or after the effective date of this Act. A person who
357	372		is summoned to appear for service on a grand jury or petit jury
358	373		before the effective date of this Act is governed by the law in
359	374		effect on the date the person was summoned, and the former law is
360	375		continued in effect for that purpose.
361		-	SECTION 17. This Act takes effect September 1, 2025.
	376	+	SECTION 19. This Act takes effect September 1, 2025.