GOVERNMENT CODE
CHAPTER 62. PETIT JURIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.001. JURY SOURCE; RECONSTITUTION OF JURY
WHEEL. (a) The jury wheel must be reconstituted by using, as the
source:
(1) the names of all persons on the current voter
registration lists from all the precincts in the county; and
(2) all names on a current list to be furnished by the
Department of Public Safety, showing the citizens of the county
who:
(A) hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
department; and
(B) are not disqualified from jury service under
Section 62.102(1), (2), or (7).
(b) Notwithstanding Subsection (a), the names of persons
listed on a register of persons exempt from jury service may not be
placed in the jury wheel, as provided by Sections 62.108 and 62.109.
(c) Each year not later than the third Tuesday in November
or the date provided by Section 16.032, Election Code, for the
cancellation of voter registrations, whichever is earlier, the
voter registrar of each county shall furnish to the secretary of
state a current voter registration list from all the precincts in
the county that, except as provided by Subsection (d), includes:
(1) the complete name, mailing address, date of birth,
voter registration number, and precinct number for each voter;
(2) if available, the Texas driver's license number or
personal identification card or certificate number and social
security number for each voter; and
(3) any other information included on the voter
registration list of the county.
(d) The list required by Subsection (c) may exclude, at the
option of the voter registrar of each county, the names of persons
on the suspense list maintained under Section 15.081, Election
Code.
(e) The voter registrar shall send a list of the names of
persons excluded to the secretary of state with the list required by
Subsection (c).
(f) The Department of Public Safety shall furnish a list to
the secretary of state that shows the names required under
Subsection (a)(2) and that contains any of the information
enumerated in Subsection (c) that is available to the department,
including citizenship status and county of residence. The list
shall exclude the names of convicted felons, persons who are not
citizens of the United States, persons residing outside the county,
and the duplicate name of any registrant. The department shall
furnish the list to the secretary of state on or before the first
Monday in October of each year.
(g) The secretary of state shall accept the lists furnished
as provided by Subsections (c) through (f). The secretary of state
shall combine the lists, eliminate duplicate names, and send the
combined list to each county on or before December 31 of each year
or as may be required under a plan developed in accordance with
Section 62.011. The district clerk of a county that has adopted a
plan under Section 62.011 shall give the secretary of state notice
not later than the 90th day before the date the list is required.
The list furnished the county must be in a format, electronic or
printed copy, as requested by the county and must be certified by
the secretary of state stating that the list contains the names
required by Subsections (c) through (f), eliminating duplications.
The secretary of state shall furnish the list free of charge.
(h) If the secretary of state is unable to furnish the list
as provided in this section because of the failure of the voter
registrar to furnish the county voter registration list to the
secretary of state, the county tax assessor-collector, sheriff,
county clerk, and district clerk in the county shall meet at the
county courthouse between January 1 and January 15 of the following
year and shall reconstitute the jury wheel for the county, except as
provided under a plan adopted under Section 62.011. The deadlines
included in the plan control for preparing the list and
reconstituting the wheel. The secretary of state shall send the
list furnished by the Department of Public Safety as provided by
Subsection (f) to the voter registrar, who shall combine the lists
as described in this section for use as the juror source and certify
the combined list as required of the secretary of state under
Subsection (g).
(i) The commissioners court may, instead of using the method
provided by Subsections (c) through (h), contract with another
governmental unit or a private person to combine the voter
registration list with the list furnished by the Department of
Public Safety. Subsections (c) through (h) do not apply to a county
in which the commissioners court has contracted with another
governmental unit or a private person under this subsection. The
Department of Public Safety may not charge a fee for furnishing a
list under this subsection. Each list must contain the name, date
of birth, address, county of residence, and citizenship status of
each person listed. If practical, each list must contain any other
information useful in determining if the person is qualified to
serve as a juror.
(j) Notwithstanding Subsection (a), in a county with a
population of 250,000 or more, the names of persons who are summoned
for jury service in the county and who appear for service must be
removed from the jury wheel and may not be maintained in the jury
wheel until the third anniversary of the date the person appeared
for service or until the next date the jury wheel is reconstituted,
whichever date occurs earlier. This subsection applies regardless
of whether the person served on a jury as a result of the summons.
(k) In reconstituting the jury wheel, the county or district
clerk shall update jury wheel cards to reflect addresses that have
been changed as provided by Section 62.0146.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 132, § 1, eff. Sept. 1, 1989; Acts
1989, 71st Leg., ch. 789, § 1, eff. June 15, 1989; Acts 1991,
72nd Leg., ch. 442, § 1, eff. Jan. 1, 1992; Acts 1997, 75th Leg.,
ch. 425, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 640,
§ 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 571, § 1,
eff. June 11, 2001.
§ 62.002. JURY WHEEL CARDS. (a) The officials or their
deputies who reconstitute the jury wheel shall write on a separate
jury wheel card of uniform size and color the name and, if possible,
the post office address of each prospective juror that resides in
the county and whose name appears on the current lists used under
Section 62.001. The name of each prospective juror may appear on
only one card.
(b) In a county with a population of 140,000 or more, the
commissioners court shall employ typists who shall type the names
and addresses of qualified prospective jurors on separate jury
wheel cards of uniform size and color under the direction and
control of the district clerk. The expenses incurred in typing the
names and addresses must be authorized, reported, and paid and
accounted for under the laws and rules that govern the payment of
other expenses of the office of district clerk. The compensation of
the typists and the expenses are paid from the jury fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 132, § 2, eff. Sept. 1, 1989.
§ 62.003. CONSTRUCTION AND SECURITY OF JURY
WHEEL. (a) The commissioners court shall provide a jury wheel in
which to deposit the jury wheel cards.
(b) The jury wheel must revolve freely on its axle and be
constructed of a durable material. The jury wheel may be equipped
with a motor capable of revolving the wheel in a manner that
thoroughly mixes the jury wheel cards.
(c) At all times that it is not in use as provided by this
subchapter, the jury wheel shall be locked by using two separate
locks. The key to one lock may not open the other lock. The clasps
attached to the jury wheel onto which the two locks are fitted must
be arranged so that the jury wheel may be opened only if the two
locks are unlocked at the same time. The sheriff shall keep the key
to one lock. The district clerk shall keep the key to the other
lock.
(d) The sheriff and the district clerk may not open the jury
wheel or permit it to be opened except at a time and in a manner
authorized by this subchapter, or permit another person to open the
wheel if the person is not authorized by this subchapter to open the
wheel.
(e) The sheriff and the district clerk shall keep the jury
wheel, when not in use, in a safe place with security that prevents
anyone from tampering with the jury wheel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.004. DRAWING NAMES FOR JURY LISTS. (a) The county
clerk and the sheriff of the county shall draw the names of the
prospective jurors for a county court from the jury wheel in the
presence and under the direction of the county judge. The district
clerk and the sheriff or any constable of the county shall draw the
names of the prospective jurors for a justice or a district court
from the jury wheel in the presence and under the direction of the
district judge.
(b) The county or district clerk and the sheriff or
constable shall draw the names of prospective jurors from the jury
wheel after the wheel has been turned to thoroughly mix the jury
wheel cards and shall draw the names one by one if so directed by the
judge in whose presence the names are drawn. The names of
prospective jurors shall be drawn at least 10 days before the first
day of the term of court.
(c) The county or district clerk and the sheriff or
constable shall draw as many jury lists as are required for the term
of court. They shall record the names that are drawn on as many
lists as the judge in whose presence the names are drawn considers
necessary to ensure an adequate number of jurors for the term.
(d) A deputy may represent the county or district clerk or
the sheriff or constable at the drawing. Other persons may be
present only as provided by this subchapter.
(e) An official attending the drawing may not divulge to
anyone the name of a person that is drawn as a prospective juror.
(f) The names of additional prospective jurors may be drawn
as needed in the manner provided by this section if it appears at
any time during the term of court that the jury lists already drawn
will be exhausted before the term expires.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 7, § 1, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 36, § 1, eff. Sept. 1, 1997.
§ 62.005. OBSERVATION OF DRAWING OF NAMES. (a) On
written application of a party in a case that is pending on the
docket of a justice, county, or district court for which a jury is
required, the party or his authorized representative may be present
and observe the drawing of the names of prospective jurors from the
jury wheel and the placement of the names on the jury lists for the
time period in which the party's case is set for trial.
(b) The identity of the persons whose names are drawn from
the jury wheel and placed on the jury lists may not be revealed to
the observer.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 7, § 2, eff. Sept. 1, 1991.
§ 62.006. CERTIFICATION OF JURY LISTS. (a) The county
or district clerk or the clerk's deputy who draws the names of
prospective jurors and the judge in whose presence the names were
drawn for placement on jury lists shall certify the jury lists to be
the lists drawn for that term.
(b) Each certified jury list must be sealed in a separate
envelope that is endorsed, "List No. ______ of the petit jurors
drawn on the ______ day of __________, 19____, for the ______ Court
of __________ County." The blanks in the endorsement on an envelope
must be properly filled. The envelopes shall be consecutively
numbered starting with the number one.
(c) The county or district clerk or the clerk's deputy who
draws the names shall write his name across the seal of each
envelope and deliver the envelopes to the judge in whose presence
the names were drawn.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.007. ENVELOPES CONTAINING JURY LISTS;
OATH. (a) The justice of the peace or the county or district
judge receiving an envelope containing a jury list shall inspect
the envelope for proper endorsement.
(b) The judge shall return the envelope to the county or
district clerk or clerk's deputy on completion of his inspection
and may instruct the clerk or deputy to endorse on the envelope that
the jury for that week is to be summoned for a day other than Monday
of that week.
(c) At the time that the judge returns the envelope to the
clerk or deputy, the judge shall administer to the clerk and each of
the clerk's deputies an oath that in substance provides:
"You do solemnly swear that you will not open an envelope
containing a jury list now delivered to you nor permit an envelope
to be opened until the time prescribed by law; and that you will not
communicate to any person the names appearing on a jury list nor
directly or indirectly converse or communicate with a person
selected as a juror about a case pending for trial in this court at
its next term, so help you God."
(d) Immediately after the judge returns an envelope
containing a jury list to the clerk or deputy, the clerk shall file
the envelope in a secure place in his office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 7, § 3, eff. Sept. 1, 1991.
§ 62.008. ENVELOPES CONTAINING JURY WHEEL
CARDS. (a) At the time that names are drawn for jury service and
placed on a jury list, the jury wheel cards containing the names on
the jury list shall be sealed in a separate envelope that is
endorsed, "Cards containing the names of jurors on List No. ______
of the petit jurors drawn on the ______ day of __________, 19____,
for the ______ Court of __________ County." The blanks in the
endorsement on an envelope shall be properly filled.
(b) The county or district clerk, as the case may be, shall
retain unopened a sealed envelope containing jury wheel cards in a
secure manner until the jurors selected from the jury list with
names corresponding to those on the jury wheel cards in the envelope
are impaneled for jury service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.009. REUSE OF JURY WHEEL CARDS. (a) After jurors
are impaneled and serve at least four days, the clerk or his deputy
shall open the envelope containing the jury wheel cards with names
that correspond to those on a jury list from which the impaneled
jurors were selected for jury service.
(b) On opening the envelope, the clerk or his deputy shall
immediately return to the jury wheel each card in the envelope with
the name of a person who was not impaneled or who did not serve at
least four days and shall place in a box, for use by the next
officials selecting names of persons for the jury wheel, each jury
wheel card in the envelope with the name of a person who served at
least four days. However, the clerk or deputy opening the envelope
may withhold from the jury wheel all cards selected for that jury
list unless the judge orders him to return the cards to the jury
wheel.
(c) If any of the jury lists drawn for a term of court are
not used, the clerk or his deputy, immediately after the expiration
of the term, shall open the envelopes containing the jury wheel
cards with the names that appear on the unused lists and return the
jury wheel cards to the jury wheel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.010. REFILLING OR REPLACEMENT OF JURY
WHEEL. (a) If all the jury wheel cards have been drawn from the
jury wheel, jury wheel cards shall immediately be returned to the
jury wheel.
(b) If the jury wheel and its contents are lost or
destroyed, the jury wheel shall immediately be replaced and jury
wheel cards shall immediately be placed in the jury wheel as
provided by this subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.011. ELECTRONIC OR MECHANICAL METHOD OF
SELECTION. (a) On the recommendation of a majority of the
district and criminal district judges of a county, the
commissioners court, by order entered in its minutes, may adopt a
plan for the selection of names of persons for jury service with the
aid of electronic or mechanical equipment instead of drawing the
names from a jury wheel.
(b) A plan authorized by this section for the selection of
names of prospective jurors must:
(1) be proposed in writing to the commissioners court
by a majority of the district and criminal district judges of the
county at a meeting of the judges called for that purpose;
(2) specify that the source of names of persons for
jury service is the same as that provided by Section 62.001 and that
the names of persons listed in a register of persons exempt from
jury service may not be used in preparing the record of names from
which a jury list is selected, as provided by Sections 62.108 and
62.109;
(3) provide a fair, impartial, and objective method of
selecting names of persons for jury service with the aid of
electronic or mechanical equipment;
(4) designate the district clerk as the officer in
charge of the selection process and define his duties; and
(5) provide that the method of selection either will
use the same record of names for the selection of persons for jury
service until that record is exhausted or will use the same record
of names for a period of time specified by the plan.
(c) The provisions of this subchapter relating to the
selection of names of persons for jury service by the use of a jury
wheel do not apply in a county that adopts a plan authorized by this
section for the selection of names of prospective jurors by the use
of electronic or mechanical equipment.
(d) A state agency or the secretary of state may not charge a
fee for furnishing a list of names required by Section 62.001.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 132, § 3, 4, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 442, § 2, eff. Jan. 1, 1992; Acts 1995,
74th Leg., ch. 677, § 1, eff. Sept. 1, 1995.
§ 62.0111. COMPUTER OR TELEPHONE RESPONSE TO
SUMMONS. (a) A plan authorized under Section 62.011 for the
selection of names of prospective jurors may allow for a
prospective juror to appear in response to a summons by:
(1) contacting the county officer responsible for
summoning jurors by computer;
(2) calling an automated telephone system; or
(3) appearing before the court in person.
(b) A plan adopted under Subsection (a) may allow for a
prospective juror to provide information to the county officer
responsible for summoning jurors or for the county officer to
provide information to the prospective juror by computer or
automated telephone system, including:
(1) information that permits the court to determine
whether the prospective juror is qualified for jury service under
Section 62.102;
(2) information that permits the court to determine
whether the prospective juror is exempt from jury service under
Section 62.106;
(3) submission of a request by the prospective juror
for a postponement of or excuse from jury service under Section
62.110;
(4) information for jury assignment under Section
62.016, including:
(A) the prospective juror's postponement status;
(B) if the prospective juror could potentially
serve on a jury in a justice court, the residency of the prospective
juror; and
(C) if the prospective juror could potentially
serve on a jury in a criminal matter, whether the prospective juror
has been convicted of misdemeanor theft;
(5) completion and submission by the prospective juror
of the written jury summons questionnaire under Section 62.0132;
(6) the prospective juror's electronic mail address;
and
(7) notification to the prospective juror by
electronic mail of:
(A) whether the prospective juror is qualified
for jury service;
(B) the status of the exemption, postponement, or
judicial excuse request of the prospective juror; or
(C) whether the prospective juror has been
assigned to a jury panel.
(c) The county officer responsible for summoning jurors
shall purge the electronic mail address of a prospective juror
collected under Subsection (b):
(1) if the prospective juror serves on a jury, not
later than the 30th day after the date that:
(A) the county sends the person payment for jury
service; or
(B) the county would otherwise send the person
payment for jury service, if the person has donated the payment
under Section 61.003; or
(2) if the prospective juror does not serve on a jury,
not later than the 30th day after the date that the court releases
the person from jury service.
Added by Acts 2003, 78th Leg., ch. 276, § 1, eff. Sept. 1, 2003.
§ 62.012. USE OF JURY LISTS. (a) When a justice of the
peace or a county or district judge requires a jury for a particular
week, the judge, within a reasonable time before the prospective
jurors are summoned, shall notify the county clerk, for a county
court jury, or the district clerk, for a justice or district court
jury , to open the next consecutively numbered envelope containing
a jury list that is in the clerk's possession and has not been
opened. The judge shall also notify the clerk of the date that the
prospective jurors are to be summoned to appear for jury service.
(b) On receiving the notice from the judge, the clerk shall
immediately write on the jury list the date that the prospective
jurors are to be summoned to appear and shall deliver the jury list
to:
(1) the sheriff, for a county or district court jury;
or
(2) the sheriff or constable, for a justice court
jury.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 7, § 4, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 424, § 1, eff. Sept. 1, 1993.
§ 62.0125. SUMMONS FOR JURY SERVICE ON GENERAL ELECTION
DAY PROHIBITED. Prospective jurors may not be summoned to appear
for jury service on the date of the general election for state and
county officers.
Added by Acts 2003, 78th Leg., ch. 398, § 1, eff. Sept. 1, 2003.
§ 62.013. SUMMONS FOR JURY SERVICE BY SHERIFF OR
CONSTABLE. (a) Except as provided by Section 62.014, the sheriff
or constable, on receipt of a jury list from a county or district
clerk, shall immediately notify the persons whose names are on the
list to appear for jury service on the date designated by the judge.
(b) The sheriff or constable shall notify each prospective
juror to appear for jury service:
(1) by an oral summons; or
(2) if the judge ordering the summons so directs, by a
written summons sent by registered mail or certified mail, return
receipt requested, or by first class mail to the address on the jury
wheel card or the address on the current voter registration list of
the county.
(c) Delivery of a written summons is sufficient if the mail
containing the summons is received by a person authorized by the
United States Postal Service to receive it.
(d) The content of an oral or written summons to appear for
jury service is sufficient if it includes the time and place for the
appearance of the prospective juror for jury service, the purpose
for which he is to appear, and the penalty for his failure to appear
as required.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 424, § 2, eff. Sept. 1, 1993.
§ 62.0131. FORM OF WRITTEN JURY SUMMONS. (a) The
Office of Court Administration of the Texas Judicial System shall
develop and maintain a model for a uniform written jury summons in
this state.
(b) The model must include:
(1) the exemptions and restrictions governing jury
service under Subchapter B; and
(2) the information under Chapter 122, Civil Practice
and Remedies Code, relating to the duties of an employer with regard
to an employee who is summoned for jury service.
(c) A written jury summons must conform with the model
established under this section.
(d) In developing and maintaining the model required by this
section, the Office of Court Administration of the Texas Judicial
System shall solicit and consider the opinions of the members of the
judiciary, district clerks, and attorneys.
Added by Acts 1999, 76th Leg., ch. 539, § 1, eff. Sept. 1, 1999.
§ 62.0132. WRITTEN JURY SUMMONS
QUESTIONNAIRE. (a) The Office of Court Administration of the
Texas Judicial System shall develop and maintain a questionnaire to
accompany a written jury summons.
(b) A written jury summons must include a copy of the
questionnaire developed under this section.
(c) The questionnaire must require a person to provide
biographical and demographic information that is relevant to
service as a jury member, including the person's:
(1) name, sex, race, and age;
(2) residence address and mailing address;
(3) education level, occupation, and place of
employment;
(4) marital status and the name, occupation, and place
of employment of the person's spouse; and
(5) citizenship status and county of residence.
(d) A person who has received a written jury summons and a
written jury summons questionnaire shall complete and submit the
questionnaire when the person reports for jury duty.
(e) In developing and maintaining the questionnaire
required by this section, the Office of Court Administration of the
Texas Judicial System shall solicit and consider the opinions of
the members of the judiciary, district clerks, and attorneys.
(f) Except as provided by Subsection (g), information
contained in a completed questionnaire is confidential and is not
subject to Chapter 552.
(g) The information contained in a completed questionnaire
may be disclosed to:
(1) a judge assigned to hear a cause of action in which
the respondent to the questionnaire is a potential juror;
(2) court personnel; and
(3) a litigant and a litigant's attorney in a cause of
action in which the respondent to the questionnaire is a potential
juror.
Added by Acts 1999, 76th Leg., ch. 539, § 1, eff. Sept. 1, 1999.
§ 62.014. SUMMONS FOR JURY SERVICE BY BAILIFFS. (a) In
a county with at least nine district courts, the district judges may
direct that prospective jurors be summoned for jury service by the
sheriff or by a bailiff, or an assistant or deputy bailiff, in
charge of the central jury room and the general panel of the county.
(b) A summons under this section to appear for jury service
may be made verbally in person, by registered mail, by ordinary
mail, or by any other method as determined by the district judges of
the county.
(c) Prospective jurors summoned under this section for
service on the general jury panel serve as jurors in civil and
criminal cases, and additional summons for service in criminal
cases is not required.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition
to any criminal penalty prescribed by law, a person summoned for
jury service who does not comply with the summons as required by law
is subject to a contempt action punishable by a fine of not less
than $100 nor more than $1,000.
Added by Acts 1991, 72nd Leg., ch. 442, § 3, eff. Jan. 1, 1992.
§ 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF
PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a
written summons for jury service sent by a sheriff, constable, or
bailiff is undeliverable, the county or district clerk may remove
from the jury wheel the jury wheel card for the person summoned or
remove the person's name from the record of names for selection of
persons for jury service under Section 62.011.
Added by Acts 1997, 75th Leg., ch. 777, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 571, § 2, eff. June 11,
2001.
§ 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL
OF PROSPECTIVE JURORS. If a written summons for jury service sent
by a sheriff, constable, or bailiff is returned with a notation from
the United States Postal Service of a change of address for the
person summoned, the county or district clerk may update the jury
wheel card to reflect the person's new address.
Added by Acts 2001, 77th Leg., ch. 571, § 3, eff. June 11, 2001.
§ 62.015. SELECTION OF JURY PANEL. (a) On the day that
jurors appear for jury service in a justice, county, or district
court, the judge, if jury trials have been set, shall select from
the names on the jury lists a sufficient number of qualified jurors
to serve on the jury panel.
(b) If the court at any time does not have a sufficient
number of prospective jurors present whose names are on the jury
lists and who are not excused by the judge from jury service, the
judge shall order the sheriff or constable to summon additional
prospective jurors to provide the requisite number of jurors for
the panel. The names of additional jurors to be summoned by the
sheriff or constable to fill a jury panel shall be drawn from the
jury wheel under orders of the judge. Additional jurors summoned to
fill a jury panel shall be discharged when their services are no
longer required.
(c) The judge may order all or part of a panel of jurors to
stand adjourned from jury service until a subsequent date in the
term, but a juror may not be paid for the time that he stands
adjourned from jury service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 7, § 5, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 36, § 2, eff. Sept. 1, 1997.
§ 62.016. INTERCHANGEABLE JURIES IN CERTAIN
COUNTIES. (a) In each county with at least three district or
criminal district courts, the district judges shall meet and
determine the approximate number of prospective jurors that are
reasonably necessary for each week of the year for a general panel
of jurors for service in the county court, the justice courts, and
all district and statutory county courts of the county. A majority
of the district judges may act to carry out the provisions of this
section.
(b) The district judges shall order that the number of names
of prospective jurors that they determine are reasonably necessary
for each week's general panel be drawn from the jury wheel. They
shall order the drawing of names of prospective jurors for as many
weeks in advance as they consider proper and may increase or
decrease the number of names drawn for any week.
(c) The district judges shall designate from time to time a
judge to whom the general panels report for jury service. The judge
for the designated period shall organize, control, and supervise
the members of the general jury panel.
(d) The sheriff shall notify the persons whose names are
drawn from the jury wheel to appear before the designated judge for
jury service. The judge shall hear the excuses of the prospective
jurors and swear them in for jury service for the week for which
they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a
general jury panel for service as jurors in all justice, county, and
district courts in the county and shall be used interchangeably in
all of those courts. A county may summon jurors chosen for service
under this section to the justice court in the manner prescribed by
Section 62.412.
(f) In the event of a deficiency of jurors to satisfy the
jury requirements of the justice, county, and district courts, the
judge having control of the general jury panel shall order a
sufficient number of additional names drawn to meet the emergency.
The names of additional jurors for the general panel must be drawn
from the jury wheel except as provided by Section 62.011. The
additional jurors act only as special jurors and shall be
discharged as soon as their services are no longer required.
(g) If it becomes necessary to reduce the number of persons
on the general panel for the week of its selection because of a lack
of work in a court or for other cause, the judge having control of
the general jury panel shall cause the clerk to draw from the
general panel the number of names that the judge determines is
required for the week. The prospective jurors whose names are drawn
shall continue to serve on the general panel for the remainder of
the week, and the others are excused.
(h) In a county with a population of more than 900,000, the
district judges, by a majority vote, may authorize the drawing of
two general jury panels for the week, with one to be used in the
courts that have a criminal docket and the other to be used in the
courts that have a civil docket.
(i) Except as modified by this section and Section 62.011,
the law governing jury wheels applies in the counties that use
general jury panels interchangeably in their county and district
courts.
(j) This section does not apply to a selection of jurors in a
capital case or a mental health proceeding.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.80(a), eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 7, § 6, eff. Sept. 1, 1991; Acts 1999,
76th Leg., ch. 838, § 1, eff. June 18, 1999.
§ 62.017. INTERCHANGEABLE JURORS IN CERTAIN OTHER
COUNTIES. (a) In a county with two district courts, the judges of
the two courts may meet at a time fixed by them and determine the
approximate number of prospective jurors that are reasonably
necessary for each week of the year for a general panel of jurors
for service in both district courts. The judges shall act together
to carry out the provisions of this section.
(b) The district judges may order that the number of names
of prospective jurors that they determine is reasonably necessary
for each week's general panel be drawn from the jury wheel. They
may order the drawing of names of prospective jurors for as many
weeks in advance as they consider proper and may increase or
decrease the number of names drawn for any week.
(c) The district judges shall designate from time to time
the judge to whom the general panels report for jury service. The
judge for the designated period shall organize, control, and
supervise the members of the general jury panel.
(d) The sheriff shall notify the persons whose names are
drawn from the jury wheel to appear before the designated judge for
jury service. The judge shall hear the excuses of the prospective
jurors and swear them in for jury service for the week for which
they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a
general jury panel for service as jurors in both district courts in
the county and shall be used interchangeably in those courts. With
the approval of both district judges, prospective jurors impaneled
under this section may constitute a general jury panel for service
as jurors in the justice courts, the county court, and all statutory
county courts in the county, in addition to service as jurors in
both district courts, and in that event, shall be used
interchangeably in all district, justice, and county courts.
(f) In the event of a deficiency of jurors to satisfy the
jury requirements of any of the courts, the judge having control of
the general jury panel shall order sufficient additional names
drawn to meet the emergency. The names of additional jurors for the
general panel must be drawn from the jury wheel except as provided
by Section 62.011. The additional jurors act only as special jurors
and shall be discharged as soon as their services are no longer
required.
(g) If it becomes necessary to reduce the number of persons
on the general panel for the week of its selection because of a lack
of work in a court or for other cause, the judge having control of
the general jury panel shall cause the clerk to draw from the
general panel the number of names that the judge determines is
required for the week. The prospective jurors whose names are drawn
shall continue to serve on the general panel for the remainder of
the week, and the others are excused.
(h) Except as modified by this section and Section 62.011,
the law governing jury wheels applies in the counties that use
general jury panels interchangeably in their courts.
(i) This section does not apply to a selection of jurors in a
capital case or a mental health commitment.
(j) The method for interchangeable jury panels authorized
by this section is in addition to the other methods authorized by
this subchapter. The adoption of the method provided by this
section is in the discretion of the district judges of the counties
with two district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 7, § 7, eff. Sept. 1, 1991.
§ 62.018. QUARTERS FOR GENERAL PANELS. (a) The
commissioners court of a county that uses an interchangeable
general jury panel shall provide a comfortable place in or near the
county courthouse for the use and convenience of the persons on the
panel.
(b) The persons on the panel shall stay in or conveniently
near the place provided for them when not in service so that they
are at all times subject to service in a court as provided by this
subchapter without delaying the proceedings of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.019. BAILIFFS FOR GENERAL PANELS. (a) Except as
provided by this section, the sheriff of a county that uses an
interchangeable general jury panel shall assign one of his deputies
to take care of the persons on the panel, provide for their wants,
and call them as their services are required by the judges of the
courts using the interchangeable jury panel. The assigned deputy
has general control of the persons on the panel when they are not in
actual service as jurors.
(b) In a county with at least nine district courts, a
majority of the district judges, with the approval of the
commissioners court, may appoint a bailiff, and the assistant or
deputy bailiffs that the judges consider necessary, to be in charge
of the central jury room and the general panel. If the district
judges in such a county appoint a bailiff and the necessary
assistant or deputy bailiffs, the sheriff may not assign a deputy to
the central jury room and the general panel. If the district judges
do not appoint a bailiff to be in charge of the central jury room and
the general panel, the sheriff shall perform the duties in
connection with the jury room and general panel as provided by law.
(c) A bailiff or assistant or deputy bailiff appointed by
the district judges serves a two-year term beginning January 1 of
each odd-numbered year. The salary of each is set by the
commissioners court on the recommendation of the district judges.
(d) The bailiffs and assistant and deputy bailiffs
appointed by the district judges shall take care of the general
panel and perform the duties in connection with the supervision of
the central jury room and the general panel that are required by the
district judges. They may notify prospective jurors whose names
are drawn from the jury wheel or selected by other means provided by
law to appear for jury service and may serve notices on absent
jurors as directed by the district judge having control of the
general jury panel.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.020. ALTERNATE JURORS. (a) In district court,
the judge may direct that not more than four jurors in addition to
the regular jury be called and impaneled to sit as alternate jurors.
(b) In county court, the judge may direct that not more than
two jurors in addition to the regular jury be called and impaneled
to sit as alternate jurors.
(c) Alternate jurors shall be drawn and selected in the same
manner as regular jurors. An alternate juror must meet the same
qualifications, is subject to the same examination and challenges,
shall take the same oath, has the same functions, powers, and
privileges, and shall be accorded the same facilities and security
as a regular juror.
(d) In the order in which they are called, alternate jurors
shall replace jurors who, prior to the time the jury retires to
consider its verdict, become or are found to be unable or
disqualified to perform their duties. An alternate juror who does
not replace a regular juror shall be discharged after the jury
retires to consider its verdict.
(e) Each side is entitled to one peremptory challenge in
addition to those otherwise allowed by law or by rule if one or two
alternate jurors are to be impaneled. Each side is entitled to two
peremptory challenges in addition to those otherwise allowed by law
or by rule if three or four alternate jurors are to be impaneled.
The additional peremptory challenges may be used against an
alternate juror only, and the other peremptory challenges allowed
by law or by rule may not be used against an alternate juror.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a
county with a population of 1.5 million or more, a prospective juror
removed from a jury panel for cause, by peremptory challenge or for
any other reason, must be dismissed from jury service. After
dismissal, the person may not be placed on another jury panel until
his name is returned to the jury wheel and drawn again for jury
service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 597, § 70, eff. Sept. 1, 1991.
SUBCHAPTER B. JUROR QUALIFICATIONS
§ 62.101. JURY SERVICE. All individuals are competent
petit jurors unless disqualified under this subchapter and are
liable for jury service except as otherwise provided by this
subchapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A
person is disqualified to serve as a petit juror unless he:
(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in
which he is to serve as a juror;
(3) is qualified under the constitution and laws to
vote in the county in which he is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) has not served as a petit juror for six days during
the preceding three months in the county court or during the
preceding six months in the district court;
(7) has not been convicted of a felony; and
(8) is not under indictment or other legal accusation
of misdemeanor or felony theft or any other felony.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.103. SUSPENSION OF GENERAL QUALIFICATIONS. (a) A
court may suspend the qualification for jury service that requires
a person to be able to read and write if it appears to the court that
the requisite number of jurors able to read and write cannot be
found in the county.
(b) A court may suspend the qualification for jury service
that requires a person to have less than six days of service as a
petit juror during the preceding three months in the county court or
during the preceding six months in the district court if it appears
to the court that the county's sparse population makes its
enforcement seriously inconvenient.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.1031. FAILURE TO REGISTER TO VOTE. Failure to
register to vote does not disqualify a person from jury service.
Added by Acts 1989, 71st Leg., ch. 132, § 5, eff. Sept. 1, 1989.
§ 62.104. DISQUALIFICATION FOR LEGAL BLINDNESS. (a) A
person who is legally blind is not disqualified to serve as a juror
in a civil case solely because of his legal blindness except as
provided by this section.
(b) A legally blind person is disqualified to serve as a
juror in a civil case if, in the opinion of the court, his blindness
renders him unfit to serve as a juror in that particular case.
(c) In this section, "legally blind" means having:
(1) no more than 20/200 of visual acuity in the better
eye with correcting lenses; or
(2) visual acuity greater than 20/200, but with a
limitation in the field of vision such that the widest diameter of
the visual field subtends an angle no greater than 20 degrees.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.1041. DEAF OR HARD OF HEARING JUROR. (a) A deaf
or hard of hearing person is not disqualified to serve as a juror
solely because of hearing loss except as provided by this section.
(b) A deaf or hard of hearing person is disqualified to
serve as a juror if, in the opinion of the court, his hearing loss
renders him unfit to serve as a juror in that particular case.
(c) A deaf or hard of hearing person serving as a juror shall
be reasonably accommodated in accordance with the Americans with
Disabilities Act (42 U.S.C. Section 12101 et seq.). An interpreter
who is assisting a deaf or hard of hearing person serving as a juror
may accompany the juror during all proceedings and deliberations in
the case.
(d) If an interpreter is provided to a deaf or hard of
hearing person serving as a juror in a district, county, or justice
court, the county shall pay the cost of obtaining those services.
(e) A deaf or hard of hearing juror may request an auxiliary
aid or service for a municipal court proceeding. The city shall
honor the request unless the city can demonstrate that another
effective means of communication exists. The city shall pay the
cost unless the auxiliary aid or service will result in a
fundamental alteration of the municipal court proceeding or in
undue financial or administrative burdens.
(f) In this section, "deaf or hard of hearing" means having
a hearing impairment, regardless of the existence of a speech
impairment, that inhibits comprehension of an examination or
proceeding or communication with others.
Added by Acts 1987, 70th Leg., ch. 550, § 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 271, § 1, eff. Sept. 1,
1995.
§ 62.105. DISQUALIFICATION FOR PARTICULAR JURY. A
person is disqualified to serve as a petit juror in a particular
case if he:
(1) is a witness in the case;
(2) is interested, directly or indirectly, in the
subject matter of the case;
(3) is related by consanguinity or affinity within the
third degree, as determined under Chapter 573, to a party in the
case;
(4) has a bias or prejudice in favor of or against a
party in the case; or
(5) has served as a petit juror in a former trial of
the same case or in another case involving the same questions of
fact.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.81, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 561, § 23, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, § 5.95(28), eff. Sept. 1, 1995.
§ 62.106. EXEMPTION FROM JURY SERVICE. (a) A person
qualified to serve as a petit juror may establish an exemption from
jury service if the person:
(1) is over 70 years of age;
(2) has legal custody of a child younger than 10 years
of age and the person's service on the jury requires leaving the
child without adequate supervision;
(3) is a student of a public or private secondary
school;
(4) is a person enrolled and in actual attendance at an
institution of higher education;
(5) is an officer or an employee of the senate, the
house of representatives, or any department, commission, board,
office, or other agency in the legislative branch of state
government;
(6) is summoned for service in a county with a
population of at least 200,000, unless that county uses a jury plan
under Section 62.011 and the period authorized under Section
62.011(b)(5) exceeds two years, and the person has served as a petit
juror in the county during the 24-month period preceding the date
the person is to appear for jury service;
(7) is the primary caretaker of a person who is an
invalid unable to care for himself;
(8) except as provided by Subsection (b), is summoned
for service in a county with a population of at least 250,000 and
the person has served as a petit juror in the county during the
three-year period preceding the date the person is to appear for
jury service; or
(9) is a member of the United States military forces
serving on active duty and deployed to a location away from the
person's home station and out of the person's county of residence.
(b) Subsection (a)(8) does not apply if the jury wheel in
the county has been reconstituted after the date the person served
as a petit juror.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 733, § 1, eff. Aug. 31, 1987; Acts
1987, 70th Leg., ch. 798, § 1, eff. Aug. 31, 1987; Acts 1989,
71st Leg., ch. 2, § 8.35, eff. Aug. 28, 1989; Acts 1991, 72nd
Leg., ch. 442, § 4, eff. Jan. 1, 1992; Acts 1997, 75th Leg., ch.
165, § 9.01, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 686,
§ 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 640, § 2,
eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 153, § 1, eff.
Sept. 1, 2003.
§ 62.107. PROCEDURES FOR ESTABLISHING
EXEMPTIONS. (a) A person who is notified to appear for jury
service may establish an exemption from the service under Section
62.106 without appearing in person by filing a signed statement of
the ground of his exemption with the clerk of the court before the
date on which he is summoned to appear.
(b) A person may also claim an exemption from jury service
under Section 62.106 by filing with the sheriff, tax
assessor-collector, or district or county clerk of the county of
his residence a sworn statement that sets forth the ground of and
claims the exemption. The name of a person who claims his exemption
by filing the sworn statement may not be placed in the jury wheel
for the ensuing year.
(c) A person who files a statement with a clerk of the court,
as provided by Subsection (a), claiming an exemption because the
person is over 70 years of age, may also claim the permanent
exemption on that ground authorized by Section 62.108 by including
in the statement filed with the clerk a declaration that the person
desires the permanent exemption. Promptly after a statement
claiming a permanent exemption on the basis of age is filed, the
clerk of the court with whom it is filed shall have a copy delivered
to the county tax assessor-collector.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 686, § 2, eff. Sept. 1, 1997.
§ 62.108. PERMANENT EXEMPTION FOR ELDERLY. (a) A
person who is entitled to exemption from jury service because the
person is over 70 years of age may establish a permanent exemption
on that ground as provided by this section or Section 62.107.
(b) A person may claim a permanent exemption:
(1) by filing with the county tax assessor-collector,
by mail or personal delivery, a signed statement affirming that the
person is over 70 years of age and desires a permanent exemption on
that ground; or
(2) in the manner provided by Section 62.107(c).
(c) The county tax assessor-collector shall maintain a
current register indicating the name of each person who has claimed
and is entitled to a permanent exemption from jury service because
the person is over 70 years of age.
(d) The name of a person on the register of persons
permanently exempt from jury service may not be placed in the jury
wheel or otherwise used in preparing the record of names from which
a jury is selected.
(e) A person who has claimed a permanent exemption from jury
service because the person is over 70 years of age may rescind the
exemption at any time by filing a signed request for the rescission
with the county tax assessor-collector. Rescission of a permanent
exemption does not affect the right of a person who is over 70 years
of age to claim permanent exemption at a later time.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 686, § 3, eff. Sept. 1, 1997.
§ 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT OR
INABILITY TO COMPREHEND ENGLISH. (a) The judge of a district
court by order may permanently or for a specified period exempt from
service as a juror in all the county and district courts in the
county a person with a physical or mental impairment or with an
inability to comprehend or communicate in the English language that
makes it impossible or very difficult for the person to serve on a
jury.
(b) A person requesting an exemption under this section must
submit to the court an affidavit stating the person's name and
address and the reason for and the duration of the requested
exemption. A person requesting an exemption due to a physical or
mental impairment must attach to the affidavit a statement from a
physician. The affidavit and physician's statement may be
submitted to the court at the time the person is summoned for jury
service or at any other time.
(c) The clerk of the district court shall promptly notify
the county tax assessor-collector of the name and address of each
person exempted and state whether the exemption is permanent or for
a specified period. The tax assessor-collector shall maintain a
current register showing separately the name and address of each
person permanently exempt from jury service under this section and
the name and address of each person exempt from jury service under
this section for a specified period.
(d) A person listed on the register may not be summoned for
jury service during the period for which the person is exempt. The
name of a person listed on the register may not be placed in the jury
wheel or otherwise used in preparing the record of names from which
a jury list is selected during the period for which the person is
exempt.
(e) A person exempt from jury service under this section may
rescind the exemption at any time by filing a signed request for the
rescission with the county tax assessor-collector.
(f) An affidavit accompanying a request for an exemption
from jury service because of a physical or mental impairment may be
presented by the affiant or by a friend or relative of the affiant.
The affidavit must state:
(1) the name and address of the physician whose
statement accompanies the affidavit;
(2) whether the request is for a permanent or
temporary exemption;
(3) the period of time for which a temporary exemption
is requested; and
(4) that as a direct result of the physical or mental
impairment it is impossible or very difficult for the affiant to
serve on a jury.
(g) An affidavit accompanying a request for an exemption
from jury service because of an inability to comprehend or
communicate in the English language must be presented by the
affiant in person. The affidavit must:
(1) be sworn to by the affiant in person before the
district clerk or a deputy district clerk; and
(2) be subscribed with a statement by a third party
that the affidavit was read to the affiant before signing and that
the affiant stated that it was his request to be permanently
exempted from jury service in the county.
(h) The name and address of a person exempted from jury
service under this section shall be added to or deleted from the
list or register at any time permitted by law and when the names and
addresses of eligible jurors are regularly deleted or added to the
list or register.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.110. JUDICIAL EXCUSE OF JUROR. (a) Except as
provided by this section, a court may hear any reasonable sworn
excuse of a prospective juror and release him from jury service
entirely or until another day of the term.
(b) Pursuant to a plan approved by the commissioners court
of the county in the same manner as a plan is approved for jury
selection under Section 62.011, the court's designee may hear any
reasonable excuse of a prospective juror and discharge the juror or
release him from jury service until a specified day of the term.
(c) The court or the court's designee as provided by this
section may not excuse a prospective juror for an economic reason
unless each party of record is present and approves the release of
the juror for that reason.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 589, § 3, eff. Aug. 31, 1987; Acts
1987, 70th Leg., 2nd C.S., ch. 43, § 4, eff. Oct. 20, 1987.
§ 62.111. PENALTY FOR DEFAULTING JURORS. A juror
lawfully notified shall be fined not less than $10 nor more than
$100 if he:
(1) fails to attend court in obedience to the notice
without reasonable excuse; or
(2) files a false claim of exemption from jury
service.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.112. EXCUSE OF JUROR FOR RELIGIOUS HOLY
DAY. (a) In this section:
(1) "Religious organization" means an organization
that meets the standards for qualification as a religious
organization under Section 11.20, Tax Code.
(2) "Religious holy day" means a day on which the
tenets of a religious organization prohibit its members from
participating in secular activities, such as court proceedings.
(b) If a prospective juror is required to appear at a court
proceeding on a religious holy day observed by the prospective
juror, the court or the court's designee shall release the
prospective juror from jury service entirely or until another day
of the term. If the court determines that a term of a court
proceeding may extend to cover a day on which a religious holy day
is observed by the prospective juror, the court or the court's
designee shall release the prospective juror from jury service
entirely or until another day of the term.
(c) A prospective juror who seeks to be released from jury
service may be required to file with the court an affidavit stating:
(1) the grounds for the release; and
(2) that the juror holds religious beliefs that
prohibit him from taking part in a court proceeding on the day for
which the release from jury duty is sought.
Added by Acts 1987, 70th Leg., ch. 589, § 4, eff. Aug. 31, 1987;
Acts 1987, 70th Leg., ch. 825, § 3, eff. Sept. 1, 1987.
§ 62.113. COMPILATION OF LIST OF NONCITIZENS. (a) The
clerk of the court shall maintain a list of the name and address of
each person who is excused or disqualified under this subchapter
from jury service because the person is not a citizen of the United
States.
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to the voter registrar of the
county.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
16.0332, Election Code.
(d) A person commits an offense if the person violates
Subsection (c). An offense under this section is a Class C
misdemeanor.
Added by Acts 1997, 75th Leg., ch. 640, § 1, eff. Sept. 1, 1997.
SUBCHAPTER C. DISTRICT COURT JURIES
§ 62.201. NUMBER OF JURORS. The jury in a district
court is composed of 12 persons, except that the parties may agree
to try a particular case with fewer than 12 jurors.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 62.202. MEALS DURING JURY DELIBERATION. (a) In a
county in which the commissioners court has approved payment by the
county for meals for jurors who are serving on a jury in a civil
case, a district judge may keep the jurors together for
deliberation to expedite the final disposition of a civil case in
the district court instead of dismissing the jurors for meals.
(b) The district judge may draw a warrant on the jury fund or
other appropriate fund of the county in which the civil case is
tried to cover the cost of buying and transporting the meals to the
jury room. Not more than $3 per meal may be spent for a juror
serving on a jury in a civil case.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. COUNTY COURT AND JUSTICE COURT JURIES
§ 62.301. NUMBER OF JURORS. The jury in the county
courts and in the justice courts is composed of six persons.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 424, § 4, eff. Sept. 1, 1993.
§ 62.302. DRAWING NAMES FOR JURY SERVICE IN CERTAIN
COUNTY COURTS. (a) The county judge or a judge of a county court
at law in a county with at least two county courts at law may order
the drawing of names from the jury wheel if the judge considers the
number of prospective jurors already drawn to be insufficient or if
an interchangeable general jury panel is not drawn as provided by
Sections 62.016 and 62.017.
(b) The prospective jurors whose names are drawn as provided
by this section are available for service in the county court and
county courts at law and for the period of time reasonably required
for the trials in those courts.
(c) The county judge and a judge of a county court at law
concurrently have the same power to determine and remedy a
deficiency in the number of prospective jurors as the district
judge designated to control a general jury panel as provided by
Section 62.016(f). Except as otherwise provided by this section,
the applicable general provisions in Subchapter A that govern the
drawing of names of prospective jurors by the district judge govern
the drawing of names under this section.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. JUSTICE COURT JURIES
§ 62.411. JUSTICE COURT RULES. (a) In addition to
other methods of jury selection provided by this chapter, a justice
of the peace may issue a writ commanding the sheriff or constable to
immediately summon a venire from which six qualified persons may be
selected for jury service if:
(1) a jury case is pending for trial at a term of
justice court; or
(2) the court does not have a sufficient number of
prospective jurors present whose names are on the jury list and who
are not excused from jury service.
(b) Jurors who are empaneled shall remain in attendance in
the court and, until discharged by the court, may serve as jurors in
any case before the court.
(c) This section applies only in a county with a population
of more than 2.8 million.
Added by Acts 1995, 74th Leg., ch. 819, § 1, eff. Sept. 1, 1995.
§ 62.412. SUMMONING PROSPECTIVE JURORS DIRECTLY TO
JUSTICE COURT. (a) A county that uses interchangeable juries
under Section 62.016 may summon a prospective juror to report
directly to a justice court in the precinct in which that person
resides.
(b) The justice of the peace of the justice court to which
prospective jurors are summoned for jury service under this section
shall hear the excuses of the prospective jurors and swear them in
for jury service.
(c) A justice of the peace may command the sheriff or
constable to immediately summon additional persons for jury service
in the justice court if the number of qualified jurors, including
persons summoned under Section 62.016, is less than the number
necessary for the justice court to conduct its proceedings.
Added by Acts 1999, 76th Leg., ch. 838, § 2, eff. June 18, 1999.
SUBCHAPTER F. MUNICIPAL COURT JURIES
§ 62.501. QUALIFICATION. To be eligible to serve on a
jury of a municipal court, including a municipal court of record, a
person must be resident of the municipality for which the court is
established.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
