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                                                                  H.B. No. 75 




AN ACT

relating to the selection of a jury in criminal and civil cases.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 1 and 2, Article 35.03, Code of Criminal 
Procedure, are amended to read as follows:
	Sec. 1.  Except as provided by Sections 2 and 3 of this 
article, the court shall then hear and determine excuses offered 
for not serving as a juror, including any claim of an exemption or a 
lack of qualification, and if the court considers [deems] the 
excuse sufficient, the court shall discharge the prospective juror 
or postpone the prospective juror's service to a date specified by 
the court, as appropriate.
	Sec. 2.  Under 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, Government Code, in a case other 
than a capital felony case, the court's designee may hear and 
determine an excuse offered for not serving as a juror, including 
any claim of an exemption or a lack of qualification.  The court's 
designee may discharge the prospective juror or postpone the 
prospective juror's service to a date specified by the court's 
designee, as appropriate, [and] if:
		(1)  the court's designee considers [deems] the excuse 
sufficient;  and
		(2)  the juror submits to the court's designee a 
statement of the ground of the exemption or lack of qualification or 
other excuse[, he may postpone the juror's service to a date 
specified by the court's designee].
	SECTION 2.  Sections 62.110(a) and (b), Government Code, are 
amended to read as follows:
	(a)  Except as provided by this section, a court may hear any 
reasonable sworn excuse of a prospective juror, including any claim 
of an exemption or a lack of qualification, and if the excuse is 
considered sufficient shall release him from jury service entirely 
or until another day of the term, as appropriate.
	(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:
		(1)  hear any reasonable excuse of a prospective juror, 
including any claim of an exemption or a lack of qualification; and
		(2)  discharge the juror or release him from jury 
service until a specified day of the term, as appropriate, if:
			(A)  the excuse is considered sufficient;  and                        
			(B)  the juror submits to the court's designee a 
statement of the ground of the exemption or lack of qualification or 
other excuse.
	SECTION 3.  This Act applies only to persons summoned to 
appear for jury service on or after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 75 was passed by the House on March 
31, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 75 was passed by the Senate on May 25, 
2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor