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AN ACT
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relating to a bailiff administering the selection of names of |
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persons for jury service in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.001(g), Government Code, is amended |
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to read as follows: |
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(g) The secretary of state shall accept the lists furnished |
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as provided by Subsections (c) through (f). The secretary of state |
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shall combine the lists, eliminate duplicate names, and send the |
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combined list to each county on or before December 31 of each year |
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or as may be required under a plan developed in accordance with |
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Section 62.011. The district clerk or bailiff designated as the |
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officer in charge of the jury selection process for [of] a county |
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that has adopted a plan under Section 62.011 shall give the |
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secretary of state notice not later than the 90th day before the |
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date the list is required. The list furnished the county must be in |
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a format, electronic or printed copy, as requested by the county and |
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must be certified by the secretary of state stating that the list |
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contains the names required by Subsections (c) through (f), |
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eliminating duplications. The secretary of state shall furnish the |
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list free of charge. |
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SECTION 2. Section 62.011(b), Government Code, is amended |
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to read as follows: |
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(b) A plan authorized by this section for the selection of |
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names of prospective jurors must: |
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(1) be proposed in writing to the commissioners court |
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by a majority of the district and criminal district judges of the |
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county at a meeting of the judges called for that purpose; |
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(2) specify that the source of names of persons for |
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jury service is the same as that provided by Section 62.001 and that |
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the names of persons listed in a register of persons exempt from |
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jury service may not be used in preparing the record of names from |
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which a jury list is selected, as provided by Sections 62.108 and |
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62.109; |
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(3) provide a fair, impartial, and objective method of |
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selecting names of persons for jury service with the aid of |
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electronic or mechanical equipment; |
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(4) designate the district clerk, or in a county with a |
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population of at least 1.7 million and in which more than 75 percent |
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of the population resides in a single municipality, a bailiff |
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appointed as provided under Section 62.019, as the officer in |
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charge of the selection process and define the officer's [his] |
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duties; and |
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(5) provide that the method of selection either will |
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use the same record of names for the selection of persons for jury |
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service until that record is exhausted or will use the same record |
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of names for a period of time specified by the plan. |
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SECTION 3. Section 62.0145, Government Code, is amended to |
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read as follows: |
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Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF |
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PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a |
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written summons for jury service sent by a sheriff, constable, or |
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bailiff is undeliverable, the county or district clerk may remove |
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from the jury wheel the jury wheel card for the person summoned or |
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the district clerk, or in a county with a population of at least 1.7 |
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million and in which more than 75 percent of the population resides |
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in a single municipality, a bailiff appointed as provided under |
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Section 62.019, may remove the person's name from the record of |
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names for selection of persons for jury service under Section |
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62.011. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 681 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 681 passed the House on |
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May 22, 2015, by the following vote: Yeas 140, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |