HBA-GUM, KMH H.B. 1754 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1754
By: Hill
Judicial Affairs
7/6/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, persons summoned to jury duty were not
authorized to report directly to a justice of the peace court close to
their home.  H.B. 1754 authorizes certain counties to summon prospective
jurors directly to a justice of the peace court in the precinct in which
the person resides.  This bill also requires that justice of the peace to
hear the excuses of the prospective jurors reporting directly to the court.
Additionally, this bill authorizes the justice of the peace to order the
sheriff or constable to summon additional jurors, if necessary. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 62.016(e), Government Code, to authorize a
county to summon jurors chosen for service under this section
(Interchangeable Juries in Certain Counties) to the justice court in the
manner prescribed by Section 62.412. 

SECTION 2.  Amends Subchapter E, Chapter 62, Government Code, by adding
Section 62.412, as follows: 

Sec.  62.412.  SUMMONING PROSPECTIVE JURORS DIRECTLY TO JUSTICE COURT.
Authorizes a county that uses interchangeable juries under Section 62.016
to summon a prospective juror to report directly to a justice court in the
precinct in which that person resides.  Requires the justice of the peace
of the justice court to which prospective jurors are summoned for jury
service under this section to hear the excuses of the prospective jurors
and swear them in for jury service.  Authorizes a justice of the peace to
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. 

SECTION 3. Emergency clause.
  Effective date: upon passage.