Relating to the practice and procedures for summoning prospective grand jurors and petit jurors and the exemption of certain persons from grand jury and petit jury service.

89(R) HB 2637 - Enrolled version - Bill Text

H.B. No. 2637

AN ACT

relating to the practice and procedures for summoning prospective

grand jurors and petit jurors and the exemption of certain persons

from grand jury and petit jury service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 19A.051(c), Code of Criminal Procedure,

is amended to read as follows:

(c) The judge shall test the qualifications for and

exemptions
[
excuses
] from service as a grand juror and impanel the

completed grand jury as provided by this chapter.

SECTION 2. The heading to Subchapter C, Chapter 19A, Code of

Criminal Procedure, is amended to read as follows:

SUBCHAPTER C. GRAND JUROR QUALIFICATIONS;
EXEMPTIONS
[
EXCUSES
]

FROM SERVICE

SECTION 3. Article 19A.101, Code of Criminal Procedure, is

amended to read as follows:

Art. 19A.101. GRAND JUROR QUALIFICATIONS
; LISTS OF

DISQUALIFIED PERSONS
. (a) A person may be selected or serve as a

grand juror only if the person:

(1) is at least 18 years of age;

(2) is a citizen of the United States;

(3) is a resident of this state and of the county in

which the person is to serve;

(4) is qualified under the constitution and other laws

to vote in the county in which the grand jury is sitting, regardless

of whether the person is registered to vote;

(5) is of sound mind and good moral character;

(6) is able to read and write;

(7) has never been convicted of misdemeanor theft [
or

a felony
];

(8)
has never been convicted of a felony;

(9)
is not under indictment or other legal accusation

for misdemeanor theft or a felony;

(10)
[
(9)
] is not related within the third degree by

consanguinity or second degree by affinity, as determined under

Chapter 573, Government Code, to any person selected to serve or

serving on the same grand jury;

(11)
[
(10)
] has not served as a grand juror in the year

before the date on which the term of court for which the person has

been selected as a grand juror begins; and

(12)
[
(11)
] is not a complainant in any matter to be

heard by the grand jury during the term of court for which the

person has been selected as a grand juror.

(b) On the third business day of each month, the clerk of the

district court shall prepare
:

(1)
a list of persons who in the preceding month were

disqualified from serving as a grand juror based on the person's

citizenship [
or indictment or conviction for misdemeanor theft or a

felony
] and send a copy of the list to:

(A)
[
(1)
] the secretary of state;

(B)

the voter registrar for the county in which

the grand jury is sitting;
and

(C)
[
(2)
] the prosecuting attorney for the court

to which the grand jurors were summoned for investigation into

whether any person made a false claim concerning the person's

qualification under Subsection (a)(2)
;

(2)

a list of persons who in the preceding month were

disqualified from serving as a grand juror based on the person's

residency and send a copy of the list to:

(A) the secretary of state; and

(B)

the voter registrar for the county in which

the grand jury is sitting;

(3)

a list of persons who in the preceding month were

disqualified from serving as a grand juror based on the person's

conviction for a felony and send a copy of the list to:

(A) the secretary of state;

(B)

the voter registrar for the county in which

the grand jury is sitting; and

(C)

the prosecuting attorney for the court to

which the grand jurors were summoned for investigation into whether

any person made a false claim concerning the person's qualification

under Subsection (a)(8); and

(4)

a list of persons who in the preceding month were

disqualified from serving as a grand juror based on the person's

indictment for a felony or indictment or conviction for misdemeanor

theft and send a copy of the list to:

(A) the secretary of state; and

(B)

the prosecuting attorney for the court to

which the grand jurors were summoned for investigation into whether

any person made a false claim concerning the person's qualification

under Subsection (a)(7) or (9)
[
, (7), or (8)
].

SECTION 4. Article 19A.105, Code of Criminal Procedure, is

amended to read as follows:

Art. 19A.105.
EXCUSE AND EXEMPTION
[
EXCUSES
] FROM GRAND

JURY SERVICE. (a) The court shall excuse from serving any

summoned person who does not possess the requisite qualifications

or who claims an exemption to which the person is entitled
.

(b) The following qualified persons may
claim an exemption

[
be excused
] from grand jury service:

(1) a person
who is 75 years of age or
older [
than 70

years of age
];

(2) a person responsible for the care of a child
who is

younger than 18 years of age
and who will be without adequate

supervision if the person serves on the grand jury
;

(3) a student of a public or private secondary school;

(4) a person enrolled in and in actual attendance at an

institution of higher education; and

(5) any other person the court determines has a

reasonable excuse from service.

SECTION 5. Subchapter C, Chapter 19A, Code of Criminal

Procedure, is amended by adding Articles 19A.106 and 19A.107 to

read as follows:

Art.

19A.106.

PERMANENT EXEMPTION FOR ELDERLY. (a) A

person who is entitled to exemption from grand jury service because

the person is 75 years of age or older may establish a permanent

exemption on that ground as provided by this article.

(b)

A person may claim a permanent exemption by filing with

the district clerk, through an electronic transmission, mail, or

personal delivery, a signed statement affirming the person is 75

years of age or older and desires a permanent exemption on that

ground.

(c)

The district clerk shall maintain a current register of

the name of each person who resides in the county and who has

claimed and is entitled to a permanent exemption from grand jury

service because the person is 75 years of age or older.

(d)

On the third business day of each month, the district

clerk shall prepare a list of persons who in the preceding month

were permanently exempted from serving as a grand juror under this

article or rescinded a permanent exemption under Subsection (f) and

send a copy of the list to the secretary of state for each county

served by the clerk.

(e)

A person whose name appears on the register of persons

permanently exempted from serving as a grand juror under this

article may not be selected or summoned for grand jury service by

any district judge in the county.

(f)

A person who has claimed a permanent exemption from jury

service under this article may rescind the exemption at any time by

filing a signed request for the rescission with the district clerk.

Rescission of a permanent exemption does not affect the right of a

person who is 75 years of age or older to claim a permanent

exemption at a later time.

Art.

19A.107.

LIST OF DISQUALIFIED CONVICTED PERSONS. (a)

The district clerk shall maintain a list of the name and address of

each person who is disqualified under this subchapter from grand

jury service because the person was convicted of misdemeanor theft

or a felony.

(b)

A person who was convicted of misdemeanor theft or a

felony is permanently disqualified from serving as a juror.

(c)

A person whose name appears on the list maintained under

this article may not be selected or summoned for grand jury service

by any judge of a district court served by the clerk.

(d)

On the third business day of each month, the district

clerk shall send a copy of the list maintained under this article

to:

(1) the secretary of state; and

(2)

the prosecuting attorney for the court to which

the grand jurors were summoned for investigation into whether any

person made a false claim concerning the person's qualification

under Article 19A.101(a)(7) or (8).

(e)

On the third business day of each month, the district

clerk shall prepare a list of the name and address of each person on

the list maintained under this article disqualified from grand jury

service because the person was convicted of a felony and send a copy

of the list to the voter registrar for the county in which the grand

jury is sitting.

SECTION 6. Sections 62.001(a) and (b), Government Code, are

amended to read as follows:

(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),
(3), (7),
or (8).

(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 [
, 62.113, 62.114, and 62.115
].

SECTION 7. Section 62.0132(g), Government Code, is amended

to read as follows:

(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;

(3) a litigant and a litigant's attorney in a cause of

action in which the respondent to the questionnaire is a potential

juror; and

(4) other than information provided that is related to

Section
62.102(2), (3), (7), (8), or (9)
[
62.102(8) or (9)
], the

voter registrar of a county in connection with any matter of voter

registration or the administration of elections.

SECTION 8. Section 62.102, Government Code, is amended to

read as follows:

Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A

person is disqualified to serve as a petit juror unless the person:

(1) is at least 18 years of age;

(2) is a citizen of the United States;

(3) is a resident of this state and of the county in

which the person is to serve as a juror;

(4) is qualified under the constitution and laws to

vote in the county in which the person is to serve as a juror;

(5) is of sound mind and good moral character;

(6) is able to read and write;

(7) [
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;

[
(8)
] has not been convicted of misdemeanor theft [
or

a felony
];

(8) has not been convicted of a felony;
[
and
]

(9) is not under indictment or other legal accusation

for misdemeanor theft or a felony
; and

(10)

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
.

SECTION 9. Section 62.106(a), Government Code, is amended

to read as follows:

(a) A person qualified to serve as a petit juror may

establish an exemption from jury service if the person:

(1) is [
over
] 75 years of age
or older
;

(2) has legal custody of a child younger than 12 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 unable

to care for himself or herself;

(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.

SECTION 10. Section 62.107(c), Government Code, is amended

to read as follows:

(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
] 75 years of age
or older
, 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.
The
[
Promptly after a

statement claiming a permanent exemption on the basis of age is

filed, the
] clerk of the court with whom
the declaration
[
it
] is

filed shall
notify the secretary of state
[
have a copy delivered to

the voter registrar of the county
].

SECTION 11. Section 62.108, Government Code, is amended by

amending Subsections (a), (b), (c), and (e) and adding Subsection

(c-1) to read as follows:

(a) A person who is entitled to exemption from jury service

because the person is [
over
] 75 years of age
or older
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
district clerk
[
voter

registrar
] of the county, by mail or personal delivery, a signed

statement affirming that the person is [
over
] 75 years of age
or

older
and desires a permanent exemption on that ground; or

(2) in the manner provided by Section 62.107(c).

(c) The
district clerk
[
voter registrar
] of the county 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
] 75 years of age
or older
.

(c-1)

On the third business day of each month, the district

clerk shall prepare a list of persons who in the preceding month

claimed and were entitled to a permanent exemption under this

section or who rescinded an exemption under Subsection (e) and send

a copy of the list to the secretary of state.

(e) A person who has claimed a permanent exemption from jury

service because the person is [
over
] 75 years of age
or older
may

rescind the exemption at any time by filing a signed request for the

rescission with the voter registrar of the county. Rescission of a

permanent exemption does not affect the right of a person who is

[
over
] 75 years of age
or older
to claim permanent exemption at a

later time.

SECTION 12. Section 62.109, Government Code, is amended by

amending Subsections (a), (b), (d), and (e) and adding Subsection

(b-1) to read as follows:

(a) The judge of a district court
or the district clerk
[
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
or the district clerk
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.

(b-1)

The district clerk shall maintain a current list

indicating the name of each person permanently or temporarily

exempt under this section and the period of the exemption.

(d) A person
included on the list maintained under

Subsection (b-1)
[
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
included on the list maintained under Subsection

(b-1)
[
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
district clerk
[
voter registrar
] of the county.

SECTION 13. Sections 62.113(a) and (b), Government Code,

are amended to read as follows:

(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:

(1) the voter registrar of the county;

(2) the secretary of state; and

(3) the county or district attorney for an

investigation of whether the person committed an offense under

Section 13.007, Election Code, or other law.

SECTION 14. Sections 62.114(a) and (b), Government Code,

are amended to read as follows:

(a) The clerk of the court shall maintain a list containing

the name and address of each person who is [
excused or
] disqualified

under this subchapter from jury service because the person is not a

resident of the county.

(b) On the third business day of each month, the clerk shall

send a copy of the list of persons [
excused or
] disqualified in the

previous month because the persons do not reside in the county to:

(1) the voter registrar of the county; and

(2) the secretary of state.

SECTION 15. Section 62.115, Government Code, is amended by

amending Subsections (c) and (d) and adding Subsection (d-1) to

read as follows:

(c) The district clerk
shall
[
may
] remove from the jury

wheel the jury wheel card for the person whose name appears on the

list.

(d) On the third business day of each month, the clerk shall

send [
to the secretary of state
] a copy of the list of persons

disqualified because of a conviction of misdemeanor theft or a

felony
to:

(1) the secretary of state; and

(2)

the prosecuting attorney for a court to which a

person was summoned for investigation into whether the person

falsely made a claim related to a disqualification under Section

62.102(7) or (8)
[
in the preceding month
].

(d-1)

On the third business day of each month, the clerk of

the court shall prepare a list of the name and address of each

person on the list maintained under this section disqualified from

jury service because the person was convicted of a felony and send a

copy of the list to the voter registrar for the county.

SECTION 16. The changes in law made by this Act apply only

to a person who is summoned to appear for service on a grand jury or

petit jury on or after the effective date of this Act. A person who

is summoned to appear for service on a grand jury or petit jury

before the effective date of this Act is governed by the law in

effect on the date the person was summoned, and the former law is

continued in effect for that purpose.

SECTION 17. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 2637 was passed by the House on April

24, 2025, by the following vote: Yeas 133, Nays 13, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 2637 on May 28, 2025, by the following vote: Yeas 120, Nays 16,

1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2637 was passed by the Senate, with

amendments, on May 25, 2025, by the following vote: Yeas 31, Nays

0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor