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89(R) HB 4749 - Enrolled version - Bill Text
H.B. No. 4749
AN ACT
relating to reconstitution of the petit jury wheel and grand juror
and petit juror qualifications and juror summoning in certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 19A.101, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a)
Except as provided by Subsection (a-1), 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) is not under indictment or other legal accusation
for misdemeanor theft or a felony;
(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;
(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
(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.
(a-1)
A person is not disqualified under Subsections (a)(3)
and (4) to serve as a grand juror in a county with a population of
less than 1,000 if that person is:
(1)
a resident of a county contiguous to and within the
same judicial district as the summoning county; and
(2)
qualified under the constitution and laws to vote
in the contiguous county.
SECTION 2. Article 19A.201, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1)
Notwithstanding Subsection (a), in a county with a
population of less than 1,000, grand jurors may be randomly
selected from a fair cross section of the population of one or more
counties contiguous to and within the same judicial district as the
summoning county who:
(1)
hold a valid Texas driver's license or a valid
personal identification card or certificate issued by the
Department of Public Safety; and
(2)
are not disqualified from grand jury service under
Article 19A.101(a)(1), (2), or (7).
SECTION 3. Section 62.001, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (a-1)
to read as follows:
(a)
Except as provided by Subsection (a-1), the
[
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
residents
[
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(a)(1)
[
62.102(1)
], (2), or (8).
(a-1)
In a county with a population of less than 1,000, the
jury wheel may be reconstituted by using, in addition to the sources
required under Subsection (a):
(1)
the names of all persons on the current voter
registration lists from all the precincts in one or more counties
contiguous to and within the same judicial district as the
summoning county; and
(2)
all names on a list required by Subsection (a)(1)
showing the residents of one or more counties contiguous to and
within the same judicial district as the summoning county who:
(A)
hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
Department of Public Safety; and
(B)
are not disqualified from jury service under
Section 62.102(a)(1), (2), or (8).
(b) Notwithstanding Subsection (a)
or (a-1)
, 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,
62.109, 62.113, 62.114, and 62.115.
(d) The
lists
[
list
] required by
Subsections
[
Subsection
]
(a)(1)
and (a-1)(1)
must exclude the names of persons on the
suspense list maintained under Section 15.081, Election Code.
SECTION 4. 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(a)(8)
[
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 5. Section 62.014(a), Government Code, is amended
to read as follows:
(a)
A
[
In a county with at least nine district courts, the
]
district
judge
[
judges
] may direct that prospective jurors be
summoned for jury service by the clerk, the sheriff, or a bailiff,
or an assistant or deputy bailiff, in charge of the central jury
room and the general panel of the county
, if the jurisdiction served
by the judge includes a county:
(1)
within the jurisdiction of at least nine district
courts; or
(2) with a population of less than 1,000
.
SECTION 6. Section 62.102, Government Code, is amended to
read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE.
(a)
Except as provided by Subsection (b), a
[
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; and
(9) is not under indictment or other legal accusation
for misdemeanor theft or a felony.
(b)
A person is not disqualified under Subsections (a)(3)
and (4) to serve as a juror in a county with a population of less
than 1,000 if that person is:
(1)
a resident of a county contiguous to and within the
same judicial district as the summoning county; and
(2)
qualified under the constitution and laws to vote
in the contiguous county.
SECTION 7. The change in law made by this Act applies only
to the qualifications of a person summoned for grand jury or petit
jury service on or after the effective date of this Act. The
qualifications of a person summoned for grand jury or petit jury
service before the effective date of this Act are governed by the
law in effect on the date the summons was made, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 4749 was passed by the House on May 2,
2025, by the following vote: Yeas 135, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4749 on May 29, 2025, by the following vote: Yeas 120, Nays 18,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4749 was passed by the Senate, with
amendments, on May 26, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor