Relating to reconstitution of the petit jury wheel and grand juror and petit juror qualifications in certain counties.

89(R) SB 1888 - Senate Committee Report version - Bill Text

By: Sparks

S.B. No. 1888

(In the Senate - Filed March 4, 2025; March 17, 2025, read

first time and referred to Committee on Jurisprudence;

April 28, 2025, rereferred to Committee on State Affairs;

May 6, 2025, reported adversely, with favorable Committee

Substitute by the following vote: Yeas 11, Nays 0; May 6, 2025,

sent to printer.)
Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1888

By: Bettencourt

A BILL TO BE ENTITLED

AN ACT

relating to reconstitution of the petit jury wheel and grand juror

and petit juror qualifications 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 62.102, 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 6. 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 7. This Act takes effect September 1, 2025.

* * * * *