CHAPTER 62. PETIT JURIES
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE E. JURIES
CHAPTER 62. PETIT JURIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL. (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), or (7).
(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.
(c) Each year not later than the third Tuesday in November or
the date provided by Section 16.032, Election Code, for the
cancellation of voter registrations, whichever is earlier, the
voter registrar of each county shall furnish to the secretary of
state a current voter registration list from all the precincts in
the county that, except as provided by Subsection (d), includes:
(1) the complete name, mailing address, date of birth, voter
registration number, and precinct number for each voter;
(2) if available, the Texas driver's license number or personal
identification card or certificate number and social security
number for each voter; and
(3) any other information included on the voter registration
list of the county.
(d) The list required by Subsection (c) may exclude, at the
option of the voter registrar of each county, the names of
persons on the suspense list maintained under Section 15.081,
Election Code.
(e) The voter registrar shall send a list of the names of
persons excluded to the secretary of state with the list required
by Subsection (c).
(f) The Department of Public Safety shall furnish a list to the
secretary of state that shows the names required under Subsection
(a)(2) and that contains any of the information enumerated in
Subsection (c) that is available to the department, including
citizenship status and county of residence. The list shall
exclude the names of convicted felons, persons who are not
citizens of the United States, persons residing outside the
county, and the duplicate name of any registrant. The department
shall furnish the list to the secretary of state on or before the
first Monday in October of each year.
(g) The secretary of state shall accept the lists furnished as
provided by Subsections (c) through (f). The secretary of state
shall combine the lists, eliminate duplicate names, and send the
combined list to each county on or before December 31 of each
year or as may be required under a plan developed in accordance
with Section 62.011. The district clerk of a county that has
adopted a plan under Section 62.011 shall give the secretary of
state notice not later than the 90th day before the date the list
is required. The list furnished the county must be in a format,
electronic or printed copy, as requested by the county and must
be certified by the secretary of state stating that the list
contains the names required by Subsections (c) through (f),
eliminating duplications. The secretary of state shall furnish
the list free of charge.
(h) If the secretary of state is unable to furnish the list as
provided in this section because of the failure of the voter
registrar to furnish the county voter registration list to the
secretary of state, the county tax assessor-collector, sheriff,
county clerk, and district clerk in the county shall meet at the
county courthouse between January 1 and January 15 of the
following year and shall reconstitute the jury wheel for the
county, except as provided under a plan adopted under Section
62.011. The deadlines included in the plan control for preparing
the list and reconstituting the wheel. The secretary of state
shall send the list furnished by the Department of Public Safety
as provided by Subsection (f) to the voter registrar, who shall
combine the lists as described in this section for use as the
juror source and certify the combined list as required of the
secretary of state under Subsection (g).
(i) The commissioners court may, instead of using the method
provided by Subsections (c) through (h), contract with another
governmental unit or a private person to combine the voter
registration list with the list furnished by the Department of
Public Safety. Subsections (c) through (h) do not apply to a
county in which the commissioners court has contracted with
another governmental unit or a private person under this
subsection. The Department of Public Safety may not charge a fee
for furnishing a list under this subsection. Each list must
contain the name, date of birth, address, county of residence,
and citizenship status of each person listed. If practical, each
list must contain any other information useful in determining if
the person is qualified to serve as a juror.
(j) Notwithstanding Subsection (a), in a county with a
population of 250,000 or more, the names of persons who are
summoned for jury service in the county and who appear for
service must be removed from the jury wheel and may not be
maintained in the jury wheel until the third anniversary of the
date the person appeared for service or until the next date the
jury wheel is reconstituted, whichever date occurs earlier. This
subsection applies regardless of whether the person served on a
jury as a result of the summons.
(k) In reconstituting the jury wheel, the county or district
clerk shall update jury wheel cards to reflect addresses that
have been changed as provided by Section 62.0146.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 132, Sec. 1, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 789, Sec. 1, eff. June 15, 1989;
Acts 1991, 72nd Leg., ch. 442, Sec. 1, eff. Jan. 1, 1992; Acts
1997, 75th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 640, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 571, Sec. 1, eff. June 11, 2001.
Sec. 62.002. JURY WHEEL CARDS. (a) The officials or their
deputies who reconstitute the jury wheel shall write on a
separate jury wheel card of uniform size and color the name and,
if possible, the post office address of each prospective juror
that resides in the county and whose name appears on the current
lists used under Section 62.001. The name of each prospective
juror may appear on only one card.
(b) In a county with a population of 140,000 or more, the
commissioners court shall employ typists who shall type the names
and addresses of qualified prospective jurors on separate jury
wheel cards of uniform size and color under the direction and
control of the district clerk. The expenses incurred in typing
the names and addresses must be authorized, reported, and paid
and accounted for under the laws and rules that govern the
payment of other expenses of the office of district clerk. The
compensation of the typists and the expenses are paid from the
jury fund.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 132, Sec. 2, eff. Sept. 1,
1989.
Sec. 62.003. CONSTRUCTION AND SECURITY OF JURY WHEEL. (a) The
commissioners court shall provide a jury wheel in which to
deposit the jury wheel cards.
(b) The jury wheel must revolve freely on its axle and be
constructed of a durable material. The jury wheel may be equipped
with a motor capable of revolving the wheel in a manner that
thoroughly mixes the jury wheel cards.
(c) At all times that it is not in use as provided by this
subchapter, the jury wheel shall be locked by using two separate
locks. The key to one lock may not open the other lock. The
clasps attached to the jury wheel onto which the two locks are
fitted must be arranged so that the jury wheel may be opened only
if the two locks are unlocked at the same time. The sheriff shall
keep the key to one lock. The district clerk shall keep the key
to the other lock.
(d) The sheriff and the district clerk may not open the jury
wheel or permit it to be opened except at a time and in a manner
authorized by this subchapter, or permit another person to open
the wheel if the person is not authorized by this subchapter to
open the wheel.
(e) The sheriff and the district clerk shall keep the jury
wheel, when not in use, in a safe place with security that
prevents anyone from tampering with the jury wheel.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.004. DRAWING NAMES FOR JURY LISTS. (a) The county
clerk and the sheriff of the county shall draw the names of the
prospective jurors for a county court from the jury wheel in the
presence and under the direction of the county judge. The
district clerk and the sheriff or any constable of the county
shall draw the names of the prospective jurors for a justice
court, county court at law, or district court from the jury wheel
in the presence and under the direction of the district judge.
(b) The county or district clerk and the sheriff or constable
shall draw the names of prospective jurors from the jury wheel
after the wheel has been turned to thoroughly mix the jury wheel
cards and shall draw the names one by one if so directed by the
judge in whose presence the names are drawn. The names of
prospective jurors shall be drawn at least 10 days before the
first day of the term of court.
(c) The county or district clerk and the sheriff or constable
shall draw as many jury lists as are required for the term of
court. They shall record the names that are drawn on as many
lists as the judge in whose presence the names are drawn
considers necessary to ensure an adequate number of jurors for
the term.
(d) A deputy may represent the county or district clerk or the
sheriff or constable at the drawing. Other persons may be present
only as provided by this subchapter.
(e) An official attending the drawing may not divulge to anyone
the name of a person that is drawn as a prospective juror.
(f) The names of additional prospective jurors may be drawn as
needed in the manner provided by this section if it appears at
any time during the term of court that the jury lists already
drawn will be exhausted before the term expires.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 1, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 36, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1114, Sec. 1, eff. June 18, 2005.
Sec. 62.005. OBSERVATION OF DRAWING OF NAMES. (a) On written
application of a party in a case that is pending on the docket of
a justice, county, or district court for which a jury is
required, the party or his authorized representative may be
present and observe the drawing of the names of prospective
jurors from the jury wheel and the placement of the names on the
jury lists for the time period in which the party's case is set
for trial.
(b) The identity of the persons whose names are drawn from the
jury wheel and placed on the jury lists may not be revealed to
the observer.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 2, eff. Sept. 1,
1991.
Sec. 62.006. CERTIFICATION OF JURY LISTS. (a) The county or
district clerk or the clerk's deputy who draws the names of
prospective jurors and the judge in whose presence the names were
drawn for placement on jury lists shall certify the jury lists to
be the lists drawn for that term.
(b) Each certified jury list must be sealed in a separate
envelope that is endorsed, "List No. ______ of the petit jurors
drawn on the ______ day of __________, 19____, for the ______
Court of __________ County." The blanks in the endorsement on an
envelope must be properly filled. The envelopes shall be
consecutively numbered starting with the number one.
(c) The county or district clerk or the clerk's deputy who draws
the names shall write his name across the seal of each envelope
and deliver the envelopes to the judge in whose presence the
names were drawn.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.007. ENVELOPES CONTAINING JURY LISTS; OATH. (a) The
justice of the peace or the county or district judge receiving an
envelope containing a jury list shall inspect the envelope for
proper endorsement.
(b) The judge shall return the envelope to the county or
district clerk or clerk's deputy on completion of his inspection
and may instruct the clerk or deputy to endorse on the envelope
that the jury for that week is to be summoned for a day other
than Monday of that week.
(c) At the time that the judge returns the envelope to the clerk
or deputy, the judge shall administer to the clerk and each of
the clerk's deputies an oath that in substance provides:
"You do solemnly swear that you will not open an envelope
containing a jury list now delivered to you nor permit an
envelope to be opened until the time prescribed by law; and that
you will not communicate to any person the names appearing on a
jury list nor directly or indirectly converse or communicate with
a person selected as a juror about a case pending for trial in
this court at its next term, so help you God."
(d) Immediately after the judge returns an envelope containing a
jury list to the clerk or deputy, the clerk shall file the
envelope in a secure place in his office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 3, eff. Sept. 1,
1991.
Sec. 62.008. ENVELOPES CONTAINING JURY WHEEL CARDS. (a) At the
time that names are drawn for jury service and placed on a jury
list, the jury wheel cards containing the names on the jury list
shall be sealed in a separate envelope that is endorsed, "Cards
containing the names of jurors on List No. ______ of the petit
jurors drawn on the ______ day of __________, 19____, for the
______ Court of __________ County." The blanks in the endorsement
on an envelope shall be properly filled.
(b) The county or district clerk, as the case may be, shall
retain unopened a sealed envelope containing jury wheel cards in
a secure manner until the jurors selected from the jury list with
names corresponding to those on the jury wheel cards in the
envelope are impaneled for jury service.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.009. REUSE OF JURY WHEEL CARDS. (a) After jurors are
impaneled and serve at least four days, the clerk or his deputy
shall open the envelope containing the jury wheel cards with
names that correspond to those on a jury list from which the
impaneled jurors were selected for jury service.
(b) On opening the envelope, the clerk or his deputy shall
immediately return to the jury wheel each card in the envelope
with the name of a person who was not impaneled or who did not
serve at least four days and shall place in a box, for use by the
next officials selecting names of persons for the jury wheel,
each jury wheel card in the envelope with the name of a person
who served at least four days. However, the clerk or deputy
opening the envelope may withhold from the jury wheel all cards
selected for that jury list unless the judge orders him to return
the cards to the jury wheel.
(c) If any of the jury lists drawn for a term of court are not
used, the clerk or his deputy, immediately after the expiration
of the term, shall open the envelopes containing the jury wheel
cards with the names that appear on the unused lists and return
the jury wheel cards to the jury wheel.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.010. REFILLING OR REPLACEMENT OF JURY WHEEL. (a) If
all the jury wheel cards have been drawn from the jury wheel,
jury wheel cards shall immediately be returned to the jury wheel.
(b) If the jury wheel and its contents are lost or destroyed,
the jury wheel shall immediately be replaced and jury wheel cards
shall immediately be placed in the jury wheel as provided by this
subchapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.011. ELECTRONIC OR MECHANICAL METHOD OF SELECTION. (a)
On the recommendation of a majority of the district and criminal
district judges of a county, the commissioners court, by order
entered in its minutes, may adopt a plan for the selection of
names of persons for jury service with the aid of electronic or
mechanical equipment instead of drawing the names from a jury
wheel.
(b) A plan authorized by this section for the selection of names
of prospective jurors must:
(1) be proposed in writing to the commissioners court by a
majority of the district and criminal district judges of the
county at a meeting of the judges called for that purpose;
(2) specify that the source of names of persons for jury service
is the same as that provided by Section 62.001 and that the names
of persons listed in a register of persons exempt from jury
service may not be used in preparing the record of names from
which a jury list is selected, as provided by Sections 62.108 and
62.109;
(3) provide a fair, impartial, and objective method of selecting
names of persons for jury service with the aid of electronic or
mechanical equipment;
(4) designate the district clerk as the officer in charge of the
selection process and define his duties; and
(5) provide that the method of selection either will use the
same record of names for the selection of persons for jury
service until that record is exhausted or will use the same
record of names for a period of time specified by the plan.
(c) The provisions of this subchapter relating to the selection
of names of persons for jury service by the use of a jury wheel
do not apply in a county that adopts a plan authorized by this
section for the selection of names of prospective jurors by the
use of electronic or mechanical equipment.
(d) A state agency or the secretary of state may not charge a
fee for furnishing a list of names required by Section 62.001.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 132, Sec. 3, 4, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 442, Sec. 2, eff. Jan. 1,
1992; Acts 1995, 74th Leg., ch. 677, Sec. 1, eff. Sept. 1, 1995.
Sec. 62.0111. COMPUTER OR TELEPHONE RESPONSE TO SUMMONS. (a) A
plan authorized under Section 62.011 for the selection of names
of prospective jurors may allow for a prospective juror to appear
in response to a summons by:
(1) contacting the county officer responsible for summoning
jurors by computer;
(2) calling an automated telephone system; or
(3) appearing before the court in person.
(b) A plan adopted under Subsection (a) may allow for a
prospective juror to provide information to the county officer
responsible for summoning jurors or for the county officer to
provide information to the prospective juror by computer or
automated telephone system, including:
(1) information that permits the court to determine whether the
prospective juror is qualified for jury service under Section
62.102;
(2) information that permits the court to determine whether the
prospective juror is exempt from jury service under Section
62.106;
(3) submission of a request by the prospective juror for a
postponement of or excuse from jury service under Section 62.110;
(4) information for jury assignment under Section 62.016,
including:
(A) the prospective juror's postponement status;
(B) if the prospective juror could potentially serve on a jury
in a justice court, the residency of the prospective juror; and
(C) if the prospective juror could potentially serve on a jury
in a criminal matter, whether the prospective juror has been
convicted of misdemeanor theft;
(5) completion and submission by the prospective juror of the
written jury summons questionnaire under Section 62.0132;
(6) the prospective juror's electronic mail address; and
(7) notification to the prospective juror by electronic mail of:
(A) whether the prospective juror is qualified for jury service;
(B) the status of the exemption, postponement, or judicial
excuse request of the prospective juror; or
(C) whether the prospective juror has been assigned to a jury
panel.
(c) The county officer responsible for summoning jurors shall
purge the electronic mail address of a prospective juror
collected under Subsection (b):
(1) if the prospective juror serves on a jury, not later than
the 30th day after the date that:
(A) the county sends the person payment for jury service; or
(B) the county would otherwise send the person payment for jury
service, if the person has donated the payment under Section
61.003; or
(2) if the prospective juror does not serve on a jury, not later
than the 30th day after the date that the court releases the
person from jury service.
Added by Acts 2003, 78th Leg., ch. 276, Sec. 1, eff. Sept. 1,
2003.
Sec. 62.012. USE OF JURY LISTS. (a) When a justice of the
peace or a county or district judge requires a jury for a
particular week, the judge, within a reasonable time before the
prospective jurors are summoned, shall notify the county clerk,
for a county court jury, or the district clerk, for a justice or
district court jury, to open the next consecutively numbered
envelope containing a jury list that is in the clerk's possession
and has not been opened. The judge shall also notify the clerk of
the date that the prospective jurors are to be summoned to appear
for jury service.
(b) On receiving the notice from the judge, the clerk shall
immediately write on the jury list the date that the prospective
jurors are to be summoned to appear and shall deliver the jury
list to:
(1) the sheriff, for a county or district court jury; or
(2) the sheriff or constable, for a justice court jury.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 4, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 424, Sec. 1, eff. Sept. 1, 1993.
Sec. 62.0125. SUMMONS FOR JURY SERVICE ON GENERAL ELECTION DAY
PROHIBITED. Prospective jurors may not be summoned to appear for
jury service on the date of the general election for state and
county officers.
Added by Acts 2003, 78th Leg., ch. 398, Sec. 1, eff. Sept. 1,
2003.
Sec. 62.013. SUMMONS FOR JURY SERVICE BY SHERIFF OR CONSTABLE.
(a) Except as provided by Section 62.014, the sheriff or
constable, on receipt of a jury list from a county or district
clerk, shall immediately notify the persons whose names are on
the list to appear for jury service on the date designated by the
judge.
(b) The sheriff or constable shall notify each prospective juror
to appear for jury service:
(1) by an oral summons; or
(2) if the judge ordering the summons so directs, by a written
summons sent by registered mail or certified mail, return receipt
requested, or by first class mail to the address on the jury
wheel card or the address on the current voter registration list
of the county.
(c) Delivery of a written summons is sufficient if the mail
containing the summons is received by a person authorized by the
United States Postal Service to receive it.
(d) The content of an oral or written summons to appear for jury
service is sufficient if it includes the time and place for the
appearance of the prospective juror for jury service, the purpose
for which he is to appear, and the penalty for his failure to
appear as required.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 424, Sec. 2, eff. Sept. 1,
1993.
Sec. 62.0131. FORM OF WRITTEN JURY SUMMONS. (a) The Office of
Court Administration of the Texas Judicial System shall develop
and maintain a model for a uniform written jury summons in this
state.
(b) The model must include:
(1) the exemptions and restrictions governing jury service under
Subchapter B; and
(2) the information under Chapter 122, Civil Practice and
Remedies Code, relating to the duties of an employer with regard
to an employee who is summoned for jury service.
(c) A written jury summons must conform with the model
established under this section.
(d) In developing and maintaining the model required by this
section, the Office of Court Administration of the Texas Judicial
System shall solicit and consider the opinions of the members of
the judiciary, district clerks, and attorneys.
Added by Acts 1999, 76th Leg., ch. 539, Sec. 1, eff. Sept. 1,
1999.
Sec. 62.0132. WRITTEN JURY SUMMONS QUESTIONNAIRE. (a) The
Office of Court Administration of the Texas Judicial System shall
develop and maintain a questionnaire to accompany a written jury
summons.
(b) A written jury summons must include a copy of the
questionnaire developed under this section.
(c) The questionnaire must require a person to provide
biographical and demographic information that is relevant to
service as a jury member, including the person's:
(1) name, sex, race, and age;
(2) residence address and mailing address;
(3) education level, occupation, and place of employment;
(4) marital status and the name, occupation, and place of
employment of the person's spouse; and
(5) citizenship status and county of residence.
(d) A person who has received a written jury summons and a
written jury summons questionnaire shall complete and submit the
questionnaire when the person reports for jury duty.
(e) In developing and maintaining the questionnaire required by
this section, the Office of Court Administration of the Texas
Judicial System shall solicit and consider the opinions of the
members of the judiciary, district clerks, and attorneys.
(f) Except as provided by Subsection (g), information contained
in a completed questionnaire is confidential and is not subject
to Chapter 552.
(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; and
(3) a litigant and a litigant's attorney in a cause of action in
which the respondent to the questionnaire is a potential juror.
Added by Acts 1999, 76th Leg., ch. 539, Sec. 1, eff. Sept. 1,
1999.
Sec. 62.014. SUMMONS FOR JURY SERVICE BY BAILIFFS. (a) In a
county with at least nine district courts, the district judges
may direct that prospective jurors be summoned for jury service
by the sheriff or by a bailiff, or an assistant or deputy
bailiff, in charge of the central jury room and the general panel
of the county.
(b) A summons under this section to appear for jury service may
be made verbally in person, by registered mail, by ordinary mail,
or by any other method as determined by the district judges of
the county.
(c) Prospective jurors summoned under this section for service
on the general jury panel serve as jurors in civil and criminal
cases, and additional summons for service in criminal cases is
not required.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to
any criminal penalty prescribed by law, a person summoned for
jury service who does not comply with the summons as required by
law or who knowingly provides false information in a request for
an exemption or to be excused from jury service is subject to a
contempt action punishable by a fine of not less than $100 nor
more than $1,000.
Added by Acts 1991, 72nd Leg., ch. 442, Sec. 3, eff. Jan. 1,
1992.
Amended by:
Acts 2005, 79th Leg., Ch.
1360, Sec. 3, eff. September 1, 2005.
Sec. 62.0142. NOTICE ON WRITTEN SUMMONS. If a written summons
for jury duty allows a person to claim a disqualification or
exemption by signing a statement and returning it to the clerk of
the court, the form must notify the person that by claiming a
disqualification or exemption based on the lack of citizenship or
lack of residence in the county the person might no longer be
eligible to vote in the county.
Added by Acts 2005, 79th Leg., Ch.
559, Sec. 1, eff. September 1, 2005.
Sec. 62.0143. POSTPONEMENT OF JURY SERVICE. (a) A person
summoned for jury service may request a postponement of the
person's initial appearance for jury service. The person may
request the postponement by contacting the clerk of the court in
person, in writing, or by telephone before the date on which the
person is summoned to appear.
(b) On receipt of a request under Subsection (a), the clerk of
the court shall grant the person a postponement if:
(1) the person has not been granted a postponement in that
county during the one-year period preceding the date on which the
person is summoned to appear; and
(2) the person and the clerk determine a substitute date on
which the person will appear for jury service that is not later
than six months after the date on which the person was originally
summoned to appear.
(c) A person who receives a postponement under Subsection (b)
may request a subsequent postponement in the manner described by
Subsection (a). The clerk of the court may approve the
subsequent postponement only because of an extreme emergency that
could not have been anticipated, such as a death in the person's
family, sudden serious illness suffered by the person, or a
natural disaster or national emergency in which the person is
personally involved. Before the clerk may grant the subsequent
postponement, the person and the clerk must determine a
substitute date on which the person will appear for jury service
that is not later than six months after the date on which the
person was to appear after the postponement under Subsection (b).
Added by Acts 2005, 79th Leg., Ch.
1360, Sec. 4, eff. September 1, 2005.
Renumbered from Government Code, Section 62.0142 by Acts 2007,
80th Leg., R.S., Ch.
921, Sec. 17.001(26), eff. September 1, 2007.
Sec. 62.0144. POSTPONEMENT OF JURY SERVICE IN CERTAIN COUNTIES.
(a) This section applies only to a county:
(1) with a population of 1.4 million or more; and
(2) that has within its boundaries at least two municipalities
that each have a population of 300,000 or more.
(b) A person summoned for jury service may request a
postponement of the person's initial appearance for jury service.
The person may request the postponement by contacting the clerk
of the court, or the court's designee, in person, in writing, or
by telephone before the date on which the person is summoned to
appear.
(c) On receipt of a request under Subsection (b), the clerk of
the court or the court's designee shall grant the person a
postponement if:
(1) the person has not been granted a postponement in that
county since the date on which the jury wheel from which the
person was selected to appear was most recently reconstituted;
and
(2) the person and the clerk or the court's designee determine a
substitute date on which the person will appear for jury service
that is not later than six months after the date on which the
person was originally summoned to appear.
(d) A person who receives a postponement under Subsection (c)
may request subsequent postponements in the manner described by
Subsection (b). The clerk of the court or the court's designee
may approve a subsequent postponement if the clerk or the court's
designee determines that the person has a legitimate reason for
requesting the postponement. Before the clerk or the court's
designee may grant the subsequent postponement, the person and
the clerk or the court's designee must determine a substitute
date on which the person will appear for jury service that is not
later than six months after the date on which the person was to
appear after the later of:
(1) the postponement under Subsection (c); or
(2) the most recent postponement granted under this subsection.
Added by Acts 2007, 80th Leg., R.S., Ch.
140, Sec. 1, eff. September 1, 2007.
Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF
PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a
written summons for jury service sent by a sheriff, constable, or
bailiff is undeliverable, the county or district clerk may remove
from the jury wheel the jury wheel card for the person summoned
or remove the person's name from the record of names for
selection of persons for jury service under Section 62.011.
Added by Acts 1997, 75th Leg., ch. 777, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 571, Sec. 2, eff. June
11, 2001.
Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL OF
PROSPECTIVE JURORS. If a written summons for jury service sent
by a sheriff, constable, or bailiff is returned with a notation
from the United States Postal Service of a change of address for
the person summoned, the county or district clerk may update the
jury wheel card to reflect the person's new address.
Added by Acts 2001, 77th Leg., ch. 571, Sec. 3, eff. June 11,
2001.
Sec. 62.015. SELECTION OF JURY PANEL. (a) On the day that
jurors appear for jury service in a justice, county, or district
court, the judge, if jury trials have been set, shall select from
the names on the jury lists a sufficient number of qualified
jurors to serve on the jury panel.
(b) If the court at any time does not have a sufficient number
of prospective jurors present whose names are on the jury lists
and who are not excused by the judge from jury service, the judge
shall order the sheriff or constable to summon additional
prospective jurors to provide the requisite number of jurors for
the panel. The names of additional jurors to be summoned by the
sheriff or constable to fill a jury panel shall be drawn from the
jury wheel under orders of the judge. Additional jurors summoned
to fill a jury panel shall be discharged when their services are
no longer required.
(c) The judge may order all or part of a panel of jurors to
stand adjourned from jury service until a subsequent date in the
term, but a juror may not be paid for the time that he stands
adjourned from jury service.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 5, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 36, Sec. 2, eff. Sept. 1, 1997.
Sec. 62.016. INTERCHANGEABLE JURIES IN CERTAIN COUNTIES. (a)
In each county with at least three district or criminal district
courts, the district judges shall meet and determine the
approximate number of prospective jurors that are reasonably
necessary for each week of the year for a general panel of jurors
for service in the county court, the justice courts, and all
district and statutory county courts of the county. A majority of
the district judges may act to carry out the provisions of this
section.
(b) The district judges shall order that the number of names of
prospective jurors that they determine are reasonably necessary
for each week's general panel be drawn from the jury wheel. They
shall order the drawing of names of prospective jurors for as
many weeks in advance as they consider proper and may increase or
decrease the number of names drawn for any week.
(c) The district judges shall designate from time to time a
judge to whom the general panels report for jury service. The
judge for the designated period shall organize, control, and
supervise the members of the general jury panel.
(d) The sheriff shall notify the persons whose names are drawn
from the jury wheel to appear before the designated judge for
jury service. The judge shall hear the excuses of the prospective
jurors and swear them in for jury service for the week for which
they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a general
jury panel for service as jurors in all justice, county, and
district courts in the county and shall be used interchangeably
in all of those courts. A county may summon jurors chosen for
service under this section to the justice court in the manner
prescribed by Section 62.412.
(f) In the event of a deficiency of jurors to satisfy the jury
requirements of the justice, county, and district courts, the
judge having control of the general jury panel shall order a
sufficient number of additional names drawn to meet the
emergency. The names of additional jurors for the general panel
must be drawn from the jury wheel except as provided by Section
62.011. The additional jurors act only as special jurors and
shall be discharged as soon as their services are no longer
required.
(g) If it becomes necessary to reduce the number of persons on
the general panel for the week of its selection because of a lack
of work in a court or for other cause, the judge having control
of the general jury panel shall cause the clerk to draw from the
general panel the number of names that the judge determines is
required for the week. The prospective jurors whose names are
drawn shall continue to serve on the general panel for the
remainder of the week, and the others are excused.
(h) In a county with a population of more than 900,000, the
district judges, by a majority vote, may authorize the drawing of
two general jury panels for the week, with one to be used in the
courts that have a criminal docket and the other to be used in
the courts that have a civil docket.
(i) Except as modified by this section and Section 62.011, the
law governing jury wheels applies in the counties that use
general jury panels interchangeably in their county and district
courts.
(j) This section does not apply to a selection of jurors in a
capital case or a mental health proceeding.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.80(a), eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 7, Sec. 6, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 838, Sec. 1, eff. June 18, 1999.
Sec. 62.017. INTERCHANGEABLE JURORS IN CERTAIN OTHER COUNTIES.
(a) In a county with two district courts, the judges of the two
courts may meet at a time fixed by them and determine the
approximate number of prospective jurors that are reasonably
necessary for each week of the year for a general panel of jurors
for service in both district courts. The judges shall act
together to carry out the provisions of this section.
(b) The district judges may order that the number of names of
prospective jurors that they determine is reasonably necessary
for each week's general panel be drawn from the jury wheel. They
may order the drawing of names of prospective jurors for as many
weeks in advance as they consider proper and may increase or
decrease the number of names drawn for any week.
(c) The district judges shall designate from time to time the
judge to whom the general panels report for jury service. The
judge for the designated period shall organize, control, and
supervise the members of the general jury panel.
(d) The sheriff shall notify the persons whose names are drawn
from the jury wheel to appear before the designated judge for
jury service. The judge shall hear the excuses of the prospective
jurors and swear them in for jury service for the week for which
they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a general
jury panel for service as jurors in both district courts in the
county and shall be used interchangeably in those courts. With
the approval of both district judges, prospective jurors
impaneled under this section may constitute a general jury panel
for service as jurors in the justice courts, the county court,
and all statutory county courts in the county, in addition to
service as jurors in both district courts, and in that event,
shall be used interchangeably in all district, justice, and
county courts.
(f) In the event of a deficiency of jurors to satisfy the jury
requirements of any of the courts, the judge having control of
the general jury panel shall order sufficient additional names
drawn to meet the emergency. The names of additional jurors for
the general panel must be drawn from the jury wheel except as
provided by Section 62.011. The additional jurors act only as
special jurors and shall be discharged as soon as their services
are no longer required.
(g) If it becomes necessary to reduce the number of persons on
the general panel for the week of its selection because of a lack
of work in a court or for other cause, the judge having control
of the general jury panel shall cause the clerk to draw from the
general panel the number of names that the judge determines is
required for the week. The prospective jurors whose names are
drawn shall continue to serve on the general panel for the
remainder of the week, and the others are excused.
(h) Except as modified by this section and Section 62.011, the
law governing jury wheels applies in the counties that use
general jury panels interchangeably in their courts.
(i) This section does not apply to a selection of jurors in a
capital case or a mental health commitment.
(j) The method for interchangeable jury panels authorized by
this section is in addition to the other methods authorized by
this subchapter. The adoption of the method provided by this
section is in the discretion of the district judges of the
counties with two district courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 7, eff. Sept. 1,
1991.
Sec. 62.0175. INTERCHANGEABLE JURORS IN COUNTIES WITH A SINGLE
DISTRICT COURT AND A SINGLE COUNTY COURT AT LAW WITH CONCURRENT
JURISDICTION. (a) In a county with only one district court and
only one county court at law that has concurrent jurisdiction
with the district court in any matter, the judges of the two
courts may meet at a time set by them and determine the
approximate number of prospective jurors that are reasonably
necessary for each week of the year for a general panel of jurors
for service in both courts. The judges shall act together to
carry out the provisions of this section.
(b) The judges may order that the number of names of prospective
jurors that they determine is reasonably necessary for each
week's general panel be drawn from the jury wheel. They may
order the drawing of names of prospective jurors for as many
weeks in advance as they consider proper and may increase or
decrease the number of names drawn for any week.
(c) A general panel shall report to the district judge for jury
service, and the district judge shall organize, control, and
supervise the members of the general panel.
(d) The sheriff shall notify the persons whose names are drawn
from the jury wheel to appear before the district judge for jury
service. The judge shall hear the excuses of the prospective
jurors and swear them in for jury service for the week for which
they are to serve as jurors.
(e) When impaneled, the prospective jurors constitute a general
panel for service as jurors in both courts and shall be used
interchangeably in those courts. With the approval of both
judges, prospective jurors impaneled under this section may
constitute a general panel for service as jurors in the justice
courts, the county court, and all other county courts at law in
the county, in addition to service as jurors in the district
court and the county court at law that has concurrent
jurisdiction. In that event, the general panel shall be used
interchangeably in the district court, county court, county
courts at law, and justice courts.
(f) In the event of a deficiency of jurors to satisfy the jury
requirements of any of the courts, the district judge shall order
sufficient additional names drawn to meet the emergency. The
names of additional jurors for the general panel must be drawn
from the jury wheel except as provided by Section 62.011. The
additional jurors act only as special jurors and shall be
discharged as soon as their services are no longer required.
(g) If it becomes necessary to reduce the number of persons on
the general panel for the week of its selection because of a lack
of work in a court or for other cause, the district judge shall
cause the clerk to draw from the general panel the number of
names that the judge determines is required for the week. The
prospective jurors whose names are drawn shall continue to serve
on the general panel for the remainder of the week, and the
others are excused.
(h) Except as modified by this section and Section 62.011, the
law governing jury wheels applies in the counties that use
general panels interchangeably in their courts.
(i) This section does not apply to a selection of jurors in a
capital case or a mental health commitment.
Added by Acts 2005, 79th Leg., Ch.
1114, Sec. 2, eff. June 18, 2005.
Sec. 62.018. QUARTERS FOR GENERAL PANELS. (a) The
commissioners court of a county that uses an interchangeable
general jury panel shall provide a comfortable place in or near
the county courthouse for the use and convenience of the persons
on the panel.
(b) The persons on the panel shall stay in or conveniently near
the place provided for them when not in service so that they are
at all times subject to service in a court as provided by this
subchapter without delaying the proceedings of the court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.019. BAILIFFS FOR GENERAL PANELS. (a) Except as
provided by this section, the sheriff of a county that uses an
interchangeable general jury panel shall assign one of his
deputies to take care of the persons on the panel, provide for
their wants, and call them as their services are required by the
judges of the courts using the interchangeable jury panel. The
assigned deputy has general control of the persons on the panel
when they are not in actual service as jurors.
(b) In a county with at least nine district courts, a majority
of the district judges, with the approval of the commissioners
court, may appoint a bailiff, and the assistant or deputy
bailiffs that the judges consider necessary, to be in charge of
the central jury room and the general panel. If the district
judges in such a county appoint a bailiff and the necessary
assistant or deputy bailiffs, the sheriff may not assign a deputy
to the central jury room and the general panel. If the district
judges do not appoint a bailiff to be in charge of the central
jury room and the general panel, the sheriff shall perform the
duties in connection with the jury room and general panel as
provided by law.
(c) A bailiff or assistant or deputy bailiff appointed by the
district judges serves a two-year term beginning January 1 of
each odd-numbered year. The salary of each is set by the
commissioners court on the recommendation of the district judges.
(d) The bailiffs and assistant and deputy bailiffs appointed by
the district judges shall take care of the general panel and
perform the duties in connection with the supervision of the
central jury room and the general panel that are required by the
district judges. They may notify prospective jurors whose names
are drawn from the jury wheel or selected by other means provided
by law to appear for jury service and may serve notices on absent
jurors as directed by the district judge having control of the
general jury panel.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.020. ALTERNATE JURORS. (a) In district court, the
judge may direct that not more than four jurors in addition to
the regular jury be called and impaneled to sit as alternate
jurors.
(b) In county court, the judge may direct that not more than two
jurors in addition to the regular jury be called and impaneled to
sit as alternate jurors.
(c) Alternate jurors shall be drawn and selected in the same
manner as regular jurors. An alternate juror must meet the same
qualifications, is subject to the same examination and
challenges, shall take the same oath, has the same functions,
powers, and privileges, and shall be accorded the same facilities
and security as a regular juror.
(d) In the order in which they are called, alternate jurors
shall replace jurors who, prior to the time the jury retires to
consider its verdict, become or are found to be unable or
disqualified to perform their duties. An alternate juror who does
not replace a regular juror shall be discharged after the jury
retires to consider its verdict.
(e) Each side is entitled to one peremptory challenge in
addition to those otherwise allowed by law or by rule if one or
two alternate jurors are to be impaneled. Each side is entitled
to two peremptory challenges in addition to those otherwise
allowed by law or by rule if three or four alternate jurors are
to be impaneled. The additional peremptory challenges may be used
against an alternate juror only, and the other peremptory
challenges allowed by law or by rule may not be used against an
alternate juror.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a county
with a population of 1.5 million or more, a prospective juror
removed from a jury panel for cause, by peremptory challenge or
for any other reason, must be dismissed from jury service. After
dismissal, the person may not be placed on another jury panel
until his name is returned to the jury wheel and drawn again for
jury service.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 70, eff. Sept. 1,
1991.
SUBCHAPTER B. JUROR QUALIFICATIONS
Sec. 62.101. JURY SERVICE. All individuals are competent petit
jurors unless disqualified under this subchapter and are liable
for jury service except as otherwise provided by this subchapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
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 this state and of the county in which the
person is to serve as a juror;
(3) is qualified under the constitution and laws to vote in the
county in which the person is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) 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;
(7) has not been convicted of misdemeanor theft or a felony; and
(8) is not under indictment or other legal accusation for
misdemeanor theft or a felony.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
801, Sec. 4, eff. September 1, 2005.
Sec. 62.103. SUSPENSION OF GENERAL QUALIFICATIONS. (a) A court
may suspend the qualification for jury service that requires a
person to be able to read and write if it appears to the court
that the requisite number of jurors able to read and write cannot
be found in the county.
(b) A court may suspend the qualification for jury service that
requires a person to have less than six days of service as a
petit juror during the preceding three months in the county court
or during the preceding six months in the district court if it
appears to the court that the county's sparse population makes
its enforcement seriously inconvenient.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.1031. FAILURE TO REGISTER TO VOTE. Failure to register
to vote does not disqualify a person from jury service.
Added by Acts 1989, 71st Leg., ch. 132, Sec. 5, eff. Sept. 1,
1989.
Sec. 62.104. DISQUALIFICATION FOR LEGAL BLINDNESS. (a) A
person who is legally blind is not disqualified to serve as a
juror in a civil case solely because of his legal blindness
except as provided by this section.
(b) A legally blind person is disqualified to serve as a juror
in a civil case if, in the opinion of the court, his blindness
renders him unfit to serve as a juror in that particular case.
(c) In this section, "legally blind" means having:
(1) no more than 20/200 of visual acuity in the better eye with
correcting lenses; or
(2) visual acuity greater than 20/200, but with a limitation in
the field of vision such that the widest diameter of the visual
field subtends an angle no greater than 20 degrees.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 62.1041. DEAF OR HARD OF HEARING JUROR. (a) A deaf or
hard of hearing person is not disqualified to serve as a juror
solely because of hearing loss except as provided by this
section.
(b) A deaf or hard of hearing person is disqualified to serve as
a juror if, in the opinion of the court, his hearing loss renders
him unfit to serve as a juror in that particular case.
(c) A deaf or hard of hearing person serving as a juror shall be
reasonably accommodated in accordance with the Americans with
Disabilities Act (42 U.S.C. Section 12101 et seq.). An
interpreter who is assisting a deaf or hard of hearing person
serving as a juror may accompany the juror during all proceedings
and deliberations in the case.
(d) If an interpreter is provided to a deaf or hard of hearing
person serving as a juror in a district, county, or justice
court, the county shall pay the cost of obtaining those services.
(e) A deaf or hard of hearing juror may request an auxiliary aid
or service for a municipal court proceeding. The city shall honor
the request unless the city can demonstrate that another
effective means of communication exists. The city shall pay the
cost unless the auxiliary aid or service will result in a
fundamental alteration of the municipal court proceeding or in
undue financial or administrative burdens.
(f) In this section, "deaf or hard of hearing" means having a
hearing impairment, regardless of the existence of a speech
impairment, that inhibits comprehension of an examination or
proceeding or communication with others.
Added by Acts 1987, 70th Leg., ch. 550, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 271, Sec. 1, eff.
Sept. 1, 1995.
Sec. 62.105. DISQUALIFICATION FOR PARTICULAR JURY. A person is
disqualified to serve as a petit juror in a particular case if
he:
(1) is a witness in the case;
(2) is interested, directly or indirectly, in the subject matter
of the case;
(3) is related by consanguinity or affinity within the third
degree, as determined under Chapter 573, to a party in the case;
(4) has a bias or prejudice in favor of or against a party in
the case; or
(5) has served as a petit juror in a former trial of the same
case or in another case involving the same questions of fact.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.81, eff. Sept.
1, 1987; Acts 1991, 72nd Leg., ch. 561, Sec. 23, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1,
1995.
Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person
qualified to serve as a petit juror may establish an exemption
from jury service if the person:
(1) is over 70 years of age;
(2) has legal custody of a child younger than 15 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 an invalid
unable to care for himself;
(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.
(b) Subsection (a)(8) does not apply if the jury wheel in the
county has been reconstituted after the date the person served as
a petit juror.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 733, Sec. 1, eff. Aug. 31,
1987; Acts 1987, 70th Leg., ch. 798, Sec. 1, eff. Aug. 31, 1987;
Acts 1989, 71st Leg., ch. 2, Sec. 8.35, eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 442, Sec. 4, eff. Jan. 1, 1992; Acts 1997,
75th Leg., ch. 165, Sec. 9.01, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 640, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg.,
ch. 153, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
599, Sec. 1, eff. September 1, 2009.
Sec. 62.107. PROCEDURES FOR ESTABLISHING EXEMPTIONS. (a) A
person who is notified to appear for jury service may establish
an exemption from the service under Section 62.106 without
appearing in person by filing a signed statement of the ground of
his exemption with the clerk of the court before the date on
which he is summoned to appear.
(b) A person may also claim an exemption from jury service under
Section 62.106 by filing with the sheriff, tax
assessor-collector, or district or county clerk of the county of
his residence a sworn statement that sets forth the ground of and
claims the exemption. The name of a person who claims his
exemption by filing the sworn statement may not be placed in the
jury wheel for the ensuing year.
(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 70 years of age, 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. Promptly after a
statement claiming a permanent exemption on the basis of age is
filed, the clerk of the court with whom it is filed shall have a
copy delivered to the county tax assessor-collector.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 686, Sec. 2, eff. Sept. 1,
1997.
Sec. 62.108. PERMANENT EXEMPTION FOR ELDERLY. (a) A person who
is entitled to exemption from jury service because the person is
over 70 years of age 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 county tax assessor-collector, by mail or
personal delivery, a signed statement affirming that the person
is over 70 years of age and desires a permanent exemption on that
ground; or
(2) in the manner pr