HB4749 - Relating to reconstitution of the petit jury wheel and grand juror and petit juror qualifications and juror summoning in certain counties.

      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