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From the 2005 Regular Session of the Texas Legislature

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	S.B. No. 1704



AN ACT



relating to jury service.


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


SECTION 1.  Subsection (a),
Section 61.001, Government Code, is amended to read
as follows:


(a)  Each grand juror or petit
juror in a civil or criminal case in a district court,
criminal district court, county court, county court
at law, or justice court is entitled to receive as
reimbursement for travel and other expenses an amount:


(1)  not less than
$6 for the first day or fraction of the first day
served as a juror; and


(2)  not less than $40
nor more than $50 for each day or
fraction of each day served as a juror after the
first day.


SECTION 2.  Chapter 61, Government
Code, is amended by adding Section 61.0015 to read
as follows:


Sec. 61.0015.  REIMBURSEMENT
TO COUNTY.  (a)  The state shall reimburse a county
$34 a day for the reimbursement paid to a grand juror
or petit juror under Section 61.001 for each day or
fraction of each day served as a juror after the first
day.


(b)  The commissioners
court of a county entitled to reimbursement under this
section may file a claim for reimbursement with the
comptroller.


(c)  The comptroller shall
pay claims for reimbursement under this section quarterly
to the county treasury of each county that filed a
claim from money collected under Article 102.0045,
Code of Criminal Procedure, and deposited in the jury
service fund.


(d)  If sufficient money
described by Subsection (c) is not available to satisfy
the claims for reimbursement filed by the counties
under this section, the comptroller shall apportion
the available money among the counties by reducing
the amount payable to each county on an equal percentage
basis.


(e)  If a payment on a
county's claim for reimbursement is reduced under Subsection
(d), or if a county fails to file the claim for reimbursement
in a timely manner, the comptroller shall:


(1)  pay the balance owed
to the county when sufficient money described by Subsection
(c) is available; or


(2)  carry forward the
balance owed to the county and pay the balance to the
county when the next payment is required.


SECTION 3.  Section 62.0141,
Government Code, is amended to read as follows:


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.


SECTION 4.  Subchapter A, Chapter
62, Government Code, is amended by adding Section 62.0142
to read as follows:


Sec. 62.0142.  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).


SECTION 5.  Subchapter A, Chapter
102, Code of Criminal Procedure, is amended by adding
Article 102.0045 to read as follows:


Art. 102.0045.  FEE FOR
JURY REIMBURSEMENT TO COUNTIES.  (a)  A person convicted
of any offense, other than an offense relating to a
pedestrian or the parking of a motor vehicle, shall
pay as a court cost, in addition to all other costs,
a fee of $4 to be used to reimburse counties for the
cost of juror services as provided by Section 61.0015,
Government Code.


(b)  The clerk of the court
shall remit the fees collected under this article to
the comptroller in the manner provided by Subchapter
B, Chapter 133, Local Government Code.  The comptroller
shall deposit the fees in the jury service fund.


(c)  The jury service fund
is created in the state treasury.  If, at any time,
the unexpended balance of the jury service fund exceeds
$10 million, the comptroller shall transfer the amount
in excess of $10 million to the fair defense account.


(d)  Fees deposited in
the jury service fund under this section are exempt
from the application of Section 403.095, Government
Code.


SECTION 6.  Section 102.021,
Government Code, is amended to read as follows:


Sec. 102.021.  COURT COSTS
ON CONVICTION.  A person convicted of an offense shall
pay, in addition to all other costs:


(1)  court costs on conviction
of a felony (Sec. 133.102, Local Government Code) …
$133;


(2)  court costs on conviction
of a Class A or Class B misdemeanor (Sec. 133.102,
Local Government Code) … $83;


(3)  court costs on conviction
of a nonjailable misdemeanor offense, including a criminal
violation of a municipal ordinance, other than a conviction
of an offense relating to a pedestrian or the parking
of a motor vehicle (Sec. 133.102, Local Government
Code) … $40;


(4)  court costs on certain
convictions in statutory county courts (Sec. 51.702,
Government Code) … $15;


(5)  court costs on certain
convictions in certain county courts (Sec. 51.703,
Government Code) … $15;


(6)  a time payment fee if
convicted of a felony or misdemeanor for paying any
part of a fine, court costs, or restitution on or after
the 31st day after the date on which a judgment is
entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) … $25;


(7)  a fee for services of
prosecutor (Art. 102.008, Code of Criminal Procedure)
… $25;


(8)  fees for services of
peace officer:


(A)  issuing a written notice
to appear in court for certain violations (Art. 102.011,
Code of Criminal Procedure) … $5;


(B)  executing or processing
an issued arrest warrant or capias (Art. 102.011, Code
of Criminal Procedure) … $50;


(C)  summoning a witness (Art.
102.011, Code of Criminal Procedure) … $5;


(D)  serving a writ not otherwise
listed (Art. 102.011, Code of Criminal Procedure) …
$35;


(E)  taking and approving
a bond and, if necessary, returning the bond to courthouse
(Art. 102.011, Code of Criminal Procedure) … $10;


(F)  commitment or release
(Art. 102.011, Code of Criminal Procedure) … $5;


(G)  summoning a jury (Art.
102.011, Code of Criminal Procedure) … $5;


(H)  attendance of a prisoner
in habeas corpus case if prisoner has been remanded
to custody or held to bail (Art. 102.011, Code of Criminal
Procedure) … $8 each day;


(I)  mileage for certain services
performed (Art. 102.011, Code of Criminal Procedure)
… $0.29 per mile; and


(J)  services of a sheriff
or constable who serves process and attends examining
trial in certain cases (Art. 102.011, Code of Criminal
Procedure) … not to exceed $5;


(9)  services of a peace officer
in conveying a witness outside the county (Art. 102.011,
Code of Criminal Procedure) … $10 per day or part of
a day, plus actual necessary travel expenses;


(10)  overtime of peace officer
for time spent testifying in the trial or traveling
to or from testifying in the trial (Art. 102.011, Code
of Criminal Procedure) … actual cost;


(11)  court costs on an offense
relating to rules of the road, when offense occurs
within a school crossing zone (Art. 102.014, Code of
Criminal Procedure) … $25;


(12)  court costs on an offense
of passing a school bus (Art. 102.014, Code of Criminal
Procedure) … $25;


(13)  court costs on an offense
of truancy or contributing to truancy (Art. 102.014,
Code of Criminal Procedure) … $20;


(14)  cost for visual recording
of intoxication arrest before conviction (Art. 102.018,
Code of Criminal Procedure) … $15;


(15)  cost of certain evaluations
(Art. 102.018, Code of Criminal Procedure) … actual
cost;


(16)  additional costs attendant
to certain intoxication convictions under Chapter 49,
Penal Code, for emergency medical services, trauma
facilities, and trauma care systems (Art. 102.0185,
Code of Criminal Procedure) … $100;


(17)  cost for DNA testing
for certain felonies (Art. 102.020, Code of Criminal
Procedure) … $250;


(18)  court cost on an offense
of public lewdness or indecent exposure (Art. 102.020,
Code of Criminal Procedure) … $50;


(19)  court cost on conviction
of a misdemeanor under Subtitle C, Title 7, Transportation
Code (Sec. 542.403, Transportation Code) … $3;


(20)  cost for impoundment
of vehicle (Sec. 601.263, Transportation Code) … $15
per day; and


(21)  a civil and criminal
enforcement cost on conviction of an offense of, or
related to, the nonpayment of a toll in certain counties
(Sec. 284.2031, Transportation Code) … $1; and


(22)  court cost on conviction
of any offense, other than a conviction of an offense
relating to a pedestrian or the parking of a motor
vehicle (Art. 102.0045, Code of Criminal Procedure)
… $4.


SECTION 7.  Section 133.003,
Local Government Code, is amended to read as follows:


Sec. 133.003.  CRIMINAL FEES.
 This chapter applies to the following criminal fees:


(1)  the consolidated fee
imposed under Section 133.102;


(2)  the time payment fee
imposed under Section 133.103;


(3)  fees for services of
peace officers employed by the state imposed under
Article 102.011, Code of Criminal Procedure, and forwarded
to the comptroller as provided by Section 133.104;


(4)  costs on conviction imposed
in certain statutory county courts under Section 51.702,
Government Code, and deposited in the judicial fund;


(5)  costs on conviction imposed
in certain county courts under Section 51.703, Government
Code, and deposited in the judicial fund;


(6)  the administrative fee
for failure to appear or failure to pay or satisfy
a judgment imposed under Section 706.006, Transportation
Code; and


(7)  fines on conviction imposed
under Section 621.506(g), Transportation Code; and


(8)  the fee imposed under
Article 102.0045, Code of Criminal Procedure.


SECTION 8.  Section 51.607,
Government Code, does not apply to court costs or fees
imposed under this Act.


SECTION 9.  (a)  The changes
in law made by Sections 3 and 4 of this Act apply only
to a person summoned to appear for jury service who
is required to appear on or after September 1, 2005.
 A person summoned to appear for jury service who is
required to appear before September 1, 2005, is governed
by the law in effect on the date the person is required
to appear, and the former law is continued in effect
for that purpose.


(b)  Article 102.0045, Code
of Criminal Procedure, as added by this Act, applies
only to a defendant convicted of a criminal offense
that is committed on or after September 1, 2005.  A
defendant convicted of a criminal offense that is committed
before September 1, 2005, is governed by the law in
effect at the time the offense was committed, and that
law is continued in effect for that purpose.  For purposes
of this section, an offense is committed before September
1, 2005, if any element of the offense occurs before
that date.


SECTION 10.  (a)  Except as
provided by Subsection (b) of this section, this Act
takes effect September 1, 2005.


(b)  Sections 1 and 2 of this
Act take effect January 1, 2006.





______________________________    ______________________________



President
of the Senate             Speaker of the House



I hereby certify that S.B.
No. 1704 passed the Senate on May 16, 2005, by the
following vote:  Yeas 29, Nays 1; and that the Senate
concurred in House amendment on May 27, 2005, by the
following vote:  Yeas 29, Nays 0.




______________________________


    Secretary of the
Senate




I hereby certify that S.B.
No. 1704 passed the House, with amendment, on May 25,
2005, by the following vote:  Yeas 137, Nays 2, four
present not voting.




______________________________


    Chief Clerk of
the House




Approved:


______________________________


             Date


______________________________


           Governor