RNEY GENERAL 

EXAS 

Honorable :q. C. Lindsey 

Criminal District Attorney 

Jefferson County 

Beaumont, Texas 

Dear Mr. Lindsey: 

Opinion No. C-642 

Re: Proper lists for the 

selection of qualified 

jurors s 

Your request for an opinion on the above-captioned 

subject reads, in part, as follows: 

"Article 2094, V.A.C.SWt which relates to 

the selection of names for the jury wheel 

states, in part, that various county officials 

shall meet in August each year "and select 

from the list of qualified jurors of such 

coun,ty as shown by the tax lists in the tax 

assessorus office for the current year, the 

jurors for service in the district and county 

courts for the ensuing year." in the manner 

thereinafter provided. [Emphasis added.) 

"Heretofore, the county officials of 

Jefferson County used for their selection 

of na'mes the ad valorem tax rolls and the 

poll tax rolls as found in the tax assessor's 

office, Now that we no longer have a 'poll 

tax" in Texas to go on the 'tax list' in the 

tax assessor's office, the county officials 

have requested our office to ask your opinion 

on the following questions: 

"What constitutes the 'tax lists" as 

that term is used in Article 2094, V.A.C.S.? 

"Which lists may the county officials 

now use in the selecting of names of qualified 

jurors?" 
^ 

Hon. W. C. Lindsey, page 2 (C-642) 

A further question which we have been asked from other 

sources and which is implied by your second question is whether 

the names of persons registering under the provisions of Section 

34b of the Texas Election Code, enacted by Section 7 of~senate 

Bill No. 1, Acts of the 59th Legislature, 1st C,S. 1966, may properly be put into the jury wheel, 

These questions are an outgrowth of the recent federal 

district court decision in United States of America v. The State 

of Texas, (W,D.Tex., Feb, 9, 1966, opinion not yet reported: 

appeal to U,S.Sup,Ct. pending) I invalidating the requirement for 

payment of the poll tax as a prerequisite for voting. Following 

the decision, the Legislature was convened in special session 

for the purpose of enacting a voter registration law, and its 

product was embodied in Senate Bill No, 1, supra, Section 34b 

of the Election Code, enacted by Section 7 of S.B, No. 1, opened 

up a 15-day registration period from March 3, 1966, through 

March 17, 1966, for persons subject to the poll. tax who had 

not paid it before February P, 1966, but who are in other respects 

qualified electors. Registrants were issued "conditional voter 

registration certificatesqa for the 1966 voting year, which were 

to become effective for voting upon either of two stated contingencies, one of which was that an order of the Supreme Court 

or the district court having jurisdica,tion of United States v. 

State of Texas, supra, U'becomes effective to enjoin the enforcement of the invalidated provisions at ePections kefd before 

February 1, 1967." 

The United States Supreme Court refused to stay the 

district court judgment pending appeal, but the district court 

granted a stay through March 25, 1966, in order to allow completion 

of registration and compilation of registration lists under the 

new law before Its judgment was put into effect. As of March 26, 

11966, new registrants meeting other valid requirements of Texas 

law became eligible to vote at elections held during the remainder 

of the 1966 voting year, and the eligibiEty will be revoked only 

in the event the Supreme Court reverses the district court decision. 

Sections 1 through 5 of S-B, No, 1 contain permanent 

provisions for registration of voters, not based on liability for 

or payment of the poll tax0 which wili go into effect upon affirmance of the district court decision or upon adoption of a 

proposed amendment to ,the Texas Constitution repealing payment 

of the poll tax as a prerequisite for voting, 
. , 

Hon. W. C. Lindsey, page 3 (C-642) 

Of immediate concern is whether the names of persons 

issued conditional voter registration certificates under Section 

34b of the Election Code may be placed into the jury wheel this 

year. Of concern in future years is whether the na'mes of persons registered as voters under the permanent provisions of 

S.B, No. P may be placed into the wheel. 

Article 2094, Vernon"s Civil Statutes, provides that 

the names to be placed in the jury wheel are to be selected 

"from the list of qualified jurors of the county as shown by 

the tax lists in the tax assessor's office for the current year." 

Article 2095 provides that the officers performing this duty 

"shall write the names of all persons who are known to be qualified jurors under the law, residing in their respective counties, 

on separate cards" etc. 

Article 2133, Vernonas Civil Statutes, provides as one 

of the qualifications of a juror that a person “must be a citizen 

of the State and of the County in which he is to serve, and 

qualified under the Constitution and laws to vote in said County: 

provided, that his failure to pay poll tax as required by law 

shall not be held to disqualify him for jury service in any instance." This provision doubtlessly is a partial basis for use 

of the poll tax lists [officially referred to as the lists of 

qualified voters, consisting of the names of persons who have 

paid the poll tax or obtained exemption certificates. See Art. 

5,22, Texas Election Code), Article 2133 further provides as a 

qualification of a juror that he "mdst be either a freeholder 

in the State of Texas or a householder in the County or wife of 

a householder in the County." Use of the ad valoram tax lists 

in making up the jury wheel cards is related to this qualification. 

The question of what lists should properly be classified 

as "tax iists" urder Article 2094 was fully considered in Attorney 

General"s Opinion No, O-5521 j19431, After tracing the history 

of the jury wheel Yaw, the opinion stated: 

"Construing these Paws in accordance with the 

above referred to rule of construction, we do not 

believe that it was the intent, purpose wr effect 

of the jury wheel law to render unavailable for 

jury service in those counties which came under 

such law, any man in such counties who had the 

-3ir5 
. . 

Hon. W. C. Lindsey, page 4 (C-642) 

qualifications of a juror prescribed in said 

Article 2133, et seq. In construing that portion of Article 2094 (as amended) which provides that the names used for filling the 

jury wheel are obtained 'from the tax lists 

in the Tax Assessor*s office fox the current 

year, ' together with that provision in Article 

2095 (as amended), which provides that the 

designated officers "shall write the names of 

all men who are known to be qualified jurors 

under the law,' on cards which shall be placed 

in the wheel, we are inevitably led to the 

conclusion that it was the purpose and intent 

of the Legislature in enacting the jury wheel 

law to (ai preserve the availability as jurors 

of all men in the county qualified for jury 

service under the general law; (b) to abolish, 

in counties coming under the provisions of 

the jury wheel Yaw, the element of discretion 

involved in the selection, by jury commissioners, of the individual jurors to make up 

jury panels, and to utiliee instead the selection of jury panels by mechanical means; ‘and 

(c$ to sanction by law the use of the tax 

lists in the tax assessor's office for the 

current year as an aid to the designated 

officers in their performance of their duty 

to see that the names of a11 those known to 

be qualified jurors under the Yaw find their 

way into the jury wheel. We think the law 

contemplates that the designated officers 

should be diligent in their efforts to collect 

and place in the jury wheel the names of aTL 

men in the county having the qualifications 

of jurors as prescribed by the statutes of 

Texas I And axways the controlring object to 

be effected is the placing in the jury wheel 

of all the qualified jurors in the county, 

"From what we have said above, you wiP1 

understand that our answer to your question 

No, 1 is that the list in the tax assessor's 
Hon. W. C. Lindsey, page 5 (C-642) 

office, which should properly be classified as 

a tax list within the meaning of the jury wheel 

law, is the rendition list: but this list is 

to be used in aid of the designated officers 

in a diligent effort on their part to see that 

the names of all qualified jurors in the county 

find their way into the jury wheel. In furtherance of this effort, it is permissible for said 

officers to refer to and check the poll tax 

list for the current year against the rendition 

list: but it would be error for the officers 

to use said poll tax list as the exclusive 

source from which the names to be placed in 

the jury wheel would be obtained." 

Article 2133 expressly provides that failure to pay 

the poll tax does not disqualify a person for jury service. 

Registrants under Section 34b of the Election Code presumably 

meet all other qualifications for voting, and their names, if 

known to the officers making up the cards for the jury wheel, 

could be put into the wheel when new cards are prepared in August 

of 1966, without their having registered as voters. Even if 

their eligibility to vote is revoked by reversal of the district 

court decision, their names may still properly be QUt into and 

remain in the wheel until a new set of cards is prepared in 

1967 * From what has been said, it also follows that names of 

persons registering under the permanent provisions of S.B. No. 1 

may also be placed into the wheel in future years. 

S'IJMMARY 

The tax lists referred to in Article 2094, 

V.C.S., to be used in selecting names to be put 

into the jury wheel, are the county tax assessor's 

lists of property subject to taxation (the 

rendered and unrendered property lists). However, these lists are not the exclusive source 

from which the names should be obtained, and 

the officers preparing the cards for the jury 

wheel should include the names of all persons 

within the county whom they know to be qualified for jury service, Names of voters who 

registered under the provisions of Section 34b 
Hon. W. C. Lindsey, Qage 6 (C-642) 

of the Texas Election Code, enacted by Section 

7 of Senate Bill No. 1, Acts 59th Leg., 1st C.S., 

1966, during the 15-day period vjhich ended on 

March 17, 1966, may properly be placed into the 

jury wheel. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

Mary K, Wall 

Assistant 

MKW:ra 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Robert Flowers 

John Banks 

Phillip Crawford 

APPROVED FOR THE ATTORNEY GENERAL 

By: T, B. Wright