July20,1971

Honorable Tom Hanna Opinion No.M-911 Criminal District Attorney Jefferson County Courthouse Re: Juries and jurywheels Beaumont, Texas 77701 as affected by S.B. 369, Acts 62nd Leg., R.S. 1971. Honorable Carol Vance District Attorney Harris County Courthouse Houston, Texas Honorable Joe Resweber County Attorney Harris County Courthouse Houston, Texas 77002 Honorable Franklin L. Smith County Attorney Nueces County Courthouse Corpus Christi, Texas 78401 Gentlemen:
Your offices have submitted various requests concerning interpretations of the legal effect of Senate Bill 369,Acts 62nd Legislature, Regular Session, 197l,(hereinafter referred to as S.B. 369)pertaining to juries andwhich amends certain existing Articles of the Texas Civil Statutes, repeals certain existing Articles of the Texas Civil Statutes and creates certain new statutes which are not yet designated byArticle number. For reference in this opinion we have attached as an,appendix the numbered and unnumbered Articles which we believe will constitute the text of Title 42,Chapter 7ofVernon's Annotated Civil Statutes titled "TheJury", after thefapplication of S.B. 369however this appendix is only intended tobe used in connection with this opinion'and does not purport to take into account any other bills thatmay have been passed by the 62nd Legislature andwhich may not have been called to the attention

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of the compiler. The provisions ofArticle 3,Sections 35 and 36of the Texas Constitution andArticles 35.10 and 35.12 and 35.16 of the Texas Code of Criminal Procedure are also carried at the end of theAppendix. Reference to "Art. lrshall refer to theArticle by number as it appears in theAppendix. Reference topreexisting law shall~be by "oldArt. ". Reference to the three unnumbered statutes onpage A-13 of the Appendix shall be "new Sec. ". Reference to sections of S.B. 369 shallbe "Sec. -7 Restated, your questions are as follows: 1. Is the caption (title)of S.B. 369 sufficiently broad to cover Sec. 4thereof as required byArticle 3,Section 35 of the Texas Constitution? Does the amendment of two specific subsections without republication of the other three subsections violate Article 3, Section 36of the Texas Constitution? 2. Is the caption (title)of S.B. 369 sufficiently broad to cover Sec. 10 thereof as required by Article 3,Section 35 of the Texas Constitution? 3. Is the caption (title)of S.B. 3,69sufficiently,broad to cover Sec. 12 thereof as required byArticle 3;Section 35 of the Texas Constitution? 4. Is the caption (title)of S.B. 369 sufficiently broad to cover Sec. 14 thereof as required byArticle 3,Section 35 of the Texas Constitution? 5. Does S.B. 369make persons 18, 19or 20years of age who are listed on the voter registration rolls eligible for jury duty7 6. Does Art. 2094 require that a jurywheel contain all names on the voter registration list (including those less than 21years of age)? 7. Does Art. 2094 require that thewheel contain all names ofpersons "eligible tovote" or only those currently registered7 8. May a juror be returned to the general panel for the week after he has been struck from apanel inone court?

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Honorable Tom Hanna, et al,Page 3 (M-911)

9. Is there an irreconciliable conflict between Arts. 2134 and 2135 andArticles 35.10, 35.12 and 35.16 of the Texas Code of Criminal Procedure. (hereinafter referred to 'as Art. -, C.C.P.)? 10. Does Section 4ofArt. 2101 affect the **answer** to thepreceding question insofar as affected counties are concerned? 11. What do the terms "economic reasons" and "parties of record" mean as'they areused inArt. 21207 12. Must a county choosing to use electronic means in lieu of the jurywheel follow the complete procedure outlined inArt. 2100a? 13. Where a county proceeds under Art. 2100a and uses electronic means forpicking apanel inwhat way would Sec. 14be applicable?
We will undertake to answer these questions in the order stated innumbered sections without formal restatement.

First let itbe stated that from.an examination of S.B. 369we conclude that thebill contains only one subject (formation of juries) and it therefore meets the "single subject" requirement ofArticle 3,Section 35,Texas Constitution. Our discussion in this and thenext three sections will be concerned with whether or not the subject matter embraced in the,Act was expressed in the title plus the applicability ofArticle 3,Section 36,Texas Constitution, in this first section. With respect to Sec. 4, the title to S.B. 369provides in pertinent part "AnAct
. . .providing for certain procedures relating to theuse of the jurywheel and selection of juries, amending Article(s)

. I
.2101, Revised Civil Statutes of Texas, 1925, as amended,
. . ." Sec. 4 in thebody of S.B. 369 commences "Subsections 1 and 3,Article 2101, Revised Civil Statutes of Texas, 1925,

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as amended, are amended to read as follows:
. . ."etc.
We feel that the following language in Cernoch v. Colorado County, 48S.W.2d 470 (Tex.Civ.App. 1932, nowrit) isdispositive of questions raised under Article 3,Section 35,Texas Constitution:

"Inorder to determine whether or not either of these acts isviolative of article 3, 535, of the Constitution, itmust be remembered that ithas been many times heldby the appellate courts that a reference to an article in aCode, such as the Revised Statutes, is sufficient in the title of an act amendatory thereof to allow any amendment germane to the subject treated in the articles referred to; the reason thereforbeing that the naming of the article or law tobe amended directs the attention of the leqislators to all of theprovisions therein, as the subject of the amending act, and that such provisions canbe ascertained by reading the articles tobe amended. The following authorities are cited in support thereof: English & Scottish-American Mortgage & Inv. Co. v. Hardy, 93 Tex. 289, 55S.W. 169, 171; Gunter v.Mortgage Co., 82Tex. 496, 17S.W. 840; State v. McCracken, 42Tex. 384; State v. Larkin, 41.Tex. Civ. App. 253, 90 S.W. 912;Womack v. Gardner, 10Tex. Civ. App. 367, 30S.W. 589, affirmed (Tex. Sup.) 31S.W. 358;Nichols v. State, 32Tex. Cr. R. 391, 23S.W. 680.
"In connection with the above, we quote the following from the case ofWomack v. Gardner, 10Tex. Civ. App. 367, 30S.W. 589, 591, to-wit: 'The "Revised Statutes" of this state is abody of civil statutes passed by the legislature, known anddesignated as the "Revised Statutes" (Rev.St. final tit. S2). They are divided into titles, chapters, and articles, bywhich each enactment may be easily found and identified. We think thatwhen they are sodesignated in the title of an act amendatory of them they

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are sufficiently identified, and such identification is a compliance with section 35, art. 3,of the constitution, andwe think that this is ,theholding of the supreme court of the state inthe Gunter case, above cited. We therefore conclude that the act of 1883was not unconstitutional, upon the ground that itwas violative of theprovision of the constitution."' (Emphasis added). Next, we take upwhether all ofArt. 2101must be,republished to give vitality to Sec. 4.
InQuinlan v. Houston and T. C. Rwy. Co., 89Tex. 356, 34S.W. 738 (Tex.Sup.Ct., 1896), Chief Justice Gaines discussed Article 7,S~ection25of the 1845 Texas Constitution (nowArticle 3, Section 36,Texas Constitution) and set the rule of construction as follows (atpps. 7110-741):

"In the absence of some constitutional restriction of like effect to that of section 25 of article 7of the constitution of 1845, .itwas theusual practice of legislative bodies to amend a law simply by providing that certain words should be added, or that others should be stricken out, or that, inplace of certain language, certain other language should be subsituted. Such an amendment frequently presented aproblem in construction that itwas difficult for the average mind to solve. This practice afforded ameans of imposing upon unwary members ,ofthe legislative bodies, and ofprocuring thepassage of amendments which would never have passed had their effect been fully understood. So, also, the amendment, when passed, did not admit of that ready understanding which isdesirable in allwritten laws. These were the evils which itwas thepurpose of section 25 to suppress. That provision, and other similar constitutional restrictions upon the form of legislation, have never, in construction, been given a rigid effect. They

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have been,held applicable to such statutes only as comewithin their terms, when construed according to the spirit of such restrictions, and in the light of the evils to be suppressed. Any other rule, as applied to theparticular inhibition under consideration, would work great, ifnot intolerable, inconvenience, andwould render the statutes unnecessarily volunimonus.

. . The practice ofmaking theprovisions of one statute applicable to another by a reference to the former lawfinthe new act isof frequent occurrence in legislation, both in England and in this country, and such legislation hasbeen uniformly recognized asvalid, so far aswe have been able to discover." (citations omitted).
In Ex Parte Erck, 128 S.W.2d 1174 (Tex.Crim.App. 19391, the following language appears:

"Relator's main contention seems tobe that since the caption of the act inquestion does not refer to the former act amending Section 16 of Chapter 42, itwas void in that the Legislature acted contrary to Section 36of'Article 3of the Constitution, Vernon's Ann.St., which reads as follows: 'Nolaw shall be revived or amended by reference to its title; but in such case the act revived, or the section or sections amended, shallbe re-enacted and published at length."'* * * "The object of the constitutional requirement is to give notice to themembers of the Legislature of the subject tobe affected by the propo.sedact. It appears to us that the Legislature had sufficient notice from the caption, 'dawell as thebody, of the substance of the law sought tobe amended, without designating in the caption the specific

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sections tobe affected by the amendment." * * *
"Weare of the opinion that under the constitutional provisions above mentioned, the Legislature may amend any section or sections of a lawormay amend the entire law as it sees fit.
"Inour opinion, the recitals in the caption of thebill are sufficient, without specifically enumerating therein each section, todirect the attention of themembers of the Legislature to the subject of the act tobe amended. When this object has been attained then itwould seem that the constitutional requirement has been complied with." That the Legislature knew what the amendment in question would accomplish isborne outby an examination of the relationship of Sec. 4with the remainder of S.B. 369. Sec. 4 only changes Subsection 1by removing two "formal" phrases for clarification. The principle change is in Subsection 3 where theproviso authorizing the sheriff to summons "talesmen" is removed. That thiswas intended isbuttressed by the fact that S.B. 369 specifically repeals Article 2119, Texas Civil Statutes, which covers the Sheriff's oath for summonsing talesmen and alsoArticle 2116c, Texas Civil Statutes, which contains references to summonsing additional jurors "in the manner now prescribed by law."
It is the opinion of this office that the title to S.B. 369 fairly apprised the Legislature of the intended amendment ofArt. 2101 and that the enacting clause in Sec. 4is a sufficient compliance with Article 3,Section 36,Texas Constitution without the repeated publication of the unaffected subsections.

With respect to Sec. 10 the title to S.B. 369provide* inpertinent part "AnAct
. . .providing that a courtmay not excuse a juror for economic reasons, amending Article

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2120, Revised Civil Statutes of Texas, 1925;
. . ." Sec. 10 commences "Article 2120, Revised Civil Statutes of Texas, 1925, is amended to read as follows:
. . ." Thereupon newArt. 2120 is set out in its amended entirety.
We conclude from a reading of Sec. 10 in comparison with entire S.B. 369 that Sec. 10 ispart of a single subjectmatter ofwhich the Legislature'was appropriately apprised and that the language of Sec. 10does not exceed the subject set forth in that title. It isour opinion that Sec. 10 is constitutional in this respect. III. With respect to Sec.'12 the title to S.B. 369provides inpertinent part "AnAct
. . .providing certain exceptions to jury service, amending Article 2135, Revised Civil Statutes of Texas, 1925, as amended;
. . ." Sec. 12 commences "Article 2135, Revised Civil,Statues of Texas, 1925, as amended, is amended to read as follows:
. . ." Our conclusion with regard to Sec. 12 coincides with our conclusion with regard to Sec. 10 (supra). It is the opinion of this office that Sec. 12 is constitutional in this respect.
IV. With respect to Sec. 14 the title to S.B. 369provides' inpertinent part "AnAct
. . .relating to removal from the jurypanel;
. . .' Sec. 14 commences "Once aprospective juror hasbeen removed from a jurypanel
. . ."etc. Sec. 14 is anew law and appears tobe aproper part of the single subject contained inboth the title and enacting clause of S.B. 369. It is the opinion of this office that Sec. 14 is constitutional in this respect. V. Although Section 11 of S.B. 369 amends a subsection of

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Art. 2133, itdid not amend that portion ofArt. 2133,stating "Allpersons . . .over twenty-one (21)years of agesare competent jurors

. . .II Amendment XXVI to the Constitution of theUnited States concerns only the age forvoting and does not affect the right of a State to establish age requirements on jury service.
It is the opinion of this office that persons less than twenty-one years of age **may**not serve on juries in Texas regardless ofwhat other qualifications theymay possess. VI.
Art. 2094provides that the entire voter registration list for the county shall be the ". . .sole andmandatory source. . .'I(emphasis added) for filling the jurywheel. A-095 gives instructions to "typists" in counties having apopulation of 140,000 ormore to ". . .typethenames and addresses of ualified jurors upon the cards.
. ." (emphasis added). Sinc%iFdF isqualification (age)appears right on the voter registration list it isobvious that under-age persons need not be included in these more populous counties.
It is obvious that to require the counties having a .populat.ionof less than 140,000 to include ineligible names in their jurywheels would be auseless thing. And one of the basic rules of statutory construction is thatwe presume that the Legislature did not intend to require the doing of ameaningless act. We therefore look to the entire enactment to seek aharmonious and constructive interpretation.
In this view we note that although Art. 2095 starts off by saying "Said officers shallwrite the names of all persons on saidprecinct lists

. . ."it goes on to say: ". . .writing

. . *,,ed
. . .thepost office address of each juror so select- .",thus indicating the legislative intent that "all persons" shallmean "jurors".
It is the opinion of this office thatArt. 2094makes the **voter registration**  **list** a source and thatbecause of thewording ofArt. 2095 (andother references throughout

**-4437-**Honorable Tom Hanna, et al, Page 10 (M-91 1)

S.B. 369 to "jurors") the jury wheel may be filled by including all the names on the voter registration list except thosewhose ineligibility (age)appears affirmatively on the face of thevoter registration list.
VII. Under Texas lawonly those who have registered tovote (orare automatically registered by operation of law) are eligible tovote. Even if there be unregistered persons eligible tovote (byreason ofbirthday, foreign service, etc.) Art. 2094 uses thewords "sole" and "mandatory" itwould seam that thebasic rule of "deminimus non curat lex"would eliminate anyproblem with theminiscule number of eligible non-registered voters. It is the opinion of this office that the jurywheel must be filled from the current voter registration list as it exists onAugust 1of eachyear. VIII. New Sec. 14 contains no language restricting itsprovisions to any existing Article or Subdivision of theRevised Civil Statutes of Texas. We must therefore treat it as anew statute applicable to all jury service in all courts. .Itis the opinion of this office thatwhen a juro,ris~ successfully challenged for cause, peremptorily challenged (orstruck) or otherwise dismissed from apanel (asby agreement, etc.) such juror shall be dismissed from further jury service at that **time** andhis name returned to the jurywheel.
IX. This office perceives no conflict between Arts. 2134 and 2135 andArts. 35.10, 35.12 and 35.16,Vernon's Code of Criminal Procydure. Art. 2135 concerns the forming of an entire panel or venire and applies to all types of cases. Persons ineligible under Article 2135 never reach the provisions of the other statutes unless they waive their exemption from jury service.

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Art. 2134 concerns interest orbias towards a single case and applies toboth civil and criminal matters, but does not conflict with nor derogate from the Code of Criminal Procedure Articles mentioned. The Code of Criminal Procedure Arts. apply only after a panel has been assigned to a criminal case and appear compatibly cumulative ofArts. 2134 and 2135.
X. Subsection 4ofArt. 2101has no effect on the preceding answer insofar as counties with population in excess of 900,000 are concerned. It is the opinion of this office that the separation into separate civil and criminal panels does not act to invalidate or change the operation of the above discussed compatible statutes. XI. Since the terms "economic reasons" and,"parties of record" are terms of art thathave not been construed by any Texas Court in the light of the new statute and since such terms of art are addressed to the court's discretion as to "reasonable sworn excuse" we express no opinion on these **terms.**
XII. Subsection 1ofArticle 2100a authorizes the Commissioners Court of certain counties to adopt the use of electronic means only upon recommendation from the district judge (orjudges). Section 2requires that theplan adopted shall be one submitted inwriting by the district judge(s) and no authorization appears to amend such plan. Section 2(b) ofArt. 2100amakes thevoter registration list the sole sauce of names for the computer. Since present computer plans permit names from theproperty list, some ofwhich are not on the voter list, theplan must be drawn to conform to the new statute. It is the opinion of this office that counties exercising the option touse electronic means asprovided inArt. 2100a

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must follow the entire procedure outlined in saidAr~ticleby submission of anew recommendation andplan from the district judge(s) and the adoption of same by the Commissioners Court so as to conform to the new requirements,,ofS.B. 369.
XIII.
We are unable toperceive any exemption from theprovisions of Sec. 14 in counties choosing to use electronic means under Art. 2100a. ,Inthese counties, jurors once removed from apanel must still be excused from further current service. The provisions of Section 3ofArt. 2100a would exempt such counties from thatportion of Sec. 14which says "returned to the jurywheel", since such county has no jurywheel. Such juror's dismissal would stillbe effective until he is "drawn again as aprospective juror".
It is the opinion of this office that in counties choosing jurypanels by electronic means a jurormust be dismissed from further current service when he isdismissed from apanel and hemay not serve again until the computer once again presents his name. SUMMARY

In S.B. 369,Acts 62nd Leg., R.S., 1971, Sets. 4, 10, 12 and 14 as enacted are constitutionally covered by the title and Sec. 4 is not in contravention ofArt. 3,Sec. 36, Texas Constitution.
Persons under 21years of agemay not serve on juries and their names need not beplaced in the jurywheel. All other names on the current voter registrationslist asofAugust 1steach~year must beplaced in'the jurywheel and no others.
A person dismissed from one jury panel for any reason must be excused from further jury duty until his name is returned to thewheel and drawn again. There isno conflict between Arts. 2134 and 2135, Texas Civil Statutes andArts.

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35.10, 35.12 and 35.16,Vernon's Code of Criminal Procedure, nor does Sec. 4,Art. 2101 affect these provisions. The terms "economic reasons" and "parties of record" asused inArticle 2120 are addressed to thediscretion of the trial court. Counties choosing electronic means under Art. 2100amust have anew recommendation and plan submitted by theDistrict Judge(s) and ordered by the Commissioners Court to comply with S. B. 369. Such counties are not exempt from themandatory dismissal provisions of Sec. 14of S. B. 369.

Attokney General of Texas Prepared by Howard M. Fender Assistant Attorney General
APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Jay Floyd Malcolm Quick Max Flusche Bob Lattimore
MEADE F. GRIFFIN Staff Legal Assistant
ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

-4441-APPENDIF.

Article 2094.
Between the first and fifteenth days ofAugust of each year, in each county in this State, the tax collector, sheriff, county clerk, anddistrict clerk of the county, each inperson or represented by one of his deputies, shallmeet at the county courthouse and reconstitute the jurywheel, using as the sole andmandatory source, all names on the voter registration lists from allprecincts in the county. Article 2095. Cards put inwheel: typists and expenses. Said officers shallwrite the names of all persons on saidprecinct lists, residing in their respective counties, on separate cards of uniform size and color, writing also on said cards, whenever possible, thepost-office address of each juror so selected, except that in counties having apopulation of one hundred forty thousand (140,000) or more, according to the last preceding federal census, the Commissioners Court shall provide out of the jury fund a sum sufficient for the employment of typists and payment of other expenses. The typists, under the direction, control and supervision of the district clerk, shall type the names and addresses of qualified jurors upon the cards asherein described. The expenses so incurred shall be authorized, reported, paid and accounted forunder the sane laws, rules and regulations as govern thepayment of other expenses of the office of the district clerk in such counties, except as otherwise herein specifically provided. The cards containing said names shall be deposited in a jurywheel, tobe provided for such purpose by theCommissioners Court of the county. Saidwheel shallbe contructed of anydurable material and shall be so constructed as to freely revolve on its axle; and may be equipped with amotor capable of revolving said wheel in such amanner as to thoroughly mix said cards: and shall be kept locked at all times, except when inuse ashereinafter provided, by theuse of two separate locks, soarranged that thekey to onewill not open the other lock; and saidwheel, and the clasps thereto attached intowhich the locks shallbe fitted, shall be so arranged that thewheel cannot be opened unless both of said locks are unlocked at the tine thewheel isopened. The keys to such locks shallbe kept, one by the sheriff and the other by the district clerk. The sheriff and the clerk shall not open suchwheel, nor permit the same tobe opened by any person, except at the time and in the manner and by the persons herein specified; but said

A-l.

sheriff and clerk shall keep suchwheel, when not in use, in a safe and secure place, where the same cannot be tampered with. Article 2096. (a) Not less than 10days prior to the first day of a term of court, thedistrict clerk or one ofhis deputies, and the sheriff, or one ofhis deputies, in the presence and under thedirection of the district judge, if the jurors are tobe drawn for district court, or the clerk of the county court, or one of his deputies, and the sheriff, or one of his deputies, in thepresence and under the direction of the county judge,if the jurors are tobe drawn for the county court, shall draw from thewheel containing the names of the jurors, after the same has been well turned so that the cards therein are thoroughly nixed, one **by** one the names of those jurors where such judge has sodirected to compose asmany lists as the term of thedistrict or county courts nay require, and shall record the names upon asmany lists as the judge shall deem necessary to insure an adequate number of jurors for each session of the court. At such drawing, no person other than those above named shall be permitted tobe present, except ashereinafter provided. The officers attending such drawing shall not divulge the names of any person thatmay be drawn as a juror to any person. If at any time during the term itappears that the lists already drawn will be exhausted before the expiration of the term, additional jurors as are needed may be drawn in the samemanner. (b) Drawing of names observed. - Upon the application inwriting of any party to any suit pending upon thedocket of a court forwhich a jury isrequired, said party, orhis duly authorized representative, shall have the right tobe present and observe thedrawing of names from the jurywheel and the placement thereof upon the jury lists for the **tine** period inwhich his case is set, provided, however, that the identity of the names sodrawn and placed upon the lists **at** such time **shall** not bemade known to such observer. Article 2097. List certified. The several lists of names sodrawn shallbe certified under the hand of the clerk or the deputy doing thedrawing, and the district **or** county judge

A-2inwhose presence the names were drawn from thewheel,

tobe the lists drawn byhim for that term, and shall be sealed **UD** in senarate enveloues indorsed. "List No. bf the petit jurors drawn on the. day of (fimin 19 for the Court of - County,"

tz'blanks prm and numberinq the envelopes~consecutively from-one-up). The clerk doing the drawing shall write his name across the seals of the envelopes and deliver them to the judgewho shall inspect the envelopes to see that they are properly indorsed and shall then deliver them to the clerk or deputy, and the clerk shall then immediately file them away in some safe and secure place inhis office. Article 2098. List delivered to clerk. The judge shall deliver such envelopes to the clerk, or one of his deputies, and shall inhis discretion instruct the clerk to indorse on any of such envelopes that the jury for that week shall be suasnonedfor some other day thanMonday of saidweek, and the judge shall, at the same time, administer to the clerk and to each ofhis deputies an oath in substance as follows: You and each ofyou do solemnly swear that you will not open the jury lists now delivered toyou, nor permit them tobe opened, until the time prescribed by law, nor communicate to any one the name or names of the men appearing on any of the jury lists, that you will not, directly or indirectly, converse or communicate with any one selected as juror concerning any case pending for trial in this court as its next term. Sohelp you God. Article 2099. Cards tobe used again. When the names are drawn for jury service, the cards containing such names shall be sealed in separate envelopes, indorsed, Wards containing the names of jurors on Lost. No. of the petit jurors drawn on the 19 Court of -0%~~~ m;g i~;h:o;l%s~- erly). Ehchvelope Lhall,be retained securely by the clerk, unopened, until after the jury selected from the corresponding list has been impaneled; and after such jurors so impaneled have served four (4) ormore days, the envelope containing the cards bearing the names of the jurors on that list shall then be opened by the clerk, orhis deputy, and those cards bearing the names of persons who have not been impaneled sndwho have not served as many as four (4)

A-3days shall be immediately returned to thewheel by

the clerk, orhis deputy; and the cards bearing the names of thepersons serving asmany as four (41 days shallbe put inabox provided for that purpose for the use of the officers who shall next select the jurors for thewheel. If any of the lists drawn for a term of court are not used, the clerk orhis deputy shall open the envelopes containing the cards bearing the names on the unused lists innnediatelyafter the expiration of the term and return the cards to thewheel. Article 2100. Loss ofwheel. If thewheel containing the names of jurors be lost or destroyed, with the contents thereof, or if all the cards in saidwheel be drawn out, suchwheel shall immediately be refurnished, and cards bearing the names of jurors shall be placed therein immediately in accordance with the laws of the State. Article 2100a. Section 1.
In lieu of any other procedure now provided by law, the Commissioners Court of any county in the State, upon recommendation of the district judge or amajority of the district judges of said court, by order entered upon itsminutes, may adopt aplan for the selection ofpersons for jury service with the aid ofmechanical or electronic means. Section 2. Any such plan so adopted shall conform to the following requirements: (a) It shallbe proposed inwriting to the ConanissionersCourt by amajority of the judges of thedistrict courts in such county, including criminal district courts, at ameeting of the'district judges called for that purpose. (b) It shall specify that the sources fromwhich names are tobe taken for jurypurposes are allvoter registration lists from all precincts in the county. (c) It shall provide a fair, impartial, and objective method of selecting persons for jury service with the aid ofmechanical or electronic equipment.

A-4(d) It shall designate the clerk of the district courts as the official tobe in charge of the selection process and shall define his duties. (e) It shall specify that a true and complete written list showing the names and addresses of the persons summoned tobegin jury service on aparticular date shall be filed of record with the county clerk at least 10days prior to the date suchpersons are to begin such jury service. Section 3.
Inany county where such aplan is adopted, as above provided, the laws relating to the selection of petit juries by jurywheel shall not apply. "Article 2101. Interchangeable juries. The provisions of this article shall be applicable only to such counties of this State asmay nowmaintain three or **more** district courts, or inwhich three or more district courtsmay be hereafter established. A criminal court in any county with jurisdiction in felony cases shall be considered adistrict courtwithin the meaning of this article. The "Interchangeable Jury Law' shall not apply to a selection of jurors in lunacy cases or in capital cases. &. Jury Wheel Law governs. The provisions of the statutes governing jury wheels shall remain in full force and effect, except asmodified by the special provisions of this law. f; e~man~i~onnan~ su~~rv~ion.

,thedistrict **judges** shallmeet together and determine approxiqtely the number of jurors that are reasonably necessary for jury service in all the county courts at law, county courts and district courts of such county, for eachweek during the time said courts may hold during theyear, and shall thereupon order the drawing of such number of jurors from thewheel foreach of saidweeks, said jury tobe known as thegeneral panel of jurors for service in all such courts of such county for the respective weeks for

**A-S**which they are designated to serve. Amajority of

said district judges are authorized to act in carryingout the provisions of this law; theymay increase or diminish the number of jurors tobe selected for anyweek, and shall order said jurors drawn for as many weeks inadvance of service as they deem proper. From time to time they shall designate the judge to whom thegeneral panel shall report forduty, and said judge, for such time ashe is chosen to so act shall organize said juries and have immediate supervision and control of them. The said jurors so limited in number shall, after being regularly drawn from the wheel, be served by the sheriff to appear and report for jury service before said judge sodesignated, who shallhear the excuses of the said jury and swear them in for service for theweek that they are to serve to try all cases that **may** be submitted to them inany of said courts.
2..Used interchangeably. Said jurors, when impaneled shall constitute a general jurypanel for service as jurors in all county and district courts in said county, and shall be used interchangeably in all of said courts. In the event of adeficiency of jurors at any given time tomeet the requirement of all said courts, the judgehaving control of the said general panel shall order such additional jurors tobe drawn from thewheel asnay be sufficient tomeet the emergency, but such jurors shall act only as special jurors and shall be discharged as soon as their services are no longer needed. Resort to thewheel shall be had in all cases to fill out the general panel. 4. Provided, however, that in any county of this statehaving apopulation in excess of nine hundred thousand (900,000) according to the last preceding or any future United States Census, it shall be permissible, after having been approved by amajority of the judges for the district courts of any such county, todraw from said jurywheel two separate jurypanels for theweek; one ofwhich said jurypanels for the week shall be drawn andbe in attendance upon those criminal district courts and county courts which have a criminal docket, and the other said jurypanel for theweek shall be drawn andbe in attendance upon those courts which have a civil docket.

A-6. .

5. This Article is also applicable to a county that has two district courts and adomestic relations court. Sec. 5added byActs 1967, 60th Leg., p. 520, ch. 224, 51, eff.Aug. 28, 1967. Article 2102. Jury quarters. The Commissioners Court of each such county shall set apart for the use and

### convenienceof 

### saidgeneral panel or panels **some** room or rooms or place or places in or near to the court house, which shall be confortably furnished and fitted up 

### forthem to staywhen not required for actual jury service. Said quarters shallbe occupied by said panel orpanels when not in service and they shall remain in or conveniently near thereto so as tobe at all **times subject**  toduty in any court in accordance with the preceding Article when called for,without delaying the proceedings 

### of such court. The sheriff shall assign one ofhis deputies to look after saidpanel, call **them** when needed by the judges, provide for theirwants and tohave general custody and control of them when not in actual service. Article 2103. Reducing number ingeneral panel. When itbecomes necessary todiminish the general panel for theweek of its selection on account of lack ofwork in any court or for any other cause, the judge having supervision of said jury for theweek shall designate the number to remain. He shall cause the clerk todraw from the names of the general panel the number required, and those jurors whose names are so drawn shall continue in service for the remainder of the week and the others excused. Article 2103a. County Judges and Judges of County Eourts-at-Law in certain counties: drawing additional **jurors.** In all counties having 

### twoor

### more County 

### Courts-atLaw,when apanel of jurors shall not have been 

### drawn by one of the district judges as directed by Article 2101, orwhen thenumber of jurors drawn shall be deemed insufficient by the county judge or either of,the judges of the County Courts-at-Law, the county judge or judge of either County Court-at-Law may order the drawing of such additional jurors from the jurywheel for service in any of such courts for so long 

### aperiod of time as

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the trials in such courts **nay** reasonably require. Such jurorswhen drawn shall be available for service in either of such courts. All of the provisions of law now otherwise governing thedrawing of jurors in the courts in such counties by the district judge shall govern so far as applicable, **except** asherein otherwise expressly provided. The county judge and the judge of any of the County Courts-at-Law shall concurrently have the same authority with respect to determining and remedying adeficiency in the number of jurors as isnot conferred on the judgehaving control of thegeneral jurypanel by Section 3,Article 2101, Revised Civil Statutes of Texas, 1925, as amended Article 2116d. Notification by the sheriff. The sheriff shall notify the several persons named for jury service bymailing notice thereof, which notice shall include the **time** and place atwhich said juror is to report to the juror at the address shown by the card placed in the jurywheel, or the address shown by the lastvoter registration list in said county, and if said letter be received by **some** person authorized by theUnited States **mail** to receive said letter, said service shall be sufficient. Article 2117. Summoning jurors.
At any **time** when the Judge of the County or District Court needs a jury for any particular week 

### of such Court, he shall notify the Clerk of such Court to open the next consecutive unopened list 

### of jurors in his possession, and shall direct him as to the date for which such jurors shall be summonsed. Such notice shall be given to the Clerk within a reasonable time prior to the timewhen such jurors are tobe sununonsed. The Clerk shall innnediatelynote on the list the date for which the jurors are tobe summonsed, and deliver said list to the sheriff. On receipt of such list, the sheriff shall immediately notify the several persons named therein tobe in attendance on Court on the date sodesignated by the Judge. Article 2118. On any daywhen a juryhas been suaunonedand there are jury trials, the court shall select 

### a sufficient number of qualified jurors, inhis discretion, to serve as jurors. Such jurors shall be selected from the names included in the jury lists, if there be the requisite

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number of such in attendance who are not excused by the court, but if such number be not in attendance at any **time,** the court shall direct the sheriff to summon a sufficient number of qualified persons tomake up the requisite number of jurorswhich is tobe drawn from the jurywheel for jury trials in the district and county courts, under order of the court, to fill the panel. The names of such jurors tobe summoned by the sheriff shall be drawn from the jurywheel asherein provided. All said extra jurors summoned shall be discharged when their **services** are no longer needed. The courtmay adjourn thewhole number of jurors or any part thereof, to any subsequent day of the term, but the jurors shall notbe paid for the tine theymay stand adjourned. Article 2120. The courtmay hear any reasonable sworn excuse of a juror, andmay release him entirely or until some other day of the term: provided, however, the court shall not excuse any juror for economic reasons unless all parties of record are present and approve such excuse. Article 2121. Defaulting juror. Any defaulting juror lawfully notified who without reasonable excuse fails tobe in attendance on the court inobedience to such notice shall be fined not less than ten normore than one hundred dollars. Article 2122. Pay of jurors. (a) Each juror in adistrict or county court or county court at law isentitled to receive not less than $4nor **more** than $10 foreach day or fraction of aday thathe attends court as a juror. The commissioners court of each county shall determine annually, within theminimum andmaximum prescribed in this subsection, the amount of per diem for jurors, which shall be paid out of the jury fund of the county. Aperson who responds to the process of a court, but who is excused from jury service by the court for any cause after being tested onvoir dire, is entitled to receive not less than $4normore than $5 foreach day or fraction 

### of aday that he attends court in response to suchprocess.

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(b) A check drawn on the jury fundby the clerk of thedistrict court of a countymay be transferred by endorsement and delivery and is **receivable at**  par from the holder for all county taxes. Article 2123. Right to jury. The right to trial by jury shall remain involate, subject to the following rules and regulations. Article 2133. Qualifications. All persons both male and female over twenty-one (21) years of age are competent jurors, unless disqualiifed under some provision of this chapter. No person shall be qualified to serve as a jurorwho does not possess the following qualifications: 1. Hemust be a citizen of the State and of the county inwhich he is to serve and qualified under the Constitution and laws tovote in said county. 2. Hemust be of soundmind and goodmoral character. 3. Nemust be able to read andwrite, except as otherwise provided herein. 4. Hemust not have served as a juror for six (6) days during the preceding six (6)months in the District Court, or during the preceding three (3)months in the County Court. 5. Hemust not have been convicted of felony. 6. Hemust not be under indictment or other legal accusation of theft or of any felony. Whenever it shall bemade to appear to the court that the requisite number of jurors able to read and write cannot be foundwithin the county, the courtmay dispense with the exception provided for in the third subdivision; and the courtmay in likemanner dispense with the exception provided for in the fourth subdivision, when the county is so sparsely populated as tomake its enforcement seriously inconvenient. Where theword "he" isused in this Section it shall be used,in the generic term so as to include bothmale and female persons.

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Article 2134, Disqualification. The following persons shall be disqualified to serve as jurors in anyparticular case: 1. Any witness in the case. 2. Any person interested, directly or indirectly, in the subjectmatter of the suit. 3. Any person related by consanguinity or affinity within the third degree to either of the parties to the suit. 4. Any person who has abias orprejudice in favor of or against either of the parties. 5. Any person who has sat as a petit juror in a 

### formertrial of the same, or of another case, involving the same questions of fact. Article 2135. Jury Service. All competent jurors are liable to jury service, except the following persons: 1. All persons over sixty-five (65)years of age.
2. All females who have legal custody of a child or children under the age of ten (10)years. Article 2137. Filing of exemptions. Section 1. All persons summoned as jurors in any court of this State, who are exempt by statutory law 

### from jury service,

### may, if they sodesire to claim their exemptions, make oath before any officer authorized by law to administer oaths, orbefore the officers summoning such persons, stating their exemptions, and file said affidavit at any time before the convening of said court with the clerk of said court, which shall constitute sufficient excuse without appearing in person. Section 2. Any person wishing to claim any statutory 

### exemptionunder Article 2135 in counties employing the jurywheel system

### may do soby filing a sworn statement stating the nature 

### of and 

### claiming

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.

such exemption with the sheriff, the tax assessorcollector, or the district or county clerk of the county of his residence, inwhich event no card for suchperson shall be placed in the jurywheel for the ensuing year. NEW SECTIONS Section 13. After proper alignment of parties, it shall be the duty of the court to equalize the number ofperemptory challenges provided under Rule 233, Texas Rules of Civil Procedure, Annotated, in accordance with the ends of justice so that no party isgiven an unequal advantage because of thenumber of peremptory challenges allowed that party. Section 14. Once aprospective juror has been removed from a jurypanel for cause, by peremptory challenge, or for any reason, he shall be immediately dismissed from jury service and shall not be placed on another jury panel until his name is returned to the jurywheel and drawn again as aprospective juror. Section 17. For all counties under 10,000 population not presently using the jurywheel system for selection of jurors, thedistrict judge of the county or of the judicial district ofwhich the county is a part, may determine whether the county should come under the provisions of this law ormay choose to adopt the jury commissioners system for selection of jurors in that county. If the district judge should determine to adopt the jury commissioners system for selection of jurors in aparticular county, hemust do soby July 15, 1971, otherwise, the county will come under the provisions of thisAct. If, pursuant to the passage of thisAct, this section isheld tobe unconstitutional by a court of this State or of theUnited States, then the jurywheel system for selection of jurors as provided by thisAct shall be applicable to all counties of the State. CONSTITUTIONAL PROVISIONS Article 3, Section 35. No bill, (exceptgeneral appropriation bill hichmay embrace thevarious subjects and accou%sr for and on account ofwhich moneys are appropriated) shall contain more than one

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subject, which shall be expressed in its title. But ifany subject shall be embraced inan act,which shall not be expressed in the title, such act shall be void only as to somuch thereof, as shall not be so expressed. Article 3, Section 36. No law shall be revived or amended by reference to its title; but in such case the act revived, or the section or sections amended, shall be re-enacted and published at length.

CODE OF CRIMINAL PROCEDURE PROVISIONS Article 35.10 Court to try qualifications. When no challenge to the array has beenmade, or if made, has been over-ruled, the court shall proceed to try the qualifications of those present who have been summoned to serve as jurors. Article 35.12 Mode of testing.
In testing the qualification of a prospective juror after hehas been sworn, he shall be asked by the court, or under its direction: 1. Except forpayment of poll tax or registration, areyou a qualified voter in this county and state under the Constitution and laws of this state? 2. Have you ever been convicted of theft or any felony? 3. Are you under indictment or legal accusation for theft or any felony? Article 35.16 Reasons for challenge for cause. (a) A challenge for cause is an objection made to a particular juror, alleging some factwhich renders him incapable or unfit to serve **on** the jury. A challenge for causemay bemade by either the state or the defense forany one of the following reasons: 1. That he isnot a qualified voter in the state and county under the Constituion and laws of the statei provided, however, the failure topay apoll tax or register tovote shall not be adisqualification;
2. .Thathehas been convicted of theft or any felony:

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3. That he isunder indictment 

### orotherlegalaccusation for theft or any felony: 4. That he is insane or has such defect in the organs of seeing, feeling or hearing, or such bodily or mental defect or disease 

### asto render him unfit for jury service: 5. That he is awitness in the case: 6. That he served on the grand jurywhich found the indictment: 7. That he served on apetit jury in a former trial of the same case: 8. That hehas abias or prejudice in favor of or against thedefendant; 9. That fromhearsay, or otherwise, there isestablished in themind of the juror such a conclusion as to theguilt 

### or innocence of thedefendant aswould influence him inhis action in finding averdict. To ascertain whether this cause of challenge exists, the juror shall firstbe asked whether, inhis opinion, the conclusion so established will influence his verdict. Ifhe answers in the affirmative, he shall be discharged without further interrogation by either party or the court. Ifhe 

### answersin the negative, he shall be 

### further examined as tohow his conclusion was formed, and the extent towhich itwill affect his action; and, if it appears tohave been formed **from** reading newspaper accounts, communications, statements or reports ormere rumor orhearsay, and if the juror states that he feels able,notwithstanding such opinion, to render an impartial verdict upon the law and the evidence, the court, if satisfied that he is impartial andwill render suchverdict, may, in itsdiscretion, admit him as competent to serve in such case. If the court, in itsdiscretion, isnot satisfied that he is impartial, the juror shall be discharged; 10. That he cannot read orwrite.
No juror shall be impaneled when it appears that he is subject to 

### thesecond, third or fourth grounds of 

### challengefor cause set forth above, although both partiesmay 

### consent. Allothergroundsforchallengemay bewaived by the party or parties inwhose favor such grounds of challenge exist.



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