July 20, 1971 

Honorable Tom Hanna Opinion No. M-911 

Criminal District Attorney 

Jefferson County Courthouse Re: Juries and jury wheels 

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 

Hous ton, 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 and which 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 by Article 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 7 of Vernon's Annotated 

Civil Statutes titled "The Jury", after thefapplication of S.B. 

369 however this appendix is only intended to be used in connection with this opinion' and does not purport to take into 

account any other bills that may have been passed by the 62nd 

Legislature and which may not have been called to the attention 

-4429- 
Honorable Tom Hanna, et al, Page 2 (M-911) 

of the compiler. The provisions of Article 3, Sections 35 and 

36 of the Texas Constitution and Articles 35.10 and 35.12 and 

35.16 of the Texas Code of Criminal Procedure are also carried 

at the end of the Appendix. Reference to "Art. lr shall refer 

to the Article by number as it appears in the Appendix. Reference to preexisting law shall~ be by "old Art. ". Reference to the three unnumbered statutes on page A-13 of the 

Appendix shall be "new Sec. ". Reference to sections of 

S.B. 369 shall be "Sec. -7 

Restated, your questions are as follows: 

1. Is the caption (title) of S.B. 369 sufficiently broad 

to cover Sec. 4 thereof as required by Article 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 36 of 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. 3,69 sufficiently,broad 

to cover Sec. 12 thereof as required by Article 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 by Article 3, Section 35 

of the Texas Constitution? 

5. Does S.B. 369 make persons 18, 19 or 20 years of age 

who are listed on the voter registration rolls eligible for 

jury duty7 

6. Does Art. 2094 require that a jury wheel contain all 

names on the voter registration list (including those less than 

21 years of age)? 

7. Does Art. 2094 require that the wheel contain all 

names of persons "eligible to vote" or only those currently 

registered7 

8. May a juror be returned to the general panel for the 

week after he has been struck from a panel in one court? 

-4430- 
. 

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

9. Is there an irreconciliable conflict between Arts. 

2134 and 2135 and Articles 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 4 of Art. 2101 affect the answer to 

the preceding question insofar as affected counties are concerned? 

11. What do the terms "economic reasons" and "parties 

of record" mean as'they are used in Art. 21207 

12. Must a county choosing to use electronic means 

in lieu of the jury wheel follow the complete procedure 

outlined in Art. 2100a? 

13. Where a county proceeds under Art. 2100a and 

uses electronic means for picking a panel in what way would 

Sec. 14 be applicable? 

We will undertake to answer these questions in the order 

stated in numbered sections without formal restatement. 

First let it be stated that from.an examination of 

S.B. 369 we conclude that the bill contains only one subject (formation of juries) and it therefore meets the "single 

subject" requirement of Article 3, Section 35, Texas Constitution. Our discussion in this and the next three sections 

will be concerned with whether or not the subject matter embraced in the,Act was expressed in the title plus the applicability of Article 3, Section 36, Texas Constitution, in this 

first section. 

With respect to Sec. 4, the title to S.B. 369 provides in 

pertinent part "An Act . . . providing for certain procedures 

relating to the use of the jury wheel and selection of juries, 

amending Article(s) . I . 2101, Revised Civil Statutes of Texas, 

1925, as amended, . . ." 

Sec. 4 in the body of S.B. 369 commences "Subsections 

1 and 3, Article 2101, Revised Civil Statutes of Texas, 1925, 

-4431- 
Honorable Tom Hanna, et al, Page 4 (M-911) 

as amended, are amended to read as follows: . . ." etc. 

We feel that the following language in Cernoch v. Colorado 

County, 48 S.W.2d 470 (Tex.Civ.App. 1932, no writ) is dispositive of questions raised under Article 3, Section 35, Texas 

Constitution: 

"In order to determine whether or not either 

of these acts is violative of article 3, 535, 

of the Constitution, it must be remembered that 

it has been many times held by the appellate 

courts that a reference to an article in a Code, 

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 therefor being that the naming of the article or law 

to be amended directs the attention of the leqislators to all of the provisions therein, as 

the subject of the amending act, and that such 

provisions can be ascertained by reading the 

articles to be amended. The following authorities are cited in support thereof: English & 

Scottish-American Mortgage & Inv. Co. v. Hardy, 

93 Tex. 289, 55 S.W. 169, 171; Gunter v. Mortgage Co., 82 Tex. 496, 17 S.W. 840; State v. 

McCracken, 42 Tex. 384; State v. Larkin, 41.Tex. 

Civ. App. 253, 90 S.W. 912; Womack v. Gardner, 

10 Tex. Civ. App. 367, 30 S.W. 589, affirmed (Tex. 

Sup.) 31 S.W. 358; Nichols v. State, 32 Tex. Cr. 

R. 391, 23 S.W. 680. 

"In connection with the above, we quote the 

following from the case of Womack v. Gardner, 

10 Tex. Civ. App. 367, 30 S.W. 589, 591, to-wit: 

'The "Revised Statutes" of this state is a body 

of civil statutes passed by the legislature, 

known and designated as the "Revised Statutes" 

(Rev. St. final tit. S2). They are divided into titles, chapters, and articles, by which 

each enactment may be easily found and identified. We think that when they are so designated 

in the title of an act amendatory of them they 

-4432- 
Honorable Tom Hanna, et al, Page 5 (M-911) 

are sufficiently identified, and such identification is a compliance with section 35, art. 

3, of the constitution, and we think that this 

is ,the holding of the supreme court of the state 

inthe Gunter case, above cited. We therefore 

conclude that the act of 1883 was not unconstitutional, upon the ground that it was violative of the provision of the constitution."' 

(Emphasis added). 

Next, we take up whether all of Art. 2101 must be,republished to give vitality to Sec. 4. 

In Quinlan v. Houston and T. C. Rwy. Co., 89 Tex. 356, 

34 S.W. 738 (Tex.Sup.Ct., 1896), Chief Justice Gaines discussed 

Article 7, S~ection 25 of the 1845 Texas Constitution (now Article 

3, Section 36, Texas Constitution) and set the rule of construction as follows (at pps. 7110-741): 

"In the absence of some constitutional restriction of like effect to that of section 

25 of article 7 of the constitution of 1845, 

.it was the usual 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, in place of certain 

language, certain other language should be subsituted. Such an amendment frequently presented a problem in construction that it was 

difficult for the average mind to solve. This 

practice afforded a means of imposing upon 

unwary members ,of the legislative bodies, 

and of procuring the passage 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 is desirable in all written laws. These were 

the evils which it was the purpose 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 

-4433- 
Honorable Tom Hanna, et al, Page 6 (M-911) 

have been,held applicable to such statutes 

only as come within 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 the particular inhibition under 

consideration, would work great, if not 

intolerable, inconvenience, and would render 

the statutes unnecessarily volunimonus. . . 

The practice of making the provisions of one 

statute applicable to another by a reference 

to the former law fin the new act is of frequent occurrence in legislation, both in 

England and in this country, and such legislation hasbeen uniformly recognized as valid, 

so far as we 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 to be that 

since the caption of the act in question does 

not refer to the former act amending Section 

16 of Chapter 42, it was void in that the Legislature acted contrary to Section 36 of' Article 3 of the Constitution, Vernon's Ann.St., 

which reads as follows: '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."' 

* * * 

"The object of the constitutional requirement is to give notice to the members of the 

Legislature of the subject to be affected by 

the propo.sed act. It appears to us that the 

Legislature had sufficient notice from the 

caption, 'da well as the body, of the substance of the law sought to be amended, without designating in the caption the specific 

-4434- 
honorable Tom Hanna, et al, Page 7 (M-911) 

sections to be affected by the amendment." 

* * * 

"We are of the opinion that under the constitutional provisions above mentioned, the 

Legislature may amend any section or sections 

of a law or may amend the entire law as it 

sees fit. 

"In our opinion, the recitals in the caption of the bill are sufficient, without 

specifically enumerating therein each section, to direct the attention of the members 

of the Legislature to the subject of the act 

to be amended. When this object has been 

attained then it would seem that the constitutional requirement has been complied with." 

That the Legislature knew what the amendment in question 

would accomplish is borne out by an examination of the relationship of Sec. 4 with the remainder of S.B. 369. Sec. 4 

only changes Subsection 1 by removing two "formal" phrases 

for clarification. The principle change is in Subsection 3 

where the proviso authorizing the sheriff to summons "talesmen" is removed. That this was intended is buttressed by the 

fact that S.B. 369 specifically repeals Article 2119, Texas 

Civil Statutes, which covers the Sheriff's oath for summonsing 

talesmen and also Article 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 

of Art. 2101 and that the enacting clause in Sec. 4 is 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. 369 provide* 

in pertinent part "An Act . . . providing that a court may 

not excuse a juror for economic reasons, amending Article 

-4435- 
Honorable Tom Hanna, et al, Page 8 (M-911) 

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 new Art. 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 is part of a single subject matter of which the Legislature'was appropriately apprised and that the language of Sec. 10 does not exceed 

the subject set forth in that title. It is our opinion that 

Sec. 10 is constitutional in this respect. 

III. 

With respect to Sec.'12 the title to S.B. 369 provides 

in pertinent part "An Act . . . 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. 369 provides' 

in pertinent part "An Act . . . relating to removal from the 

jury panel; . . .' 

Sec. 14 commences "Once a prospective juror has been removed from a jury panel . . ." etc. 

Sec. 14 is a new law and appears to be a proper part of 

the single subject contained in both 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 

-4436- 
Honorable Tom Hanna, et al, Page 9 (M-911) 

Art. 2133, it did not amend that portion of Art. 2133,stating 

"All persons . . . over twenty-one (21) years of ages are competent jurors . . .II 

Amendment XXVI to the Constitution of the United 

States concerns only the age for voting 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 of what other qualifications they may 

possess. 

VI. 

Art. 2094 provides that the entire voter registration 

list for the county shall be the ". . . sole and mandatory 

source. . .'I (emphasis added) for filling the jury wheel. 

A-095 gives instructions to "typists" in counties having 

a population of 140,000 or more to ". . .type the names and 

addresses of ualified jurors upon the cards. . ." (emphasis 

added). Sinc%iFdF isqualification (age) appears right on 

the voter registration list it is obvious that under-age 

persons need not be included in these more populous counties. 

It is obvious that to require the counties having a 

.populat.ion of less than 140,000 to include ineligible names 

in their jury wheels would be a useless thing. And one of 

the basic rules of statutory construction is that we presume 

that the Legislature did not intend to require the doing of 

a meaningless act. We therefore look to the entire enactment 

to seek a harmonious and constructive interpretation. 

In this view we note that although Art. 2095 starts off 

by saying "Said officers shall write the names of all persons 

on said precinct lists . . ." it goes on to say: ". . .writing . . 

*,,ed . . 

.the post office address of each juror so select- 

.", thus indicating the legislative intent that "all 

persons" shall mean "jurors". 

It is the opinion of this office that Art. 2094 makes 

the voter registration list a source and that because of 

the wording of Art. 2095 (and other 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 

those whose ineligibility (age) appears affirmatively on the 

face of the voter registration list. 

VII. 

Under Texas law only those who have registered to vote 

(or are automatically registered by operation of law) are 

eligible to vote. Even if there be unregistered persons 

eligible to vote (by reason of birthday, foreign service, 

etc.) Art. 2094 uses the words "sole" and "mandatory" it would 

seam that the basic rule of "de minimus non curat lex" would 

eliminate any problem with the miniscule number of eligible 

non-registered voters. 

It is the opinion of this office that the jury wheel 

must be filled from the current voter registration list as 

it exists on August 1 of each year. 

VIII. 

New Sec. 14 contains no language restricting its provisions to any existing Article or Subdivision of the Revised 

Civil Statutes of Texas. We must therefore treat it as a new 

statute applicable to all jury service in all courts. 

.It is the opinion of this office that when a juro,r is~ 

successfully challenged for cause, peremptorily challenged 

(or struck) or otherwise dismissed from a panel (as by agreement, etc.) such juror shall be dismissed from further jury 

service at that time and his name returned to the jury wheel. 

IX. 

This office perceives no conflict between Arts. 2134 

and 2135 and Arts. 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. 

-4438- 
Honorable Tom Hanna, et al, Page 11 (M-911) 

Art. 2134 concerns interest or bias towards a single case 

and applies to both 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 of Arts. 2134 and 2135. 

X. 

Subsection 4 of Art. 2101 has 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 that have 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 1 of Article 2100a authorizes the Commissioners 

Court of certain counties to adopt the use of electronic means 

only upon recommendation from the district judge (or judges). 

Section 2 requires that the plan adopted shall be one submitted in writing by the district judge(s) and no authorization appears to amend such plan. 

Section 2(b) of Art. 2100a makes the voter registration list the sole sauce of names for the computer. Since 

present computer plans permit names from the property list, 

some of which are not on the voter list, the plan must be 

drawn to conform to the new statute. 

It is the opinion of this office that counties exercising 

the option to use electronic means as provided in Art. 2100a 

-4439- 
Honorable Tom Hanna, et al, Page 12 (M-911) 

must follow the entire procedure outlined in said Ar~ticle by 

submission of a new recommendation and plan from the district 

judge(s) and the adoption of same by the Commissioners Court 

so as to conform to the new requirements,,of S.B. 369. 

XIII. 

We are unable to perceive any exemption from the provisions of Sec. 14 in counties choosing to use electronic 

means under Art. 2100a. ,In these counties, jurors once 

removed from a panel must still be excused from further current service. The provisions of Section 3 of Art. 2100a 

would exempt such counties from that portion of Sec. 14 which 

says "returned to the jury wheel", since such county has no 

jury wheel. Such juror's dismissal would still be effective 

until he is "drawn again as a prospective juror". 

It is the opinion of this office that in counties choosing jury panels by electronic means a juror must be dismissed 

from further current service when he isdismissed from a panel 

and he may 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 of Art. 3, Sec. 36, 

Texas Constitution. 

Persons under 21 years of age may not serve 

on juries and their names need not be placed in 

the jury wheel. All other names on the current 

voter registrations list as of August 1st each~ year 

must be placed in'the jury wheel 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 

the wheel and drawn again. 

There is no conflict between Arts. 2134 

and 2135, Texas Civil Statutes and Arts. 

-4440- 
Honorable Tom Hanna, et al, Page 13 (M-911) 

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" as used in Article 2120 are addressed to the discretion of the trial court. 

Counties choosing electronic means under 

Art. 2100a must have a new recommendation and 

plan submitted by the District Judge(s) and 

ordered by the Commissioners Court to comply 

with S. B. 369. Such counties are not exempt 

from the mandatory dismissal provisions of Sec. 

14 of 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 of August of each 

year, in each county in this State, the tax collector, 

sheriff, county clerk, and district clerk of the county, 

each in person or represented by one of his deputies, 

shall meet at the county courthouse and reconstitute the 

jury wheel, using as the sole and mandatory source, all 

names on the voter registration lists from all precincts 

in the county. 

Article 2095. Cards put in wheel: typists and expenses. 

Said officers shall write the names of all persons on 

said precinct lists, residing in their respective counties, 

on separate cards of uniform size and color, writing also 

on said cards, whenever possible, the post-office address 

of each juror so selected, except that in counties having 

a population 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 as herein described. The expenses so incurred shall 

be authorized, reported, paid and accounted for under the 

sane laws, rules and regulations as govern the payment 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 jury wheel, to be provided for such purpose 

by the Commissioners Court of the county. Said wheel 

shall be contructed of any durable material and shall 

be so constructed as to freely revolve on its axle; and 

may be equipped with a motor capable of revolving said 

wheel in such a manner as to thoroughly mix said cards: 

and shall be kept locked at all times, except when in use 

as hereinafter provided, by the use of two separate locks, 

so arranged that the key to one will not open the other 

lock; and said wheel, and the clasps thereto attached 

into which the locks shall be fitted, shall be so arranged 

that the wheel cannot be opened unless both of said locks 

are unlocked at the tine the wheel is opened. The keys 

to such locks shall be kept, one by the sheriff and the 

other by the district clerk. The sheriff and the clerk 

shall not open such wheel, nor permit the same to be 

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 such wheel, when not in 

use, in a safe and secure place, where the same cannot 

be tampered with. 

Article 2096. 

(a) Not less than 10 days prior to the first day 

of a term of court, the district clerk or one of his 

deputies, and the sheriff, or one of his deputies, in 

the presence and under the direction of the district 

judge, if the jurors are to be 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 the presence and under the direction of the county 

judge , if the jurors are to be drawn for the county 

court, shall draw from the wheel 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 

so directed to compose as many lists as the term of 

the district or county courts nay require, and shall 

record the names upon as many 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 

to be present, except as hereinafter provided. The 

officers attending such drawing shall not divulge the 

names of any person that may be drawn as a juror to any 

person. If at any time during the term it appears that 

the lists already drawn will be exhausted before the 

expiration of the term, additional jurors as are needed 

may be drawn in the same manner. 

(b) Drawing of names observed. - 

Upon the application in writing of any party to 

any suit pending upon the docket of a court for which 

a jury is required, said party, or his duly authorized 

representative, shall have the right to be present and 

observe the drawing of names from the jury wheel and 

the placement thereof upon the jury lists for the tine 

period in which his case is set, provided, however, 

that the identity of the names so drawn and placed 

upon the lists at such time shall not be made known 

to such observer. 

Article 2097. List certified. 

The several lists of names so drawn shall be 

certified under the hand of the clerk or the deputy 

doing the drawing, and the district or county judge 

A-2 
in whose presence the names were drawn from the wheel, 

to be the lists drawn by him 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 judge who 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 in his office. 

Article 2098. List delivered to clerk. 

The judge shall deliver such envelopes to the clerk, 

or one of his deputies, and shall in his discretion instruct the clerk to indorse on any of such envelopes 

that the jury for that week shall be suasnoned for 

some other day than Monday of said week, and the judge 

shall, at the same time, administer to the clerk and 

to each of his deputies an oath in substance as follows: You and each of you do solemnly swear that you 

will not open the jury lists now delivered to you, nor 

permit them to be 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. So help you God. 

Article 2099. Cards to be 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) 

or more days, the envelope containing the cards bearing the names of the jurors on that list shall then 

be opened by the clerk, or his deputy, and those 

cards bearing the names of persons who have not been 

impaneled snd who have not served as many as four (4) 

A-3 
days shall be immediately returned to the wheel by 

the clerk, or his deputy; and the cards bearing the 

names of the persons serving as many as four (41 

days shall be put in a box provided for that purpose for the use of the officers who shall next 

select the jurors for the wheel. If any of the 

lists drawn for a term of court are not used, the 

clerk or his deputy shall open the envelopes containing the cards bearing the names on the unused 

lists innnediately after the expiration of the term 

and return the cards to the wheel. 

Article 2100. Loss of wheel. 

If the wheel containing the names of jurors be 

lost or destroyed, with the contents thereof, or if 

all the cards in said wheel be drawn out, such wheel 

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 a majority of 

the district judges of said court, by order entered 

upon its minutes, may adopt a plan for the selection 

of persons for jury service with the aid of mechanical 

or electronic means. 

Section 2. 

Any such plan so adopted shall conform to the 

following requirements: 

(a) It shall be proposed in writing to the 

Conanissioners Court by a majority of the judges of 

the district courts in such county, including criminal 

district courts, at a meeting of the'district judges 

called for that purpose. 

(b) It shall specify that the sources from which 

names are to be taken for jury purposes are all voter 

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 of mechanical or electronic equipment. 

A-4 
(d) It shall designate the clerk of the district 

courts as the official to be 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 to begin jury service on a particular 

date shall be filed of record with the county clerk at 

least 10 days prior to the date such persons are to 

begin such jury service. 

Section 3. 

In any county where such a plan is adopted, as 

above provided, the laws relating to the selection of 

petit juries by jury wheel shall not apply. 

"Article 2101. Interchangeable juries. 

The provisions of this article shall be applicable 

only to such counties of this State as may now maintain 

three or more district courts, or in which three or 

more district courts may be hereafter established. A 

criminal court in any county with jurisdiction in felony 

cases shall be considered a district court within 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 

as modified by the special provisions of this law. 

f; e~man~i~onnan~ su~~rv~ion. 

, the district 

judges shall meet 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 each week during the time said courts 

may hold during the year, and shall thereupon order 

the drawing of such number of jurors from the wheel 

for each of said weeks, said jury to be known as 

the general 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. A majority of 

said district judges are authorized to act in carrying out the provisions of this law; they may increase 

or diminish the number of jurors to be selected for 

any week, and shall order said jurors drawn for as 

many weeks in advance of service as they deem proper. 

From time to time they shall designate the judge to 

whom the general panel shall report for duty, and said 

judge, for such time as he 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 so designated, who 

shall hear the excuses of the said jury and swear them 

in for service for the week that they are to serve to 

try all cases that may be submitted to them in any of 

said courts. 

2.. Used interchangeably. 

Said jurors, when impaneled shall constitute a 

general jury panel 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 

a deficiency of jurors at any given time to meet the 

requirement of all said courts, the judge having control of the said general panel shall order such additional jurors to be drawn from the wheel as nay be 

sufficient to meet 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 the wheel shall be had in all cases to fill out the 

general panel. 

4. Provided, however, that in any county of this 

state having a population 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 a majority of 

the judges for the district courts of any such county, 

to draw from said jury wheel two separate jury panels 

for the week; one of which said jury panels for the 

week shall be drawn and be in attendance upon those 

criminal district courts and county courts which have 

a criminal docket, and the other said jury panel for 

the week shall be drawn and be 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 a domestic relations 

court. Sec. 5 added by Acts 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 convenience of said general 

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 for them to stay when not required for actual jury service. Said quarters shall be 

occupied by said panel or panels when not in service 

and they shall remain in or conveniently near thereto 

so as to be at all times subject to duty in any court 

in accordance with the preceding Article when called 

for, without delaying the proceedings of such court. 

The sheriff shall assign one of his deputies to look 

after said panel, call them when needed by the judges, 

provide for their wants and to have general custody 

and control of them when not in actual service. 

Article 2103. Reducing number in general panel. 

When it becomes necessary to diminish the general 

panel for the week of its selection on account of lack 

of work in any court or for any other cause, the judge 

having supervision of said jury for the week shall 

designate the number to remain. He shall cause the 

clerk to draw 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 two or more County Courts-atLaw, when a panel of jurors shall not have been drawn 

by one of the district judges as directed by Article 

2101, or when the number 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 jury wheel for service 

in any of such courts for so long a period of time as 

A-l 
. . 

the trials in such courts nay reasonably require. Such 

jurors when drawn shall be available for service in 

either of such courts. All of the provisions of law 

now otherwise governing the drawing of jurors in the 

courts in such counties by the district judge shall 

govern so far as applicable, except as herein 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 a deficiency in the number of 

jurors as is not conferred on the judge having control 

of the general jury panel 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 by mailing notice thereof, which notice 

shall include the time and place at which said juror 

is to report to the juror at the address shown by the 

card placed in the jury wheel, or the address shown 

by the last voter registration list in said county, 

and if said letter be received by some person authorized 

by the United 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 time when such jurors are to be sununonsed. The 

Clerk shall innnediately note on the list the date for 

which the jurors are to be summonsed, and deliver said 

list to the sheriff. On receipt of such list, the 

sheriff shall immediately notify the several persons 

named therein to be in attendance on Court on the date 

so designated by the Judge. 

Article 2118. 

On any day when a jury has been suaunoned and there 

are jury trials, the court shall select a sufficient 

number of qualified jurors, in his discretion, to serve 

as jurors. Such jurors shall be selected from the names 

included in the jury lists, if there be the requisite 

A-8 
. . 

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 to make up the 

requisite number of jurors which is to be drawn from 

the jury wheel for jury trials in the district and 

county courts, under order of the court, to fill the 

panel. The names of such jurors to be summoned by 

the sheriff shall be drawn from the jury wheel as herein 

provided. All said extra jurors summoned shall be discharged when their services are no longer needed. The 

court may adjourn the whole number of jurors or any 

part thereof, to any subsequent day of the term, but 

the jurors shall not be paid for the tine they may 

stand adjourned. 

Article 2120. 

The court may hear any reasonable sworn excuse of 

a juror, and may 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 to be in attendance on 

the court in obedience to such notice shall be fined 

not less than ten nor more than one hundred dollars. 

Article 2122. Pay of jurors. 

(a) Each juror in a district or county court or 

county court at law is entitled to receive not less 

than $4 nor more than $10 for each day or fraction of 

a day that he attends court as a juror. The commissioners court of each county shall determine annually, within 

the minimum and maximum prescribed in this subsection, 

the amount of per diem for jurors, which shall be paid 

out of the jury fund of the county. A person who responds to the process of a court, but who is excused 

from jury service by the court for any cause after being 

tested on voir dire, is entitled to receive not less 

than $4 nor more than $5 for each day or fraction of 

a day that he attends court in response to such process. 

A-9 
. 

(b) A check drawn on the jury fund by the clerk of 

the district court of a county may 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 juror who does not possess 

the following qualifications: 

1. He 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. 

2. He must be of sound mind and good moral character. 

3. Ne must be able to read and write, except as 

otherwise provided herein. 

4. He must 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. He must not have been convicted of felony. 

6. He must not be under indictment or other legal 

accusation of theft or of any felony. 

Whenever it shall be made to appear to the court 

that the requisite number of jurors able to read and 

write cannot be found within the county, the court may 

dispense with the exception provided for in the third 

subdivision; and the court may in like manner dispense 

with the exception provided for in the fourth subdivision, 

when the county is so sparsely populated as to make its 

enforcement seriously inconvenient. 

Where the word "he" is used in this Section it shall 

be used,in the generic term so as to include both male 

and female persons. 

A-10 
. . 

Article 2134, Disqualification. 

The following persons shall be disqualified to 

serve as jurors in any particular case: 

1. Any witness in the case. 

2. Any person interested, directly or indirectly, 

in the subject matter 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 a bias or prejudice in favor 

of or against either of the parties. 

5. Any person who has sat as a petit juror in a 

former trial 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 so desire to claim their 

exemptions, make oath before any officer authorized by 

law to administer oaths, or before 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 exemption under Article 2135 in counties 

employing the jury wheel system may do so by filing 

a sworn statement stating the nature of and claiming 

A-11 
” . 

such exemption with the sheriff, the tax assessorcollector, or the district or county clerk of the 

county of his residence, in which event no card for 

such person shall be placed in the jury wheel 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 of peremptory challenges provided under Rule 233, 

Texas Rules of Civil Procedure, Annotated, in accordance 

with the ends of justice so that no party is given an 

unequal advantage because of the number of peremptory 

challenges allowed that party. 

Section 14. Once a prospective juror has been 

removed from a jury panel 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 

jury wheel and drawn again as a prospective juror. 

Section 17. For all counties under 10,000 population not presently using the jury wheel system for 

selection of jurors, the district judge of the county 

or of the judicial district of which the county is a 

part, may determine whether the county should come under 

the provisions of this law or may 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 a particular county, he must do so by July 

15, 1971, otherwise, the county will come under the 

provisions of this Act. If, pursuant to the passage 

of this Act, this section is held to be unconstitutional by a court of this State or of the United States, 

then the jury wheel system for selection of jurors as 

provided by this Act shall be applicable to all counties 

of the State. 

CONSTITUTIONAL PROVISIONS 

Article 3, Section 35. No bill, (except general 

appropriation bill hich may embrace the various 

subjects and accou%sr for and on account of which 

moneys are appropriated) shall contain more than one 

A-12 
. . 

subject, which shall be expressed in its title. But 

if any subject shall be embraced in an act, which 

shall not be expressed in the title, such act shall 

be void only as to so much 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 been made, 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 he has been sworn, he shall be asked by the court, 

or under its direction: 

1. Except for payment of poll tax or registration, 

are you 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 fact which renders him 

incapable or unfit to serve on the jury. A challenge 

for cause may be made by either the state or the defense 

for any one of the following reasons: 

1. That he is not a qualified voter in the state 

and county under the Constituion and laws of the statei 

provided, however, the failure to pay a poll tax or register to vote shall not be a disqualification; 

2. .That he has been convicted of theft or any felony: 

A-13 
l . . 

3. That he is under indictment or other legal accusation 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 as to render him unfit for jury 

service: 

5. That he is a witness in the case: 

6. That he served on the grand jury which found the 

indictment: 

7. That he served on a petit jury in a former trial 

of the same case: 

8. That he has a bias or prejudice in favor of or against the defendant; 

9. That from hearsay, or otherwise, there is established 

in the mind of the juror such a conclusion as to the guilt 

or innocence of the defendant as would influence him in his 

action in finding a verdict. To ascertain whether this cause 

of challenge exists, the juror shall first be asked whether, 

in his opinion, the conclusion so established will influence 

his verdict. If he answers in the affirmative, he shall be 

discharged without further interrogation by either party or 

the court. If he answers in the negative, he shall be further 

examined as to how his conclusion was formed, and the extent 

to which it will affect his action; and, if it appears to have 

been formed from reading newspaper accounts, communications, 

statements or reports or mere rumor or hearsay, 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 and will render 

such verdict, may, in its discretion, admit him as competent to serve in such case. If the court, in its discretion, 

is not satisfied that he is impartial, the juror shall be discharged; 

10. That he cannot read or write. 

No juror shall be impaneled when it appears that he 

is subject to the second, third or fourth grounds of 

challenge for cause set forth above, although both parties may consent. All other grounds for challenge may 

be waived by the party or parties in whose favor such 

grounds of challenge exist. 

A-14