US Laws, Codes, Statutes & Cases

GOVERNMENT CODE

SUBTITLE E. JURIES

CHAPTER 61. GENERAL PROVISIONS


	§ 61.001. REIMBURSEMENT OF EXPENSES OF JURORS.                              

Text of subsec. (a) effective until January 1, 2006
	(a)  Each grand juror or petit juror in a civil or criminal 
case in a district court, criminal district court, county court, 
county court at law, or justice court is entitled to receive as 
reimbursement for travel and other expenses an amount not less than 
$6 nor more than $50 for each day or fraction of each day served as a 
juror.

Text of subsec. (a) effective January 1, 2006
	(a)  Each grand juror or petit juror in a civil or criminal 
case in a district court, criminal district court, county court, 
county court at law, or justice court is entitled to receive as 
reimbursement for travel and other expenses an amount:
		(1)  not less than $6 for the first day or fraction of 
the first day served as a juror;  and
		(2)  not less than $40 for each day or fraction of each 
day served as a juror after the first day.
	(b)  Except as provided by Subsection (d), a person who 
responds to the process of a court but is excused from petit jury 
service by the court for any cause after the person's voir dire 
examination is entitled to receive as reimbursement for travel and 
other expenses an amount not less than $6 nor more than $50 for each 
day or fraction of each day in attendance in court in response to 
the process.
	(c)  The commissioners court of each county shall determine 
annually the daily reimbursement of expenses for jurors.  Except as 
provided by Subsection (d), the reimbursement must be within the 
minimum and maximum amounts prescribed by this section and paid out 
of the jury fund of the county.  The commissioners court may set 
different daily reimbursements for:
		(1)  grand and petit jurors;  or                                              
		(2)  different petit jurors based on:                                         
			(A)  whether a juror serves in a justice, county, 
or district court;  or   
			(B)  any other reasonable criteria determined by 
the commissioners court.  
	(c-1)  In a specific case, the presiding judge, with the 
agreement of the parties involved or their attorneys, may increase 
the daily reimbursement for jurors in that case to an amount not to 
exceed the maximum amount prescribed by this section.  The 
difference between the usual daily reimbursement and the 
reimbursement for jurors in a specific case shall be paid, in equal 
amounts, by the parties involved in the case.
	(d)  The commissioners court of a county may reduce or 
eliminate the daily reimbursement prescribed by this section for 
persons who attend court for only one day or a fraction of one day.  
The funds retained by a county as a result of reducing or 
eliminating reimbursement as provided by this subsection may only 
be used to increase the daily reimbursement prescribed by this 
section for jurors and for persons who attend court for more than 
one day.
	(e)  A check drawn on the jury fund by the district clerk of 
the county may be transferred by endorsement and delivery and is 
receivable at par from the holder for all county taxes.
	(f)  A reimbursement for expenses under this section is not a 
property right of a juror or prospective juror for purposes of 
Chapters 72 and 74, Property Code.  If a check or other instrument 
representing a reimbursement under this section is not presented 
for payment or redeemed before the 90th day after it is issued:
		(1)  the instrument is considered forfeited and is 
void;  and               
		(2)  the money represented by the instrument may be 
placed in the county's jury fund, the county's general fund, or any 
other fund in which county funds can be legally placed, at the 
discretion of the commissioners court.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.79(a), eff. Sept. 1, 1987;  
Acts 1993, 73rd Leg., ch. 64, § 1, eff. Aug. 30, 1993;  Acts 1997, 
75th Leg., ch. 758, § 1, eff. Sept. 1, 1997;  Acts 1999, 76th 
Leg., ch. 1119, § 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., 
ch. 1136, § 1, eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 
1360, § 1, eff. Jan. 1, 2006.


	§ 61.0015. REIMBURSEMENT TO COUNTY.                                         

Text of section effective January 1, 2006
	(a)  The state shall reimburse a county $34 a day for the 
reimbursement paid to a grand juror or petit juror under Section 
61.001 for each day or fraction of each day served as a juror after 
the first day.
	(b)  The commissioners court of a county entitled to 
reimbursement under this section may file a claim for reimbursement 
with the comptroller.
	(c)  The comptroller shall pay claims for reimbursement 
under this section quarterly to the county treasury of each county 
that filed a claim from money collected under Article 102.0045, 
Code of Criminal Procedure, and deposited in the jury service fund.
	(d)  If sufficient money described by Subsection (c) is not 
available to satisfy the claims for reimbursement filed by the 
counties under this section, the comptroller shall apportion the 
available money among the counties by reducing the amount payable 
to each county on an equal percentage basis.
	(e)  If a payment on a county's claim for reimbursement is 
reduced under Subsection (d), or if a county fails to file the claim 
for reimbursement in a timely manner, the comptroller shall:
		(1)  pay the balance owed to the county when sufficient 
money described by Subsection (c) is available;  or
		(2)  carry forward the balance owed to the county and 
pay the balance to the county when the next payment is required.

Added by Acts 2005, 79th Leg., ch. 1360, § 2, eff. Jan. 1, 2006.           


	§ 61.002. LIABILITY OF COUNTIES FOR PAYMENT OF JURY 
SERVICE.  (a) If a civil case is moved by change of venue and tried 
in another county by a jury, the county in which the case was 
originally filed is liable for the payment of jurors serving in the 
trial of the case.
	(b)  The commissioners court shall determine at each regular 
meeting if a civil case was tried by a jury in the county on a change 
of venue from another county since its last regular meeting.
	(c)  The commissioners court shall prepare an account 
against another county that is liable for the payment of jurors in a 
case transferred on a change of venue.  The account must show the 
number of days that the jury served and the amount paid for jury 
service in the case.
	(d)  The county judge of the county in which the case was 
tried shall certify the correctness of the account and forward it 
for payment from the jury fund of the county in which the case was 
originally filed.
	(e)  This section does not apply to a civil case transferred 
by an order of the court based on a motion objecting to improper 
venue in the case under Rule 86, Texas Rules of Civil Procedure.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 61.003. DONATION OF REIMBURSEMENT.  (a) Each 
prospective juror reporting for jury service shall be personally 
provided a form letter that when signed by the prospective juror 
directs the county treasurer to donate all of the prospective 
juror's reimbursement for jury service to:
		(1)  the compensation to victims of crime fund under 
Subchapter B, Chapter 56, Code of Criminal Procedure;
		(2)  the child welfare board of the county appointed 
under Section 264.005, Family Code;
		(3)  any program selected by the commissioners court 
that is operated by a public or private nonprofit organization and 
that provides shelter and services to victims of family violence;  
or
		(4)  any other program approved by the commissioners 
court of the county.   
	(b)  The county treasurer or a designated county employee 
shall collect each form letter directing the county treasurer to 
donate a prospective juror's reimbursement for jury service.
	(c)  The county treasurer shall:                                               
		(1)  send all donations made under Subsection (a)(1) to 
the comptroller, at the time and in the manner prescribed by the 
attorney general, for deposit to the credit of the compensation to 
victims of crime fund;
		(2)  deposit donations made to the county child welfare 
board under Subsection (a)(2) in a fund established by the county to 
be used by the child welfare board in a manner authorized by the 
commissioners court of the county;  and
		(3)  send all donations made under Subsection (a)(3) or 
(a)(4) directly to the program specified on the form letter signed 
by the prospective juror.
	(d)  Notwithstanding this section, a juror reimbursement 
donation program established before January 1, 1995, may solicit 
juror donations and provide all funds collected in the name of that 
program to the charities served by that program on January 1, 1995.

Added by Acts 1995, 74th Leg., ch. 329, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 875, § 1, eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1313, § 1, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 1423, § 8.01, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 41, § 1, eff. Sept. 1, 1999.