CHAPTER 61. GENERAL PROVISIONS

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE E. JURIES

CHAPTER 61. GENERAL PROVISIONS

Sec. 61.001. REIMBURSEMENT OF EXPENSES OF JURORS AND PROSPECTIVE

JURORS. (a) Except as provided by Subsection (c), a person who

reports for jury service in response to the process of a 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 the person is in attendance in court in response to the

process and discharges the person's duty for that day; and

(2) not less than $40 for each day or fraction of each day the

person is in attendance in court in response to the process after

the first day and discharges the person's duty for that day.

(b) In preparing and approving the annual budget for a county,

the commissioners court of the county shall determine the daily

amount of reimbursement for expenses for a person who reports for

jury service and discharges the person's duty. The amount of

reimbursement for each day 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

amounts of reimbursement for:

(1) grand and petit jurors; or

(2) different petit jurors based on:

(A) whether a juror serves in a small claims court, justice

court, constitutional county court, county court at law, or

district court; or

(B) any other reasonable criteria determined by the

commissioners court.

(c) A person who reports for jury service in a municipal court

is not entitled to reimbursement under this chapter, but the

municipality may provide reimbursement for expenses to the person

in an amount to be determined by the municipality.

(d) In a specific case, the presiding judge, with the agreement

of the parties involved or their attorneys, may increase the

daily amount of reimbursement for a person who reports for jury

service in that case. The difference between the usual daily

amount of reimbursement and the daily amount of reimbursement for

a person who reports for jury service in a specific case shall be

paid, in equal amounts, by the parties involved in the case.

(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 person who reports for jury service for

purposes of Chapters 72 and 74, Property Code. If a check,

instrument, or other method of payment authorized under Section

113.048, Local Government Code, representing a reimbursement

under this section is not presented for payment or redeemed

before the 90th day after it is issued:

(1) the instrument or other method of payment is considered

forfeited and is void; and

(2) the money represented by the instrument or other method of

payment may be placed or retained 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.79(a), eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 64, Sec. 1, eff. Aug.

30, 1993; Acts 1997, 75th Leg., ch. 758, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1119, Sec. 1, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 1136, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1360, Sec. 1, eff. January 1, 2006.

Acts 2007, 80th Leg., R.S., Ch.

1378, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

734, Sec. 2, eff. September 1, 2009.

Sec. 61.0011. DEFINITION OF PERSON WHO REPORTS FOR JURY SERVICE.

In this chapter, the term "person who reports for jury service"

means a person who reports in person for duty on a grand jury or

a petit jury, regardless of whether the person is selected to

serve on the jury.

Added by Acts 2007, 80th Leg., R.S., Ch.

1378, Sec. 2, eff. September 1, 2007.

Sec. 61.0015. REIMBURSEMENT TO COUNTY. (a) The state shall

reimburse a county $34 a day for the reimbursement paid under

Section 61.001 to a person who reports for jury service in

response to the process of a court for each day or fraction of

each day after the first day in attendance in court in response

to the process.

(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, Sec. 2, eff. January 1, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1378, Sec. 3, eff. September 1, 2007.

Sec. 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 persons who report

for jury service for 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 persons who

report for jury service in a case transferred on a change of

venue. The account must show the number of days that each person

who reported for jury service was in attendance in court in

response to the process and discharged the person's duty and the

amount paid as reimbursement under this chapter 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, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1378, Sec. 4, eff. September 1, 2007.

Sec. 61.003. DONATION OF REIMBURSEMENT. (a) Each person who

reports for jury service shall be personally provided a form

letter that when signed by the person directs the county

treasurer to donate all, or a specific amount designated by the

person, of the person's daily reimbursement under this chapter

to:

(1) the compensation to victims of crime fund under Subchapter

B, Chapter 56, Code of Criminal Procedure;

(2) the child welfare, child protective services, or child

services board of the county appointed under Section 264.005,

Family Code, that serves abused and neglected children;

(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, including a program established under Article 56.04(f),

Code of Criminal Procedure, that offers psychological counseling

to jurors in criminal cases involving graphic evidence or

testimony.

(a-1) The form letter provided under Subsection (a) must include

a blank in which a person may enter the amount of the daily

reimbursement the person wishes to donate.

(a-2) The form letter provided under Subsection (a) must contain

a brief description of the programs designated for donation under

that subsection.

(b) The county treasurer or a designated county employee shall

collect each form letter directing the county treasurer to donate

the reimbursement of a person who reports 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 person who reported for jury service.

(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.

(e) Notwithstanding Subsection (a), a county that has adopted a

system or method of payment authorized by Section 113.048, Local

Government Code, may provide a person who reports for jury

service in the county an opportunity to donate all, or a specific

part designated by the juror, of the juror's daily reimbursement

by completing a self-executing application on a form prescribed

by the commissioners court.

Added by Acts 1995, 74th Leg., ch. 329, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 875, Sec. 1, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1313, Sec. 1, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.01, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

661, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1378, Sec. 5, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 11.001, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

235, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

235, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

734, Sec. 3, eff. September 1, 2009.