HBA-PDH S.C.R. 15 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.C.R. 15
By: Ellis
Judicial Affairs
4/8/1999
Engrossed



BACKGROUND AND PURPOSE 

While jury service is a civic duty for many Americans, extended jury
service can create significant financial hardship on jurors, and for many
citizens the honor and privilege of serving on a jury becomes instead a
burden that not only tends to limit participation in jury service but
ultimately reduces the representativeness of juries in an increasingly
diverse society.  Under current law, jurors are entitled to reimbursement
of expenses in an amount not less than $6 nor more than $50 for each day of
jury service, with the actual amount being determined by the county
commissioners court. The current law also allows a presiding judge, under
certain circumstances, to increase the daily reimbursement above the amount
set by the commissioners court provided that reimbursement does not exceed
the maximum allowable amount of $50 per day, with the additional costs in
these cases being shared equally by the parties involved.   

Because jurors' compensation often falls at the lower end of this
reimbursement schedule, jury duty participation may cause undue financial
hardships on citizens who incur substantial traveling and other daily
expenses when responding to a jury summons.  To alleviate potential
financial hardships for those jurors who serve for an extended period of
time, a task force appointed by the Supreme Court of Texas recommended
increasing the reimbursement of expenses for jurors to $40 per day
beginning on the second day of jury service.  In their 1997 report, the
task force also recommended that counties be allowed the option of offering
to jurors an array of first-day incentives.  In addition to easing the
financial burden that jury service imposes on some citizens, the
recommendations of the Supreme Court of Texas Jury Task Force regarding an
increase in the reimbursement of expenses for jurors and other incentives
also would facilitate the court system's efforts to increase the number and
diversity of people who are able to participate in the state's jury system. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

S.C.R. 15 directs the Texas Judicial Council to examine the costs of
increasing reimbursement of expenses of jurors to $40 after the first day
of trial and to examine the feasibility of allowing counties to offer other
incentives to jurors for service.  This bill provides that the secretary of
state forward an official copy of this resolution to the executive director
of the Texas Judicial Council.