GOVERNMENT CODE
SUBTITLE E. JURIES
CHAPTER 61. GENERAL PROVISIONS
§ 61.001. REIMBURSEMENT OF EXPENSES OF
JURORS. (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.
(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.
§ 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.
