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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of jurors required in certain civil cases |
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pending in a statutory county court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0001(a), Government Code, is amended |
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to read as follows: |
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(a) This subchapter applies to each statutory county court |
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in this state. Except as provided by Section 25.0007(c), if [If] a |
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provision of this subchapter conflicts with a specific provision |
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for a particular court or county, the specific provision controls. |
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SECTION 2. Section 25.0007, Government Code, is amended to |
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read as follows: |
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Sec. 25.0007. JURIES; PRACTICE AND PROCEDURE. (a) Except |
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as provided by this section, the [The] drawing of jury panels, |
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selection of jurors, and practice in the statutory county courts |
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must conform to that prescribed by law for county courts. |
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(b) Practice in a statutory county court is that prescribed |
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by law for county courts, except that practice, procedure, rules of |
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evidence, issuance of process and writs, and all other matters |
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pertaining to the conduct of trials and hearings in the statutory |
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county courts[, other than the number of jurors,] that involve |
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those matters of concurrent jurisdiction with district courts are |
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governed by the laws and rules pertaining to district courts. This |
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section does not affect local rules of administration adopted under |
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Section 74.093. |
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(c) Notwithstanding any other provision of this chapter, in |
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any civil case pending in a statutory county court in which the |
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amount in controversy is $200,000 or more: |
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(1) the jury shall be composed of 12 members; and |
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(2) drawing of jury panels, selection of jurors, and |
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practice and procedure must conform to that prescribed by law for |
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district courts in the county in which the statutory county court is |
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located. |
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SECTION 3. Section 25.1272(h), Government Code, is amended |
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to read as follows: |
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(h) If a jury trial is requested in a case that is in a |
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county court at law's jurisdiction, the jury shall be composed of |
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six members unless the constitution or other law requires a |
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12-member jury. Failure to object before a six-member jury is |
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seated and sworn constitutes a waiver of a 12-member jury. |
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SECTION 4. Section 25.1412(p), Government Code, is amended |
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to read as follows: |
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(p) Except as otherwise provided by this subsection, a jury |
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in a county court at law shall be composed of six members unless the |
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constitution or other law requires a 12-member jury. Failure to |
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object before a six-member jury is seated and sworn constitutes a |
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waiver of a 12-member jury unless required by law. In matters in |
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which the constitution or other law does not require a 12-member |
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jury and the county court at law has concurrent jurisdiction with |
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the district court, the jury may be composed of 12 members if a |
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party to the suit requests a 12-member jury and the judge of the |
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court consents. Except as provided by Section 25.0007(c), in [In] |
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a civil case tried in a county court at law, the parties may, by |
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mutual agreement and with the consent of the judge, agree to try the |
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case with any number of jurors and have a verdict rendered and |
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returned by the vote of any number of those jurors that is less than |
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the total number of jurors. |
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SECTION 5. Section 25.2292(d), Government Code, is amended |
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to read as follows: |
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(d) Except as provided by Section 25.0007(c), in [In] civil |
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cases, the jury is composed of six members unless: |
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(1) the amount in controversy exceeds $100,000; and |
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(2) a party to the case files a written request for a |
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12-member jury not later than the 30th day before the date of the |
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trial. |
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SECTION 6. Section 25.2362(i), Government Code, is amended |
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to read as follows: |
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(i) If a jury trial is requested in a case that is in a |
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county court at law's jurisdiction, the jury shall be composed of |
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six members unless the constitution or other law requires a |
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12-member jury. |
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SECTION 7. The change in law made by this Act applies only |
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to a trial commenced on or after the effective date of this Act. A |
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trial commenced before the effective date of this Act is governed by |
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the law in effect immediately before that date, and the former law |
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is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2015. |