HB4749

Regular Session

Relating to reconstitution of the petit jury wheel and grand juror and petit juror qualifications and juror summoning in certain counties.

Q: What does Texas HB4749 do?

HB4749 immediately authorizes counties with a population of less than 1,000 to summon jurors from contiguous counties within the same judicial district. This legislation creates a critical exception to standard HR verification protocols: an employee may now present a valid jury summons for a county other than their county of residence. Employers in rural sectors (Energy, Agriculture, Logistics) must adjust leave validation processes immediately to avoid liability for wrongful denial of jury duty leave.

Q: Who authored HB4749?

HB4749 was authored by Texas Representative Brooks Landgraf during the Regular Session.

Q: When was HB4749 signed into law?

HB4749 was signed into law by Governor Greg Abbott on June 20, 2025.

Q: Which agencies enforce HB4749?

HB4749 is enforced by District Courts (in counties with population < 1,000), County Clerks and Department of Public Safety (regarding jury source lists).

Q: How urgent is compliance with HB4749?

The compliance urgency for HB4749 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q: What is the cost impact of HB4749?

The cost impact of HB4749 is estimated as "low". This may vary based on industry and implementation requirements.

Q: What topics does HB4749 address?

HB4749 addresses topics including courts and courts--juries.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

District Courts (in counties with population < 1,000) • County Clerks • Department of Public Safety (regarding jury source lists)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: June 20, 2025. Employers must honor summonses issued under this authority immediately.
Agency Rulemaking: None. This is a judicial administration statute; no further guidance will be issued by the Texas Workforce Commission or Secretary of State.

Immediate Action Plan

Issue an HR Alert: Immediately notify payroll and HR teams that cross-county jury summonses are now valid for rural Texas operations.
Update Leave Logic: Disable any automated software rules that auto-reject jury duty claims based on address mismatches.
Review Union Contracts: Identify any CBAs with restrictive geographic language regarding jury pay and prepare a compliance override.
Notify Rural Managers: Send a specific bulletin to operations managers in the Permian Basin and South Texas ranch lands to prevent accidental interference with jury service.

Operational Changes Required

Contracts

Collective Bargaining Agreements (CBAs): Review definitions of "jury duty" in union contracts. If jury pay or leave is contractually restricted to "service in the county of residence," this statute overrides that limitation. You must treat these summonses as compulsory service.
Employee Handbooks: If your handbook explicitly states that jury duty leave is granted only for the county of record/residence, issue an addendum or internal guidance memo to override this policy for rural operations.

Hiring/Training

HR & Payroll Training: Instruct payroll administrators and site managers in West and South Texas that a mismatch between an employee's home address and the summoning court is no longer automatic grounds for rejection.
Site Management: Train field supervisors in counties with populations under 1,000 (e.g., Loving, King, Kenedy) that employees may be summoned to neighboring county courts legally.

Reporting & Record-Keeping

Summons Validation: Continue to require the physical jury summons for the employee file.
Attendance Proof: Ensure the court clerk's proof of service matches the dates of absence. The documentation will look standard, but the county header may differ from the employee's address.

Fees & Costs

Payroll Impact: No new government fees. However, employers offering paid jury leave may see a slight uptake in utilization in rural hubs due to the expanded pool of eligible jurors.

Strategic Ambiguities & Considerations

Population Verification: The statute applies to counties with a population of "less than 1,000," but does not specify the controlling census data source.
*Guidance:* Do not attempt to audit the county's population count. If a court issues a summons, presume it has the statutory authority to do so. Denying leave based on your own population estimate invites retaliation liability.
"Contiguous" Requirement: The law requires the summoning county and the resident's county to be contiguous and in the same judicial district.
*Guidance:* HR should not audit judicial district maps. Accept the court's summons as facial evidence of validity.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsCourts Courts--juries

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 4749

By: Landgraf

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, petit jury wheels must be reconstituted and grand juries must be selected using only certain individuals within the county who are registered to vote or hold a valid driver's license and who are not otherwise disqualified from jury service. The bill author has informed the committee that in rural counties with extremely small populations, a limited pool of qualified individuals can result in a jury selection that is too small, making it difficult to reliably seat impartial juries. C.S.H.B. 4749 aims to address this challenge and expand the petit jury wheel and pool from which grand jurors are selected in counties with a population of less than 1,000 by providing for certain exceptions from standard jury qualification requirements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4749 amends the Code of Criminal Procedure to authorize the random selection of grand jurors in a county with a population of less than 1,000 from a fair cross section of the population of one or more counties contiguous to and within the same judicial district as the summoning county who meet the following criteria:

·hold a valid Texas driver's license or a valid personal identification card or certificate issued by the Department of Public Safety (DPS); and

·are not disqualified from grand jury service under state law based on the requirements to be at least 18 years of age, to be a U.S. citizen, or not have been convicted of misdemeanor theft or felony.

Accordingly, the bill excepts a person from the requirement to be a resident of Texas and of the county in which the person is to serve as a grand juror and to be qualified under the constitution and other laws to vote in that county for purposes of serving as a grand juror in a county with a population of less than 1,000 if that person meets the following criteria:

·is a resident of a county contiguous to and within the same judicial district as the summoning county; and

·is qualified under the constitution and laws to vote in the contiguous county.

C.S.H.B. 4749 amends the Government Code to authorize the jury wheel of a county with a population of less than 1,000 to be reconstituted, in addition to the sources required for the jury wheel of a county under current law, by using the following:

·the names of all persons on the current voter registration lists from all the precincts in one or more counties contiguous to and within the same judicial district as the summoning county; and

·all names on such a list showing the residents of one or more counties contiguous to and within the same judicial district as the summoning county who:

ohold a valid Texas driver's license or a valid personal identification card or certificate issued by DPS; and

oare not disqualified from jury service under state law based on the requirements to be at least 18 years of age, to be a citizen of the United States, or not have been convicted of misdemeanor theft or felony.

The bill extends the applicability of the requirement that the current voter registration lists from all precincts in the county for purposes of the reconstitution of the jury wheel of a county exclude the names of persons on the voter suspense list maintained by the county voter registrar to the current voter registration list from all the precincts in one or more counties contiguous to and within the same judicial district as the summoning county used under the bill's provisions.

Accordingly, C.S.H.B. 4749 excepts a person from the requirement to be a resident of Texas and the county in which the person is to serve as a juror and to be qualified under the constitution and laws to vote in that county for purposes of serving as a petit juror in a county with a population of less than 1,000 if that person meets the following criteria:

·is a resident of a county contiguous to and within the same judicial district as the summoning county; and

·is qualified under the constitution and laws to vote in the contiguous county.

C.S.H.B. 4749 applies only to the qualifications of a person summoned for grand jury or petit jury service on or after the bill's effective date. The qualifications of a person summoned for grand jury or petit jury service before that date are governed by the law in effect on the date the summons was made, and the former law is continued in effect for those purposes.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4749 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes the following provisions not present in the introduced:

·an authorization for the random selection of grand jurors in a county with a population of less than 1,000 from a fair cross section of the population of one or more counties contiguous to and within the same judicial district as the summoning county who meet specified criteria; and

·a provision excepting a person from certain residency and voter qualification requirements for purposes of serving as a grand juror in a county with a population of less than 1,000 if that person meets certain criteria regarding the person's county of residence and voter qualification in an applicable county.

The substitute lowers the population of a county that may reconstitute the jury wheel and in which a person is excepted from certain residency requirements for purposes of serving as a petit juror under the bill's provisions from less than 25,000, as in the introduced, to less than 1,000. With respect to the conditions under which certain sources may be used to reconstitute the jury wheel of an applicable county under the bill's provisions, the substitute includes a condition absent from the introduced that the names of all persons on the current voter registration lists from all the precincts in one or more counties must be within the same judicial district as the summoning county.

House Authors

Rep. Brooks LandgrafRepublican · Primary Author

Senate Sponsor

Sen. Kevin SparksRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 4749

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to reconstitution of the petit jury wheel and grand juror
	and petit juror qualifications and juror summoning in certain
	counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 19A.101, Code of Criminal Procedure, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a) Except as provided by Subsection (a-1), a [A] person may
	be selected or serve as a grand juror only if the person:
	(1) is at least 18 years of age;
	(2) is a citizen of the United States;
	(3) is a resident of this state and of the county in
	which the person is to serve;
	(4) is qualified under the constitution and other laws
	to vote in the county in which the grand jury is sitting, regardless
	of whether the person is registered to vote;
	(5) is of sound mind and good moral character;
	(6) is able to read and write;
	(7) has never been convicted of misdemeanor theft or a
	felony;
	(8) is not under indictment or other legal accusation
	for misdemeanor theft or a felony;
	(9) is not related within the third degree by
	consanguinity or second degree by affinity, as determined under
	Chapter 573, Government Code, to any person selected to serve or
	serving on the same grand jury;
	(10) has not served as a grand juror in the year before
	the date on which the term of court for which the person has been
	selected as a grand juror begins; and
	(11) is not a complainant in any matter to be heard by
	the grand jury during the term of court for which the person has
	been selected as a grand juror.
	(a-1) A person is not disqualified under Subsections (a)(3)
	and (4) to serve as a grand juror in a county with a population of
	less than 1,000 if that person is:
	(1) a resident of a county contiguous to and within the
	same judicial district as the summoning county; and
	(2) qualified under the constitution and laws to vote
	in the contiguous county.
	SECTION 2. Article 19A.201, Code of Criminal Procedure, is
	amended by adding Subsection (a-1) to read as follows:
	(a-1) Notwithstanding Subsection (a), in a county with a
	population of less than 1,000, grand jurors may be randomly
	selected from a fair cross section of the population of one or more
	counties contiguous to and within the same judicial district as the
	summoning county who:
	(1) hold a valid Texas driver's license or a valid
	personal identification card or certificate issued by the
	Department of Public Safety; and
	(2) are not disqualified from grand jury service under
	Article 19A.101(a)(1), (2), or (7).
	SECTION 3. Section 62.001, Government Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsection (a-1)
	to read as follows:
	(a) Except as provided by Subsection (a-1), the [~~The~~] jury
	wheel must be reconstituted by using, as the source:
	(1) the names of all persons on the current voter
	registration lists from all the precincts in the county; and
	(2) all names on a current list to be furnished by the
	Department of Public Safety, showing the residents [~~citizens~~] of
	the county who:
	(A) hold a valid Texas driver's license or a
	valid personal identification card or certificate issued by the
	department; and
	(B) are not disqualified from jury service under
	Section 62.102(a)(1) [~~62.102(1)~~], (2), or (8).
	(a-1) In a county with a population of less than 1,000, the
	jury wheel may be reconstituted by using, in addition to the sources
	required under Subsection (a):
	(1) the names of all persons on the current voter
	registration lists from all the precincts in one or more counties
	contiguous to and within the same judicial district as the
	summoning county; and
	(2) all names on a list required by Subsection (a)(1)
	showing the residents of one or more counties contiguous to and
	within the same judicial district as the summoning county who:
	(A) hold a valid Texas driver's license or a
	valid personal identification card or certificate issued by the
	Department of Public Safety; and
	(B) are not disqualified from jury service under
	Section 62.102(a)(1), (2), or (8).
	(b) Notwithstanding Subsection (a) or (a-1), the names of
	persons listed on a register of persons exempt from jury service may
	not be placed in the jury wheel, as provided by Sections 62.108,
	62.109, 62.113, 62.114, and 62.115.
	(d) The lists [~~list~~] required by Subsections [~~Subsection~~]
	(a)(1) and (a-1)(1) must exclude the names of persons on the
	suspense list maintained under Section 15.081, Election Code.
	SECTION 4. Section 62.0132(g), Government Code, is amended
	to read as follows:
	(g) The information contained in a completed questionnaire
	may be disclosed to:
	(1) a judge assigned to hear a cause of action in which
	the respondent to the questionnaire is a potential juror;
	(2) court personnel;
	(3) a litigant and a litigant's attorney in a cause of
	action in which the respondent to the questionnaire is a potential
	juror; and
	(4) other than information provided that is related to
	Section 62.102(a)(8) [~~62.102(8)~~] or (9), the voter registrar of a
	county in connection with any matter of voter registration or the
	administration of elections.
	SECTION 5. Section 62.014(a), Government Code, is amended
	to read as follows:
	(a) A [~~In a county with at least nine district courts, the~~]
	district judge [~~judges~~] may direct that prospective jurors be
	summoned for jury service by the clerk, the sheriff, or a bailiff,
	or an assistant or deputy bailiff, in charge of the central jury
	room and the general panel of the county, if the jurisdiction served
	by the judge includes a county:
	(1) within the jurisdiction of at least nine district
	courts; or
	(2) with a population of less than 1,000.
	SECTION 6. Section 62.102, Government Code, is amended to
	read as follows:
	Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. (a)
	Except as provided by Subsection (b), a [A] person is disqualified
	to serve as a petit juror unless the person:
	(1) is at least 18 years of age;
	(2) is a citizen of the United States;
	(3) is a resident of this state and of the county in
	which the person is to serve as a juror;
	(4) is qualified under the constitution and laws to
	vote in the county in which the person is to serve as a juror;
	(5) is of sound mind and good moral character;
	(6) is able to read and write;
	(7) has not served as a petit juror for six days during
	the preceding three months in the county court or during the
	preceding six months in the district court;
	(8) has not been convicted of misdemeanor theft or a
	felony; and
	(9) is not under indictment or other legal accusation
	for misdemeanor theft or a felony.
	(b) A person is not disqualified under Subsections (a)(3)
	and (4) to serve as a juror in a county with a population of less
	than 1,000 if that person is:
	(1) a resident of a county contiguous to and within the
	same judicial district as the summoning county; and
	(2) qualified under the constitution and laws to vote
	in the contiguous county.
	SECTION 7. The change in law made by this Act applies only
	to the qualifications of a person summoned for grand jury or petit
	jury service on or after the effective date of this Act. The
	qualifications of a person summoned for grand jury or petit jury
	service before the effective date of this Act are governed by the
	law in effect on the date the summons was made, and the former law is
	continued in effect for that purpose.
	SECTION 8. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB4749 by Landgraf (Relating to reconstitution of the jury wheel and juror qualifications in certain counties.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, KDw, BC, CWi

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Frequently Asked Questions

Common questions about HB4749

What does Texas HB4749 do?

HB4749 immediately authorizes counties with a population of less than 1,000 to summon jurors from contiguous counties within the same judicial district. This legislation creates a critical exception to standard HR verification protocols: an employee may now present a valid jury summons for a county other than their county of residence. Employers in rural sectors (Energy, Agriculture, Logistics) must adjust leave validation processes immediately to avoid liability for wrongful denial of jury duty leave.

Who authored HB4749?