CODE OF CRIMINAL PROCEDURE CHAPTER 35.

FORMATION OF THE JURY

Art. 35.01. [602] [673] [655] Jurors called

When a case is called for trial and the parties have announced ready
for trial, the names of those summoned as jurors in the case shall
be called. Those not present may be fined not exceeding fifty
dollars. An attachment may issue on request of either party for any
absent summoned juror, to have him brought forthwith before the
court. A person who is summoned but not present, may upon an
appearance, before the jury is qualified, be tried as to his
qualifications and impaneled as a juror unless challenged, but no
cause shall be unreasonably delayed on account of his absence.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.02. [603] [674] [656] Sworn to answer questions

To those present the court shall cause to be administered this oath:
"You, and each of you, solemnly swear that you will make true
answers to such questions as may be propounded to you by the court,
or under its directions, touching your service and qualifications
as a juror, so help you God."

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.03. [604] [675] [657] Excuses

Sec. 1. Except as provided by Sections 2 and 3 of this article, the
court shall then hear and determine excuses offered for not serving
as a juror, and if the court deems the excuse sufficient, the court
shall discharge the juror or postpone the juror's service to a date
specified by the court.

Sec. 2. Under a plan approved by the commissioners court of the
county in the same manner as a plan is approved for jury selection
under Section 62.011, Government Code, in a case other than a
capital felony case, the court's designee may hear and determine an
excuse offered for not serving as a juror, and if the court's
designee deems the excuse sufficient, he may postpone the juror's
service to a date specified by the court's designee.

Sec. 3. A court or a court's designee may discharge a juror or
postpone the juror's service on the basis of the juror's observation
of a religious holy day or religious beliefs only if the juror
provides an affidavit as required by Article 29.012(c) of this
code.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1987, 70th Leg., ch. 589, Sec. 2, eff. Aug. 31,
1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43, Sec. 2, eff. Oct. 20,
1987.

Art. 35.04. [605] [676] Claiming exemption

Any person summoned as a juror who is exempt by law from jury
service may establish his exemption without appearing in person by
filing a signed statement of the ground of his exemption with the
clerk of the court at any time before the date upon which he is
summoned to appear.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1971, 62nd Leg., p. 1560, ch. 421, Sec. 3, eff. May
26, 1971.

Art. 35.05. [606] [677] [658] Excused by consent

One summoned upon a special venire may by consent of both parties be
excused from attendance by the court at any time before he is
impaneled.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.06. [607] [678] [659] Challenge to array first heard

The court shall hear and determine a challenge to the array before
interrogating those summoned as to their qualifications.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.07. [608] [679-683] Challenge to the array

Each party may challenge the array only on the ground that the
officer summoning the jury has wilfully summoned jurors with a view
to securing a conviction or an acquittal. All such challenges must
be in writing setting forth distinctly the grounds of such
challenge. When made by the defendant, it must be supported by his
affidavit or the affidavit of any credible person. When such
challenge is made, the judge shall hear evidence and decide without
delay whether or not the challenge shall be sustained.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.08. [609] [684] [665] When challenge is sustained

The array of jurors summoned shall be discharged if the challenge be
sustained, and the court shall order other jurors to be summoned in
their stead, and direct that the officer who summoned those so
discharged, and on account of whose misconduct the challenge has
been sustained shall not summon any other jurors in the case.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.09. [610] [685] [666] List of new venire

When a challenge to the array has been sustained, the defendant
shall be entitled, as in the first instance, to service of a copy of
the list of names of those summoned by order of the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.10. [611] [686] [667] Court to try qualifications

When no challenge to the array has been made, or if made, has been
over-ruled, the court shall proceed to try the qualifications of
those present who have been summoned to serve as jurors.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 35.11. Preparation of list

The trial judge, on the demand of the defendant or his attorney, or
of the State's counsel, shall cause a sufficient number of jurors
from which a jury may be selected to try the case to be randomly
selected from the members of the general panel drawn or assigned as
jurors in the case. The clerk shall randomly select the jurors by a
computer or other process of random selection and shall write or
print the names, in the order selected, on the jury list from which
the jury is to be selected to try the case. The clerk shall deliver
a copy of the list to the State's counsel and to the defendant or his
attorney.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Amended by Acts 1991, 72nd Leg., ch. 337, Sec. 1, eff. Sept. 1,
1991.

Art. 35.12. [612] [687] [668] Mode of testing

In testing the qualification of a prospective juror after he has
been sworn, he shall be asked by the court, or under its direction:

1. Except for failure to register, are you a qualified voter in this
county and state under the Constitution and laws of this state?

2. Have you ever been convicted of theft or any felony?

3. Are you under indictment or legal accusation for theft or any
felony?

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 2, eff.
Sept. 1, 1969; Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 7, eff.
Aug. 31, 1981.

 

Art. 35.13. [613] [688-689] Passing juror for challenge

A juror in a capital case in which the state has made it known it
will seek the death penalty, held to be qualified, shall be passed
for acceptance or challenge first to the state and then to the
defendant. Challenges to jurors are either peremptory or for
cause.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 1739, ch. 659, Sec. 20, eff.
Aug. 28, 1967.

 

Art. 35.14. [614] [690] [671] A peremptory challenge

A peremptory challenge is made to a juror without assigning any
reason therefor.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.15. [615, 634, 635] [691, 709, 710] [672, 689, 690] Number
of challenges

(a) In capital cases in which the State seeks the death penalty both
the State and defendant shall be entitled to fifteen peremptory
challenges. Where two or more defendants are tried together, the
State shall be entitled to eight peremptory challenges for each
defendant; and each defendant shall be entitled to eight
peremptory challenges.

(b) In non-capital felony cases and in capital cases in which the
State does not seek the death penalty, the State and defendant shall
each be entitled to ten peremptory challenges. If two or more
defendants are tried together each defendant shall be entitled to
six peremptory challenges and the State to six for each defendant.

(c) The State and the defendant shall each be entitled to five
peremptory challenges in a misdemeanor tried in the district court
and to three in the county court, or county court at law. If two or
more defendants are tried together, each defendant shall be
entitled to three such challenges and the State to three for each
defendant in either court.

(d) The State and the defendant shall each be entitled to one
peremptory challenge in addition to those otherwise allowed by law
if one or two alternate jurors are to be impaneled and two
peremptory challenges if three or four alternate jurors are to be
impaneled. The additional peremptory challenges provided by this
subsection may be used against an alternate juror only, and the
other peremptory challenges allowed by law may not be used against
an alternate juror.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 4,
eff. June 14, 1973; Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 3,
eff. Aug. 29, 1983.

Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 5,
eff. Sept. 1, 1991.

 

Art. 35.16. [616] [692] [673] Reasons for challenge for cause

(a) A challenge for cause is an objection made to a particular
juror, alleging some fact which renders him incapable or unfit to
serve on the jury. A challenge for cause may be made by either the
state or the defense for any one of the following reasons:

1. That he is not a qualified voter in the state and county under the
Constitution and laws of the state; provided, however, the failure
to register to vote shall not be a disqualification;

2. That he has been convicted of theft or any felony;

3. That he is under indictment or other legal accusation for theft
or any felony;

4. That he is insane;

5. That he has such defect in the organs of feeling or hearing, or
such bodily or mental defect or disease as to render him unfit for
jury service, or that he is legally blind and the court in its
discretion is not satisfied that he is fit for jury service in that
particular case;

6. That he is a witness in the case;

7. That he served on the grand jury which found the indictment;

8. That he served on a petit jury in a former trial of the same case;

9. That he has a bias or prejudice in favor of or against the
defendant;

10. That from hearsay, or otherwise, there is established in the
mind of the juror such a conclusion as to the guilt or innocence of
the defendant as would influence him in his action in finding a
verdict. To ascertain whether this cause of challenge exists, the
juror shall first be asked whether, in his opinion, the conclusion
so established will influence his verdict. If he answers in the
affirmative, he shall be discharged without further interrogation
by either party or the court. If he answers in the negative, he
shall be further examined as to how his conclusion was formed, and
the extent to which it will affect his action; and, if it appears to
have been formed from reading newspaper accounts, communications,
statements or reports or mere rumor or hearsay, and if the juror
states that he feels able, notwithstanding such opinion, to render
an impartial verdict upon the law and the evidence, the court, if
satisfied that he is impartial and will render such verdict, may, in
its discretion, admit him as competent to serve in such case. If
the court, in its discretion, is not satisfied that he is impartial,
the juror shall be discharged;

11. That he cannot read or write.

No juror shall be impaneled when it appears that he is subject to
the second, third or fourth grounds of challenge for cause set forth
above, although both parties may consent. All other grounds for
challenge may be waived by the party or parties in whose favor such
grounds of challenge exist.

In this subsection "legally blind" shall mean having not more than
20/200 of visual acuity in the better eye with correcting lenses, or
visual acuity greater than 20/200 but with a limitation in the field
of vision such that the widest diameter of the visual field subtends
an angle no greater than 20 degrees.

(b) A challenge for cause may be made by the State for any of the
following reasons:

1. That the juror has conscientious scruples in regard to the
infliction of the punishment of death for crime, in a capital case,
where the State is seeking the death penalty;

2. That he is related within the third degree of consanguinity or
affinity, as determined under Chapter 573, Government Code, to the
defendant; and

3. That he has a bias or prejudice against any phase of the law upon
which the State is entitled to rely for conviction or punishment.

(c) A challenge for cause may be made by the defense for any of the
following reasons:

1. That he is related within the third degree of consanguinity or
affinity, as determined under Chapter 573, Government Code, to the
person injured by the commission of the offense, or to any
prosecutor in the case; and

2. That he has a bias or prejudice against any of the law applicable
to the case upon which the defense is entitled to rely, either as a
defense to some phase of the offense for which the defendant is
being prosecuted or as a mitigation thereof or of the punishment
therefor.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 3, eff.
Sept. 1, 1969; Acts 1975, 64th Leg., p. 475, ch. 202, Sec. 2, eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 8, eff.
Aug. 31, 1981; Acts 1983, 68th Leg., p. 619, ch. 134, Sec. 2, eff.
Sept. 1, 1983.

Subsecs. (b), (c) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 10,
eff. Aug. 26, 1991; amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(27), eff. Sept. 1, 1995.

 

Art. 35.17. Voir dire examination

1. When the court in its discretion so directs, except as provided
in Section 2, the state and defendant shall conduct the voir dire
examination of prospective jurors in the presence of the entire
panel.

2. In a capital felony case in which the State seeks the death
penalty, the court shall propound to the entire panel of
prospective jurors questions concerning the principles, as
applicable to the case on trial, of reasonable doubt, burden of
proof, return of indictment by grand jury, presumption of
innocence, and opinion. Then, on demand of the State or defendant,
either is entitled to examine each juror on voir dire individually
and apart from the entire panel, and may further question the juror
on the principles propounded by the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5,
eff. June 14, 1973.

Subsec. 2 amended by Acts 1991, 72nd Leg., ch. 652, Sec. 6, eff.
Sept. 1, 1991.

 

Art. 35.18. [617] [693] [674] Other evidence on challenge

Upon a challenge for cause, the examination is not confined to the
answers of the juror, but other evidence may be heard for or against
the challenge.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.19. [619] [695] [676] Absolute disqualification

No juror shall be impaneled when it appears that he is subject to
the second, third or fourth cause of challenge in Article 35.16,
though both parties may consent.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 4, eff.
Sept. 1, 1969.

 

Art. 35.20. [620] [696] [677] Names called in order

In selecting the jury from the persons summoned, the names of such
persons shall be called in the order in which they appear upon the
list furnished the defendant. Each juror shall be tried and passed
upon separately. A person who has been summoned, but who is not
present, may, upon his appearance before the jury is completed, be
tried as to his qualifications and impaneled as a juror, unless
challenged, but no cause shall be unreasonably delayed on account
of such absence.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.21. [621][697][678] Judge to decide qualifications

The court is the judge, after proper examination, of the
qualifications of a juror, and shall decide all challenges without
delay and without argument thereupon.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.22. [622] [698] [679] Oath to jury

When the jury has been selected, the following oath shall be
administered them by the court or under its direction: "You and
each of you do solemnly swear that in the case of the State of Texas
against the defendant, you will a true verdict render according to
the law and the evidence, so help you God".

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.23. Jurors may separate

The court may adjourn veniremen to any day of the term. When jurors
have been sworn in a felony case, the court may, at its discretion,
permit the jurors to separate until the court has given its charge
to the jury. The court on its own motion may and on the motion of
either party shall, after having given its charge to the jury, order
that the jury not be allowed to separate, after which the jury shall
be kept together, and not permitted to separate except to the extent
of housing female jurors separate and apart from male jurors, until
a verdict has been rendered or the jury finally discharged. Any
person who makes known to the jury which party made the motion not
to allow separation of the jury shall be punished for contempt of
court. If such jurors are kept overnight, facilities shall be
provided for female jurors separate and apart from the facilities
provided for male jurors. In misdemeanor cases the court may, at
its discretion, permit the jurors to separate at any time before the
verdict. In any case in which the jury is permitted to separate,
the court shall first give the jurors proper instructions with
regard to their conduct as jurors when so separated.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Amended by Acts 1989, 71st Leg., ch. 825, Sec. 1, eff. Sept. 1,
1989.

 

Art. 35.25. [636] [711] [691] Making peremptory challenge

In non-capital cases and in capital cases in which the State's
attorney has announced that he will not qualify the jury for, or
seek the death penalty, the party desiring to challenge any juror
peremptorily shall strike the name of such juror from the list
furnished him by the clerk.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.26. [637] [712] [692] Lists returned to clerk

(a) When the parties have made or declined to make their peremptory
challenges, they shall deliver their lists to the clerk. Except as
provided in Subsection (b) of this section, the clerk shall, if the
case be in the district court, call off the first twelve names on
the lists that have not been stricken. If the case be in the county
court, he shall call off the first six names on the lists that have
not been stricken. Those whose names are called shall be the jury.

(b) In a capital case in which the state seeks the death penalty,
the court may direct that two alternate jurors be selected and that
the first fourteen names not stricken be called off by the clerk.
The last two names to be called are the alternate jurors.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1981, 67th Leg., p. 2264, ch. 545, Sec. 1, eff. June
12, 1981.

Subsec. (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 7, eff.
Sept. 1, 1991.

 

Art. 35.261. Peremptory challenges based on race prohibited

(a) After the parties have delivered their lists to the clerk under
Article 35.26 of this code and before the court has impanelled the
jury, the defendant may request the court to dismiss the array and
call a new array in the case. The court shall grant the motion of a
defendant for dismissal of the array if the court determines that
the defendant is a member of an identifiable racial group, that the
attorney representing the state exercised peremptory challenges
for the purpose of excluding persons from the jury on the basis of
their race, and that the defendant has offered evidence of relevant
facts that tend to show that challenges made by the attorney
representing the state were made for reasons based on race. If the
defendant establishes a prima facie case, the burden then shifts to
the attorney representing the state to give a racially neutral
explanation for the challenges. The burden of persuasion remains
with the defendant to establish purposeful discrimination.

(b) If the court determines that the attorney representing the
state challenged prospective jurors on the basis of race, the court
shall call a new array in the case.

Acts 1987, 70th Leg., ch. 751, Sec. 1, eff. Aug. 31, 1987.

 

Art. 35.27. [1036] [1138] [1003] Reimbursement of nonresident
witnesses

Expenses for Nonresident Witnesses

 

Sec. 1. (a) Every person subpoenaed by either party or otherwise
required or requested in writing by the prosecuting attorney or the
court to appear for the purpose of giving testimony in a criminal
proceeding who resides outside the state or the county in which the
prosecution is pending shall be reimbursed by the state for the
reasonable and necessary transportation, meal, and lodging
expenses he incurs by reason of his attendance as a witness at such
proceeding.

(b) The state may reimburse a witness for transportation only if the
transportation is provided by a commercial transportation company
or the witness uses the witness's personally owned or leased motor
vehicle. In this article, "commercial transportation company"
means an entity that offers transportation of people or goods to the
public in exchange for compensation.

(c) The state may reimburse a witness for lodging only if the
lodging is provided by a commercial lodging establishment. In this
article, "commercial lodging establishment" means a motel, hotel,
inn, apartment, or similar entity that offers lodging to the public
in exchange for compensation.

Amount of Reimbursement for Expenses

 

Sec. 2. Any person seeking reimbursement as a witness shall make an
affidavit setting out the transportation, meal, and lodging
expenses necessitated by his travel to and from and attendance at
the place he appeared to give testimony, together with the number of
days that such travel and attendance made him absent from his place
of residence. A reimbursement paid by the state to a witness for
transportation, meal, or lodging expenses may not be paid at a rate
that exceeds the maximum rates provided by law for state employees.

Direct Payment of Transportation or Lodging Expenses

 

Sec. 2A. If this article requires the state to reimburse a witness
for transportation or lodging expenses, the state may instead
directly pay a commercial transportation company or commercial
lodging establishment for those expenses.

Other Expenses

 

Sec. 3. In addition to reimbursement or payment for transportation,
meal, and lodging expenses , the comptroller, upon proper
application by the attorney for the state, shall reimburse or pay
the other expenses required by the laws of this state or the state
from which the attendance of the witness is sought.

Application and Approval by Judge

 

Sec. 4. A reimbursement to a witness as provided by this article
shall be paid by the state to the witness or his assignee. Claim
shall be made by sworn application to the comptroller, a copy of
which shall be filed with the clerk of the court, setting out the
facts showing entitlement as provided in this article to the
reimbursement, which application shall be presented for approval by
the judge who presided over the court or empaneled the grand jury
before whom the criminal proceeding was pending. No fee shall be
required of any witness for the processing of his claim for
reimbursement.

Payment by State

 

Sec. 5. The Comptroller of Public Accounts, upon receipt of a claim
approved by the judge, shall examine it and, if he deems the claim
in compliance with and authorized by this Article, draw his warrant
on the State Treasury for the amount due the witness, or to any
person to which the certificate has been assigned by the witness,
but no warrant may issue to any assignee of a witness claim unless
the assignment is made under oath and acknowledged before some
person authorized to administer oaths, certified to by the officer,
and under seal. If the appropriation for paying the account is
exhausted, the Comptroller of Public Accounts shall file it away
and issue a certificate in the name of the witness entitled to it,
stating therein the amount of the claim. Each claim not filed in
the office of the Comptroller of Public Accounts within twelve
months from the date it became due and payable shall be forever
barred.

Advance by State

 

Sec. 6. Funds required to be tendered to an out-of-state witness
pursuant to Article 24.28 of this Code shall be paid by the
Comptroller of Public Accounts into the registry of the Court in
which the case is to be tried upon certification by the Court such
funds are necessary to obtain attendance of said witness. The court
shall then cause to be issued checks drawn upon the registry of the
Court to secure the attendance of such witness. In the event that
such funds are not used pursuant to this Act, the Court shall return
the funds to the Comptroller of Public Accounts.

Advance by County

 

Sec. 7. The county in which a criminal proceeding is pending, upon
request of the district attorney or other prosecutor charged with
the duty of prosecution in the proceeding, may advance funds from
its treasury to any witness who will be entitled to reimbursement
under this article. The amount advanced may not exceed the amount
that is reasonably necessary to enable the witness to attend as
required or requested. However, the amount advanced may include
sums in excess of the reimbursement provided for by this article if
the excess is required for compliance with Section 4 of Article
24.28 in securing the attendance of a witness from another state
under the Uniform Act. A county that advances funds to a witness
under this section is entitled to reimbursement by the state as an
assignee of the witness .

Advance for Expenses for Witnesses of Indigent Defendant

 

Sec. 8. Upon application by a defendant shown to be indigent and a
showing to the court of reasonable necessity and materiality for
the testimony of a witness residing outside the State, the court
shall act pursuant to Section 6 hereof to secure advance of funds
necessary for the attendance of such witness.

Limitations

 

Sec. 9. A witness, when attached and conveyed by a sheriff or other
officer, is not eligible to receive reimbursement of
transportation, meal, or lodging expenses incurred while in the
custody of the officer. A court, in its discretion, may limit the
number of character witnesses allowed reimbursement under this
article to not fewer than two for each defendant and two per
defendant for the state.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1973, 63rd Leg., p. 1287, ch. 477, Sec. 2, eff. Aug.
27, 1973; Acts 1979, 66th Leg., p. 1039, ch. 469, Sec. 1, eff. Sept.
1, 1979.

Secs. 1, 2 amended by and Sec. 2A added by Acts 1993, 73rd Leg., ch.
449, Sec. 18, eff. Sept. 1, 1993; Secs. 3, 4 and 7 amended by Acts
1993, 73rd Leg., ch. 449, Sec. 18, eff. Sept. 1, 1993.

 

Art. 35.28. When no clerk

In each instance in Article 35.27 in which the clerk of the court is
authorized or directed to perform any act, the judge of such court
shall perform the same if there is no clerk of the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 35.29. Personal information about jurors

Information collected by the court or by a prosecuting attorney
during the jury selection process about a person who serves as a
juror, including the juror's home address, home telephone number,
social security number, driver's license number, and other personal
information, is confidential and may not be disclosed by the court,
the prosecuting attorney, the defense counsel, or any court
personnel except on application by a party in the trial or on
application by a bona fide member of the news media acting in such
capacity to the court in which the person is serving or did serve as
a juror. On a showing of good cause, the court shall permit
disclosure of the information sought.

Added by Acts 1993, 73rd Leg., ch. 371, Sec. 1, eff. Sept. 1, 1993.

 

 

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