Narrative
Juror Compensation Explicitly Addressed State Law
Tex. Crim. Code Proc. Art. 104.001. Jury Pay and Expenses for Jurors.
(a) The sheriff of a county shall, with the approval of the commissioners court, provide food and lodging for jurors impaneled in a felony case tried in the county. A juror may pay his own expenses and draw his script.
(b) A juror in a felony case is entitled to receive as jury pay the amount authorized by Article 2122, Revised Statutes.
(c) The county treasurer shall pay a juror the amount due the juror for expenses under this article after receiving a certificate from a clerk of a court or justice of the peace stating the amount due the juror.
(d) A draft or certificate issued under this article may be transferred by delivery and, without further action of any authority except registration by the county treasurer, may be used at par to pay county taxes owed by the holder of the draft or certificate.
(e) If a defendant is indicted in one county and tried in another county after a change of venue, the county in which the defendant was indicted is liable for jury pay and expenses paid to jurors by the county trying the case.
(f) At each regular meeting of the commissioners court of a county, the court shall determine whether, since the last regular meeting of the court, a defendant described by Subsection (e) has been tried in the county. The commissioners court shall prepare an account against another county liable for jury pay and expenses under this article. The account must show the number of days the jury was impaneled in the case and the jury pay and expenses incurred by the county in the case.
(g) The county judge of the county in which the defendant was tried shall certify the correctness of the account and send the account to the county judge of the county in which the defendant was indicted. The county in which the defendant was indicted shall pay the account in the same manner required for payment of the expenses of transferred prisoners under Article 104.002.
Tex Govt Code Sec. 61.001. Reimbursement of Expenses of Jurors and Prospective Jurors.
(a) Except as provided by Subsection (c), a person who reports for jury service in response to the process of a court is entitled to receive as reimbursement for travel and other expenses an amount:
(1) not less than $6 for the first day or fraction of the first day the person is in attendance in court in response to the process and discharges the person’s duty for that day; and
(2) not less than $40 for each day or fraction of each day the person is in attendance in court in response to the process after the first day and discharges the person’s duty for that day.
(a-1), (a-2) [Expired pursuant to Acts 2011, 82nd Leg., 1st C.S., ch. 4 (S.B. 1), § 40.01, effective September 1, 2013.]
(b) In preparing and approving the annual budget for a county, the commissioners court of the county shall determine the daily amount of reimbursement for expenses for a person who reports for jury service and discharges the person’s duty. The amount of reimbursement for each day 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 amounts of reimbursement for:
(1) grand and petit jurors; or
(2) different petit jurors based on:
(A) whether a juror serves in a small claims court, justice court, constitutional county court, county court at law, or district court; or
(B) any other reasonable criteria determined by the commissioners court.
(c) A person who reports for jury service in a municipal court is not entitled to reimbursement under this chapter, but the municipality may provide reimbursement for expenses to the person in an amount to be determined by the municipality.
(d) In a specific case, the presiding judge, with the agreement of the parties involved or their attorneys, may increase the daily amount of reimbursement for a person who reports for jury service in that case. The difference between the usual daily amount of reimbursement and the daily amount of reimbursement for a person who reports for jury service in a specific case shall be paid, in equal amounts, by the parties involved in the case.
(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 person who reports for jury service for purposes of Chapters 72 and 74, Property Code. If a check, instrument, or other method of payment authorized under Section 113.048, Local Government Code, representing a reimbursement under this section is not presented for payment or redeemed before the 90th day after it is issued:
(1) the instrument or other method of payment is considered forfeited and is void; and
(2) the money represented by the instrument or other method of payment may be placed or retained 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.
Only State Funds Pay
Tex. Local Govt Code Sec. 133.122. Allocation of Fees to Jury Service Fund.
(a) The jury service fund is created in the state treasury. The fund consists of money allocated to the fund under Section 133.102(e). Money in the fund may be appropriated only to provide juror reimbursements to counties.
(b) If, at any time, the unexpended balance of the jury service fund exceeds $10 million, the comptroller shall transfer the amount in excess of $10 million to the fair defense account.
Tex. Crim. Code Proc. Art. 104.001. Jury Pay and Expenses for Jurors.
(a) The sheriff of a county shall, with the approval of the commissioners court, provide food and lodging for jurors impaneled in a felony case tried in the county. A juror may pay his own expenses and draw his script.
(b) A juror in a felony case is entitled to receive as jury pay the amount authorized by Article 2122, Revised Statutes.
(c) The county treasurer shall pay a juror the amount due the juror for expenses under this article after receiving a certificate from a clerk of a court or justice of the peace stating the amount due the juror.
(d) A draft or certificate issued under this article may be transferred by delivery and, without further action of any authority except registration by the county treasurer, may be used at par to pay county taxes owed by the holder of the draft or certificate.
(e) If a defendant is indicted in one county and tried in another county after a change of venue, the county in which the defendant was indicted is liable for jury pay and expenses paid to jurors by the county trying the case.
(f) At each regular meeting of the commissioners court of a county, the court shall determine whether, since the last regular meeting of the court, a defendant described by Subsection (e) has been tried in the county. The commissioners court shall prepare an account against another county liable for jury pay and expenses under this article. The account must show the number of days the jury was impaneled in the case and the jury pay and expenses incurred by the county in the case.
(g) The county judge of the county in which the defendant was tried shall certify the correctness of the account and send the account to the county judge of the county in which the defendant was indicted. The county in which the defendant was indicted shall pay the account in the same manner required for payment of the expenses of transferred prisoners under Article 104.002.
State Reimburses Counties Juror Compensation Fees
Tex Gov't Code Sec. 61.0015. Reimbursement to County.
(a) The state shall reimburse a county $34 a day for the reimbursement paid under Section 61.001 to a person who reports for jury service in response to the process of a court for each day or fraction of each day after the first day in attendance in court in response to the process.
(a-1), (a-2) [Expired pursuant to Acts 2011, 82nd Leg., 1st C.S., ch. 4 (S.B. 1), § 40.02, effective September 1, 2013.]
(b) The commissioners court of a county entitled to reimbursement under this section may file a claim for reimbursement with the comptroller.
(c) The comptroller shall pay claims for reimbursement under this section quarterly to the county treasury of each county that filed a claim from money collected under Subchapter B, Chapter 133, Local Government Code, and deposited in the jury service fund.
(d) If sufficient money described by Subsection (c) is not available to satisfy the claims for reimbursement filed by the counties under this section, the comptroller shall apportion the available money among the counties by reducing the amount payable to each county on an equal percentage basis.
(e) If a payment on a county’s claim for reimbursement is reduced under Subsection (d), or if a county fails to file the claim for reimbursement in a timely manner, the comptroller shall:
(1) pay the balance owed to the county when sufficient money described by Subsection (c) is available; or
(2) carry forward the balance owed to the county and pay the balance to the county when the next payment is required.
(e-1)[Expired pursuant to Acts 2011, 82nd Leg., 1st C.S., ch. 4 (S.B. 1), § 40.02, effective September 1, 2013.]
History
County Local Funds Solely Pay
Amount Involves Supplement
Tex. Crim. Code Proc. Art. 104.001. Jury Pay and Expenses for Jurors.
(a) The sheriff of a county shall, with the approval of the commissioners court, provide food and lodging for jurors impaneled in a felony case tried in the county. A juror may pay his own expenses and draw his script.
(b) A juror in a felony case is entitled to receive as jury pay the amount authorized by Article 2122, Revised Statutes.
(c) The county treasurer shall pay a juror the amount due the juror for expenses under this article after receiving a certificate from a clerk of a court or justice of the peace stating the amount due the juror.
(d) A draft or certificate issued under this article may be transferred by delivery and, without further action of any authority except registration by the county treasurer, may be used at par to pay county taxes owed by the holder of the draft or certificate.
(e) If a defendant is indicted in one county and tried in another county after a change of venue, the county in which the defendant was indicted is liable for jury pay and expenses paid to jurors by the county trying the case.
(f) At each regular meeting of the commissioners court of a county, the court shall determine whether, since the last regular meeting of the court, a defendant described by Subsection (e) has been tried in the county. The commissioners court shall prepare an account against another county liable for jury pay and expenses under this article. The account must show the number of days the jury was impaneled in the case and the jury pay and expenses incurred by the county in the case.
(g) The county judge of the county in which the defendant was tried shall certify the correctness of the account and send the account to the county judge of the county in which the defendant was indicted. The county in which the defendant was indicted shall pay the account in the same manner required for payment of the expenses of transferred prisoners under Article 104.002.
Per Diem Amount
Tex. Govt. Code Sec. 61.0015. Reimbursement to County.
(a) The state shall reimburse a county $34 a day for the reimbursement paid under Section 61.001 to a person who reports for jury service in response to the process of a court for each day or fraction of each day after the first day in attendance in court in response to the process.
Tex. Govt Code Sec. 61.001. Reimbursement of Expenses of Jurors and Prospective Jurors.
(a) Except as provided by Subsection (c), a person who reports for jury service in response to the process of a court is entitled to receive as reimbursement for travel and other expenses an amount:
(1) not less than $6 for the first day or fraction of the first day the person is in attendance in court in response to the process and discharges the person’s duty for that day; and
(2) not less than $40 for each day or fraction of each day the person is in attendance in court in response to the process after the first day and discharges the person’s duty for that day.
(a-1), (a-2) [Expired pursuant to Acts 2011, 82nd Leg., 1st C.S., ch. 4 (S.B. 1), § 40.01, effective September 1, 2013.]
(b) In preparing and approving the annual budget for a county, the commissioners court of the county shall determine the daily amount of reimbursement for expenses for a person who reports for jury service and discharges the person’s duty. The amount of reimbursement for each day 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 amounts of reimbursement for:
(1) grand and petit jurors; or
(2) different petit jurors based on:
(A) whether a juror serves in a small claims court, justice court, constitutional county court, county court at law, or district court; or
(B) any other reasonable criteria determined by the commissioners court.
(c) A person who reports for jury service in a municipal court is not entitled to reimbursement under this chapter, but the municipality may provide reimbursement for expenses to the person in an amount to be determined by the municipality.
(d) In a specific case, the presiding judge, with the agreement of the parties involved or their attorneys, may increase the daily amount of reimbursement for a person who reports for jury service in that case. The difference between the usual daily amount of reimbursement and the daily amount of reimbursement for a person who reports for jury service in a specific case shall be paid, in equal amounts, by the parties involved in the case.
(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 person who reports for jury service for purposes of Chapters 72 and 74, Property Code. If a check, instrument, or other method of payment authorized under Section 113.048, Local Government Code, representing a reimbursement under this section is not presented for payment or redeemed before the 90th day after it is issued:
(1) the instrument or other method of payment is considered forfeited and is void; and
(2) the money represented by the instrument or other method of payment may be placed or retained 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.
Per Diem Rate Increases After Certain Number of Days
Extended Lengthy Trial Fund Specific Fund
Are Jobs Protected
Tex. Civ. Prac. & Rem. Code Sec. 122.001. Protection of Jurors’ Employment; Juror’s Right to Reemployment; Notice of Intent to Return.
(a) An employer may not discharge, threaten to discharge, intimidate, or coerce any permanent employee because the employee serves as a juror or grand juror, or for the employee’s attendance or scheduled attendance in connection with the service, in any court in the United States.
(b) An employee who is discharged, threatened with discharge, intimidated, or coerced in violation of this section is entitled to return to the same employment that the employee held when summoned for jury or grand jury service if the employee, as soon as practical after release from jury service, gives the employer actual notice that the employee intends to return.
Jurors Entitled to Both Juror Compensation
Tex. Educ. COde Sec. 22.006. Discrimination Based on Jury Service Prohibited.
(a) A school district may not discharge, discipline, reduce the salary of, or otherwise penalize or discriminate against a school district employee because of the employee’s compliance with a summons to appear as a juror.
(b) For each regularly scheduled workday on which a nonsalaried employee serves in any phase of jury service, a school district shall pay the employee the employee’s normal daily compensation.
(c) An employee’s accumulated personal leave may not be reduced because of the employee’s service in compliance with a summons to appear as a juror.
**State employees** Tex. Gov't Code Sec. 659.005. Witness Fees; Jury Service.
(a) A deduction may not be made from the salary or wages of a state employee because the employee is called for jury service, including a deduction for any fee or compensation the employee receives for the jury service.
Juror Either Paid by Employer or by State
Transportation Transit Reimbursement
Tex Govt Code Sec. 61.001. Reimbursement of Expenses of Jurors and Prospective Jurors.
(a) Except as provided by Subsection (c), a person who reports for jury service in response to the process of a court is entitled to receive as reimbursement for travel and other expenses an amount:
(1) not less than $6 for the first day or fraction of the first day the person is in attendance in court in response to the process and discharges the person’s duty for that day; and
(2) not less than $40 for each day or fraction of each day the person is in attendance in court in response to the process after the first day and discharges the person’s duty for that day.
Parking Provided Full
Childcare Provided Full
Juror can Return Juror Fees
Payer
Explicit Rule
Yes
Only state funds to pay for jury compensation
Yes
State reimburses county
Yes
Only county/local funds to pay for jury compensation
No
County/local funds can supplement state compensation
Yes
Extent of Payment
Explicit employer protections
Yes
Juror entitled to both juror compensation and regular employment wages
No
Juror can only receive one: Juror compensation or regular employment wages
No
Per diem amount
Yes
Per diem rate increases after certain number of days
Yes
Extended/Lengthy Trial Fund: Specific Funding Source for this additional, extended funding
No
Other Provisions
Transportation/Transit reimbursement
Yes
Parking provided
No
Child care provided/reimbursed
No
Juror can return juror fees, or waive per diem
No
Disclaimer
The information provided on this website does not, and is not intended to, constitute legal advice.