§ 62.109 — EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT OR INABILITY TO COMPREHEND ENGLISH.

Texas § 62.109

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT OR INABILITY TO COMPREHEND ENGLISH. (a) The judge of a district court or, if authorized by the local administrative district judge or the county jury plan, the district clerk may permanently or for a specified period exempt from service as a juror in all the county and district courts in the county a person with a physical or mental impairment or with an inability to comprehend or communicate in the English language that makes it impossible or very difficult for the person to serve on a jury.
(b) A person requesting an exemption under this section must submit to the court or the district clerk described by Subsection (a) an affidavit stating the person's name and address and the reason for and the duration of the requested exemption. A person requesting an exemption due to a physical or mental impairment must attach to the affidavit a statement from a physician. The affidavit and physician's statement may be submitted to the court at the time the person is summoned for jury service or at any other time.
(b-1) The district clerk shall maintain a current list indicating the name of each person permanently or temporarily exempt under this section and the period of the exemption.
(c) The clerk of the district court shall promptly notify the voter registrar of the county of the name and address of each person permanently exempted. The voter registrar shall maintain a current register showing the name and address of each person permanently exempt from jury service under this section.
(d) A person included on the list maintained under Subsection (b-1) may not be summoned for jury service during the period for which the person is exempt. The name of a person included on the list maintained under Subsection (b-1) may not be placed in the jury wheel or otherwise used in preparing the record of names from which a jury list is selected during the period for which the person is exempt.
(e) A person exempt from jury service under this section may rescind the exemption at any time by filing a signed request for the rescission with the district clerk of the county.
(f) An affidavit accompanying a request for an exemption from jury service because of a physical or mental impairment may be presented by the affiant or by a friend or relative of the affiant. The affidavit must state:
(1) the name and address of the physician whose statement accompanies the affidavit;
(2) whether the request is for a permanent or temporary exemption;
(3) the period of time for which a temporary exemption is requested; and
(4) that as a direct result of the physical or mental impairment it is impossible or very difficult for the affiant to serve on a jury.
(g) An affidavit accompanying a request for an exemption from jury service because of an inability to comprehend or communicate in the English language must be presented by the affiant in person. The affidavit must:
(1) be sworn to by the affiant in person before the district clerk or a deputy district clerk; and
(2) be subscribed with a statement by a third party that the affidavit was read to the affiant before signing and that the affiant stated that it was his request to be permanently exempted from jury service in the county.
(h) The name and address of a person exempted from jury service under this section shall be added to or deleted from the list or register at any time permitted by law and when the names and addresses of eligible jurors are regularly deleted or added to the list or register.

Legislative History

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 24 (S.B. 85 ), Sec. 3, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474 ), Sec. 8.023, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 597 (H.B. 2637 ), Sec. 12, eff. September 1, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ), Sec. 13.04, eff. December 4, 2025.