Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 4749 seeks to address the challenge of forming grand and petit juries in rural Texas counties with populations under 1,000 by broadening the eligible juror pool. Under current law, jurors must reside within the county where they serve, which poses difficulties for counties with limited populations. This bill amends the Texas Code of Criminal Procedure and the Government Code to allow residents of contiguous counties within the same judicial district to serve as jurors in these small counties, provided they meet standard qualifications, including being eligible to vote and holding a valid Texas driver’s license or ID.

The legislation adds flexibility in the reconstitution of the jury wheel—a method for randomly selecting jurors—by permitting these small counties to include voter registration and Department of Public Safety records from neighboring counties. However, the bill ensures that individuals with disqualifying criminal records or legal incapacitations are excluded, maintaining the integrity and reliability of the jury process. These measures are explicitly designed for counties with fewer than 1,000 residents, thereby targeting the reform to areas with the most acute need for expanded jury pools.

By enabling a broader selection of qualified individuals without diluting legal standards, HB 4749 helps rural counties fulfill their constitutional obligations to provide jury trials. This legislative change ensures the continued functionality of the judicial process in sparsely populated areas, supports access to justice, and reduces the risk of trial delays or procedural challenges due to an insufficient number of eligible jurors.

The original version of HB 4749 and the Committee Substitute both aim to expand the jury pool in rural Texas counties by allowing residents of nearby counties to serve as jurors. However, there are several key differences between the two versions that reflect a tightening of scope and refinement of language in the substitute bill.

First, the original bill applied these provisions to counties with populations of less than 25,000. In contrast, the committee substitute significantly narrows the application by limiting the provisions to counties with populations of less than 1,000. This change indicates a more targeted legislative intent, focusing the reform strictly on the most rural counties facing acute challenges in forming juries.

Second, in the original bill, the reconstitution of the jury wheel could include residents from contiguous counties, as long as they were within the same judicial district, and the criteria for juror eligibility included voter registration or a valid DPS-issued ID. The substitute version retains these eligibility requirements but adds more precise cross-references to the relevant disqualification clauses and also includes parallel amendments to Article 19A of the Texas Code of Criminal Procedure, which specifically governs grand jury service—a provision not found in the original.

Third, the original version includes amendments to Section 62.102 (petit juror qualifications) of the Government Code, expanding eligibility similarly to how grand jury eligibility is addressed. The substitute, however, moves much of this detail into Article 19A.101 and Article 19A.201 of the Code of Criminal Procedure, indicating a shift to more explicitly regulate both petit and grand juries under consistent procedural laws, rather than relying solely on the Government Code.

In summary, the substitute version of HB 4749 is more narrowly tailored, focusing on the smallest counties, and more procedurally refined, aligning juror qualification standards and jury wheel reconstitution under clearer and more consolidated statutory authority. This enhances legal clarity and likely improves enforceability.

Author

Brooks Landgraf

Sponsor

Kevin Sparks

Contact the Author

Rep. Brooks Landgraf

Capitol Phone:

(512) 463-0546

Capitol Office:

EXT E2.602

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 4749 are expected to be minimal. The bill is not anticipated to have a significant financial impact on the state. The report states that any costs associated with implementing the bill’s provisions—such as modifying jury wheel procedures to include eligible residents from contiguous counties—can be absorbed within existing agency resources, including those of the Office of Court Administration.

For local governments, the bill similarly carries no significant fiscal burden. The use of existing voter registration and Department of Public Safety records from contiguous counties does not appear to necessitate major new expenditures or infrastructure changes at the county level. The integration of these external data sources into the jury selection process would likely be a procedural adjustment rather than a financially intensive operation.

Overall, the bill's narrowly defined applicability (limited to counties with populations under 1,000) further minimizes its potential fiscal footprint. Because it affects only a small number of jurisdictions and leverages existing legal and administrative mechanisms, HB 4749 represents a low-cost strategy for ensuring the viability of the jury system in rural Texas.

Vote Recommendation Notes

HB 4749 is a narrowly tailored bill that responsibly addresses a specific procedural gap affecting rural Texas counties with populations under 1,000. Its primary goal is to ensure these counties can fulfill constitutional jury requirements by expanding the eligible juror pool to include residents from contiguous counties within the same judicial district. This supports the fair and timely administration of justice in areas where finding sufficient qualified jurors is often impractical due to low population density.

Crucially, the bill does not grow the size or scope of government. It does not create new agencies or require any new governmental functions—it merely allows existing local judicial systems to draw from a broader set of already-vetted individuals. Similarly, it imposes no new taxes or financial burdens on state or local governments. The Legislative Budget Board has confirmed that any administrative costs resulting from the bill can be absorbed using current resources, and no significant fiscal impact is anticipated.

HB 4749 also does not increase regulatory burdens on individuals or businesses. It solely affects public administration related to jury service and even then, only in a limited geographical and procedural context. The bill strengthens core liberty principles, particularly Individual Liberty and Limited Government, by ensuring access to jury trials without unnecessary bureaucratic expansion.

Taken together, the bill offers a common-sense, low-cost solution to a recurring legal issue in rural counties, without expanding government power, increasing taxpayer burden, or creating new regulations. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 4749.

The bill reinforces constitutional protections under both the U.S. and Texas Constitutions by ensuring rural residents have continued access to grand and petit juries—a fundamental aspect of due process. In areas with very small populations, courts may otherwise struggle to seat juries, potentially delaying justice or compromising legal proceedings. By allowing qualified residents from neighboring counties to serve, the bill protects the right to a fair trial, a cornerstone of individual liberty.
The bill neither promotes nor diminishes the principle of personal responsibility. It does not impose new obligations on individuals, nor does it relieve anyone of their civic duties. Those who are eligible for jury service under the revised criteria are still subject to the same expectations as in-county jurors.
HB 4749 does not affect the business environment or economic regulation. It neither imposes restrictions nor provides incentives for private enterprise. Its scope is strictly procedural and confined to the administration of justice within government systems.
There are no direct or indirect effects on property ownership, land use, or eminent domain. The bill does not expand governmental reach into private property issues, nor does it protect or impair property rights.
Rather than expanding government authority, the bill offers a limited, efficient fix to a systemic issue faced by rural counties. It avoids overhauling the judicial system or creating new structures and instead adapts existing processes to better serve low-population areas. Importantly, it places no additional financial or administrative burden on the state or localities, according to the fiscal note. This aligns with a key tenet of limited government: solving problems without expanding power or cost.

Related Legislation

SB 1888 (Similar To)

View Bill Text and Status