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GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE E. JURIES

CHAPTER 62. PETIT JURIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 62.001. JURY SOURCE; RECONSTITUTION OF JURY WHEEL. (a)

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 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(1), (2), or (7).

(b) Notwithstanding Subsection (a), 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 and

62.109.

the date provided by Section 16.032, Election Code, for the

cancellation of voter registrations, whichever is earlier, the

voter registrar of each county shall furnish to the secretary of

state a current voter registration list from all the precincts in

the county that, except as provided by Subsection (d), includes:

(1) the complete name, mailing address, date of birth, voter

registration number, and precinct number for each voter;

(2) if available, the Texas driver's license number or personal

identification card or certificate number and social security

number for each voter; and

(3) any other information included on the voter registration

list of the county.

(d) The list required by Subsection (c) may exclude, at the

option of the voter registrar of each county, the names of

persons on the suspense list maintained under Section 15.081,

Election Code.

(e) The voter registrar shall send a list of the names of

persons excluded to the secretary of state with the list required

by Subsection (c).

(f) The Department of Public Safety shall furnish a list to the

secretary of state that shows the names required under Subsection

(a)(2) and that contains any of the information enumerated in

Subsection (c) that is available to the department, including

citizenship status and county of residence. The list shall

exclude the names of convicted felons, persons who are not

citizens of the United States, persons residing outside the

county, and the duplicate name of any registrant. The department

shall furnish the list to the secretary of state on or before the

first Monday in October of each year.

(g) The secretary of state shall accept the lists furnished as

provided by Subsections (c) through (f). The secretary of state

shall combine the lists, eliminate duplicate names, and send the

combined list to each county on or before December 31 of each

year or as may be required under a plan developed in accordance

with Section 62.011. The district clerk of a county that has

adopted a plan under Section 62.011 shall give the secretary of

state notice not later than the 90th day before the date the list

is required. The list furnished the county must be in a format,

electronic or printed copy, as requested by the county and must

be certified by the secretary of state stating that the list

contains the names required by Subsections (c) through (f),

eliminating duplications. The secretary of state shall furnish

the list free of charge.

(h) If the secretary of state is unable to furnish the list as

provided in this section because of the failure of the voter

registrar to furnish the county voter registration list to the

secretary of state, the county tax assessor-collector, sheriff,

county clerk, and district clerk in the county shall meet at the

county courthouse between January 1 and January 15 of the

following year and shall reconstitute the jury wheel for the

county, except as provided under a plan adopted under Section

62.011. The deadlines included in the plan control for preparing

the list and reconstituting the wheel. The secretary of state

shall send the list furnished by the Department of Public Safety

as provided by Subsection (f) to the voter registrar, who shall

combine the lists as described in this section for use as the

juror source and certify the combined list as required of the

secretary of state under Subsection (g).

(i) The commissioners court may, instead of using the method

provided by Subsections (c) through (h), contract with another

governmental unit or a private person to combine the voter

registration list with the list furnished by the Department of

Public Safety. Subsections (c) through (h) do not apply to a

county in which the commissioners court has contracted with

another governmental unit or a private person under this

subsection. The Department of Public Safety may not charge a fee

for furnishing a list under this subsection. Each list must

contain the name, date of birth, address, county of residence,

and citizenship status of each person listed. If practical, each

list must contain any other information useful in determining if

the person is qualified to serve as a juror.

(j) Notwithstanding Subsection (a), in a county with a

population of 250,000 or more, the names of persons who are

summoned for jury service in the county and who appear for

service must be removed from the jury wheel and may not be

maintained in the jury wheel until the third anniversary of the

date the person appeared for service or until the next date the

jury wheel is reconstituted, whichever date occurs earlier. This

subsection applies regardless of whether the person served on a

jury as a result of the summons.

(k) In reconstituting the jury wheel, the county or district

clerk shall update jury wheel cards to reflect addresses that

have been changed as provided by Section 62.0146.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 132, Sec. 1, eff. Sept. 1,

1989; Acts 1989, 71st Leg., ch. 789, Sec. 1, eff. June 15, 1989;

Acts 1991, 72nd Leg., ch. 442, Sec. 1, eff. Jan. 1, 1992; Acts

1997, 75th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 640, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th

Leg., ch. 571, Sec. 1, eff. June 11, 2001.

Sec. 62.002. JURY WHEEL CARDS. (a) The officials or their

deputies who reconstitute the jury wheel shall write on a

separate jury wheel card of uniform size and color the name and,

if possible, the post office address of each prospective juror

that resides in the county and whose name appears on the current

lists used under Section 62.001. The name of each prospective

juror may appear on only one card.

(b) In a county with a population of 140,000 or more, the

commissioners court shall employ typists who shall type the names

and addresses of qualified prospective jurors on separate jury

wheel cards of uniform size and color under the direction and

control of the district clerk. The expenses incurred in typing

the names and addresses must be authorized, reported, and paid

and accounted for under the laws and rules that govern the

payment of other expenses of the office of district clerk. The

compensation of the typists and the expenses are paid from the

jury fund.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 132, Sec. 2, eff. Sept. 1,

1989.

Sec. 62.003. CONSTRUCTION AND SECURITY OF JURY WHEEL. (a) The

commissioners court shall provide a jury wheel in which to

deposit the jury wheel cards.

(b) The jury wheel must revolve freely on its axle and be

constructed of a durable material. The jury wheel may be equipped

with a motor capable of revolving the wheel in a manner that

thoroughly mixes the jury wheel cards.

subchapter, the jury wheel shall be locked by using two separate

locks. The key to one lock may not open the other lock. The

clasps attached to the jury wheel onto which the two locks are

fitted must be arranged so that the jury wheel may be opened only

if the two locks are unlocked at the same time. The sheriff shall

keep the key to one lock. The district clerk shall keep the key

to the other lock.

(d) The sheriff and the district clerk may not open the jury

wheel or permit it to be opened except at a time and in a manner

authorized by this subchapter, or permit another person to open

the wheel if the person is not authorized by this subchapter to

open the wheel.

(e) The sheriff and the district clerk shall keep the jury

wheel, when not in use, in a safe place with security that

prevents anyone from tampering with the jury wheel.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.004. DRAWING NAMES FOR JURY LISTS. (a) The county

clerk and the sheriff of the county shall draw the names of the

prospective jurors for a county court from the jury wheel in the

presence and under the direction of the county judge. The

district clerk and the sheriff or any constable of the county

shall draw the names of the prospective jurors for a justice

court, county court at law, or district court from the jury wheel

in the presence and under the direction of the district judge.

(b) The county or district clerk and the sheriff or constable

shall draw the names of prospective jurors from the jury wheel

after the wheel has been turned to thoroughly mix the jury wheel

cards and shall draw the names one by one if so directed by the

judge in whose presence the names are drawn. The names of

prospective jurors shall be drawn at least 10 days before the

first day of the term of court.

shall draw as many jury lists as are required for the term of

court. They shall record the names that are drawn on as many

lists as the judge in whose presence the names are drawn

considers necessary to ensure an adequate number of jurors for

the term.

(d) A deputy may represent the county or district clerk or the

sheriff or constable at the drawing. Other persons may be present

only as provided by this subchapter.

(e) An official attending the drawing may not divulge to anyone

the name of a person that is drawn as a prospective juror.

(f) The names of additional prospective jurors may be drawn as

needed in the manner provided by this section if it appears at

any time during the term of court that the jury lists already

drawn will be exhausted before the term expires.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 1, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 36, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1114, Sec. 1, eff. June 18, 2005.

Sec. 62.005. OBSERVATION OF DRAWING OF NAMES. (a) On written

application of a party in a case that is pending on the docket of

a justice, county, or district court for which a jury is

required, the party or his authorized representative may be

present and observe the drawing of the names of prospective

jurors from the jury wheel and the placement of the names on the

jury lists for the time period in which the party's case is set

for trial.

(b) The identity of the persons whose names are drawn from the

jury wheel and placed on the jury lists may not be revealed to

the observer.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 2, eff. Sept. 1,

1991.

Sec. 62.006. CERTIFICATION OF JURY LISTS. (a) The county or

district clerk or the clerk's deputy who draws the names of

prospective jurors and the judge in whose presence the names were

drawn for placement on jury lists shall certify the jury lists to

be the lists drawn for that term.

(b) Each certified jury list must be sealed in a separate

envelope that is endorsed, "List No. ______ of the petit jurors

drawn on the ______ day of __________, 19____, for the ______

Court of __________ County." The blanks in the endorsement on an

envelope must be properly filled. The envelopes shall be

consecutively numbered starting with the number one.

the names shall write his name across the seal of each envelope

and deliver the envelopes to the judge in whose presence the

names were drawn.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.007. ENVELOPES CONTAINING JURY LISTS; OATH. (a) The

justice of the peace or the county or district judge receiving an

envelope containing a jury list shall inspect the envelope for

proper endorsement.

(b) The judge shall return the envelope to the county or

district clerk or clerk's deputy on completion of his inspection

and may instruct the clerk or deputy to endorse on the envelope

that the jury for that week is to be summoned for a day other

than Monday of that week.

or deputy, the judge shall administer to the clerk and each of

the clerk's deputies an oath that in substance provides:

"You do solemnly swear that you will not open an envelope

containing a jury list now delivered to you nor permit an

envelope to be opened until the time prescribed by law; and that

you will not communicate to any person the names appearing on a

jury list nor directly or indirectly converse or communicate with

a person selected as a juror about a case pending for trial in

this court at its next term, so help you God."

(d) Immediately after the judge returns an envelope containing a

jury list to the clerk or deputy, the clerk shall file the

envelope in a secure place in his office.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 3, eff. Sept. 1,

1991.

Sec. 62.008. ENVELOPES CONTAINING JURY WHEEL CARDS. (a) At the

time that names are drawn for jury service and placed on a jury

list, the jury wheel cards containing the names on the jury list

shall be sealed in a separate envelope that is endorsed, "Cards

containing the names of jurors on List No. ______ of the petit

jurors drawn on the ______ day of __________, 19____, for the

______ Court of __________ County." The blanks in the endorsement

on an envelope shall be properly filled.

(b) The county or district clerk, as the case may be, shall

retain unopened a sealed envelope containing jury wheel cards in

a secure manner until the jurors selected from the jury list with

names corresponding to those on the jury wheel cards in the

envelope are impaneled for jury service.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.009. REUSE OF JURY WHEEL CARDS. (a) After jurors are

impaneled and serve at least four days, the clerk or his deputy

shall open the envelope containing the jury wheel cards with

names that correspond to those on a jury list from which the

impaneled jurors were selected for jury service.

(b) On opening the envelope, the clerk or his deputy shall

immediately return to the jury wheel each card in the envelope

with the name of a person who was not impaneled or who did not

serve at least four days and shall place in a box, for use by the

next officials selecting names of persons for the jury wheel,

each jury wheel card in the envelope with the name of a person

who served at least four days. However, the clerk or deputy

opening the envelope may withhold from the jury wheel all cards

selected for that jury list unless the judge orders him to return

the cards to the jury wheel.

used, the clerk or his deputy, immediately after the expiration

of the term, shall open the envelopes containing the jury wheel

cards with the names that appear on the unused lists and return

the jury wheel cards to the jury wheel.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.010. REFILLING OR REPLACEMENT OF JURY WHEEL. (a) If

all the jury wheel cards have been drawn from the jury wheel,

jury wheel cards shall immediately be returned to the jury wheel.

(b) If the jury wheel and its contents are lost or destroyed,

the jury wheel shall immediately be replaced and jury wheel cards

shall immediately be placed in the jury wheel as provided by this

subchapter.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.011. ELECTRONIC OR MECHANICAL METHOD OF SELECTION. (a)

On the recommendation of a majority of the district and criminal

district judges of a county, the commissioners court, by order

entered in its minutes, may adopt a plan for the selection of

names of persons for jury service with the aid of electronic or

mechanical equipment instead of drawing the names from a jury

wheel.

(b) A plan authorized by this section for the selection of names

of prospective jurors must:

(1) be proposed in writing to the commissioners court by a

majority of the district and criminal district judges of the

county at a meeting of the judges called for that purpose;

(2) specify that the source of names of persons for jury service

is the same as that provided by Section 62.001 and that the names

of persons listed in a register of persons exempt from jury

service may not be used in preparing the record of names from

which a jury list is selected, as provided by Sections 62.108 and

62.109;

(3) provide a fair, impartial, and objective method of selecting

names of persons for jury service with the aid of electronic or

mechanical equipment;

(4) designate the district clerk as the officer in charge of the

selection process and define his duties; and

(5) provide that the method of selection either will use the

same record of names for the selection of persons for jury

service until that record is exhausted or will use the same

record of names for a period of time specified by the plan.

of names of persons for jury service by the use of a jury wheel

do not apply in a county that adopts a plan authorized by this

section for the selection of names of prospective jurors by the

use of electronic or mechanical equipment.

(d) A state agency or the secretary of state may not charge a

fee for furnishing a list of names required by Section 62.001.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 132, Sec. 3, 4, eff. Sept.

1, 1989; Acts 1991, 72nd Leg., ch. 442, Sec. 2, eff. Jan. 1,

1992; Acts 1995, 74th Leg., ch. 677, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.0111. COMPUTER OR TELEPHONE RESPONSE TO SUMMONS. (a) A

plan authorized under Section 62.011 for the selection of names

of prospective jurors may allow for a prospective juror to appear

in response to a summons by:

(1) contacting the county officer responsible for summoning

jurors by computer;

(2) calling an automated telephone system; or

(3) appearing before the court in person.

(b) A plan adopted under Subsection (a) may allow for a

prospective juror to provide information to the county officer

responsible for summoning jurors or for the county officer to

provide information to the prospective juror by computer or

automated telephone system, including:

(1) information that permits the court to determine whether the

prospective juror is qualified for jury service under Section

62.102;

(2) information that permits the court to determine whether the

prospective juror is exempt from jury service under Section

62.106;

(3) submission of a request by the prospective juror for a

postponement of or excuse from jury service under Section 62.110;

(4) information for jury assignment under Section 62.016,

including:

(A) the prospective juror's postponement status;

(B) if the prospective juror could potentially serve on a jury

in a justice court, the residency of the prospective juror; and

in a criminal matter, whether the prospective juror has been

convicted of misdemeanor theft;

(5) completion and submission by the prospective juror of the

written jury summons questionnaire under Section 62.0132;

(6) the prospective juror's electronic mail address; and

(7) notification to the prospective juror by electronic mail of:

(A) whether the prospective juror is qualified for jury service;

(B) the status of the exemption, postponement, or judicial

excuse request of the prospective juror; or

panel.

purge the electronic mail address of a prospective juror

collected under Subsection (b):

(1) if the prospective juror serves on a jury, not later than

the 30th day after the date that:

(A) the county sends the person payment for jury service; or

(B) the county would otherwise send the person payment for jury

service, if the person has donated the payment under Section

61.003; or

(2) if the prospective juror does not serve on a jury, not later

than the 30th day after the date that the court releases the

person from jury service.

Added by Acts 2003, 78th Leg., ch. 276, Sec. 1, eff. Sept. 1,

2003.

Sec. 62.012. USE OF JURY LISTS. (a) When a justice of the

peace or a county or district judge requires a jury for a

particular week, the judge, within a reasonable time before the

prospective jurors are summoned, shall notify the county clerk,

for a county court jury, or the district clerk, for a justice or

district court jury, to open the next consecutively numbered

envelope containing a jury list that is in the clerk's possession

and has not been opened. The judge shall also notify the clerk of

the date that the prospective jurors are to be summoned to appear

for jury service.

(b) On receiving the notice from the judge, the clerk shall

immediately write on the jury list the date that the prospective

jurors are to be summoned to appear and shall deliver the jury

list to:

(1) the sheriff, for a county or district court jury; or

(2) the sheriff or constable, for a justice court jury.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 4, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 424, Sec. 1, eff. Sept. 1, 1993.

Sec. 62.0125. SUMMONS FOR JURY SERVICE ON GENERAL ELECTION DAY

PROHIBITED. Prospective jurors may not be summoned to appear for

jury service on the date of the general election for state and

county officers.

Added by Acts 2003, 78th Leg., ch. 398, Sec. 1, eff. Sept. 1,

2003.

Sec. 62.013. SUMMONS FOR JURY SERVICE BY SHERIFF OR CONSTABLE.

(a) Except as provided by Section 62.014, the sheriff or

constable, on receipt of a jury list from a county or district

clerk, shall immediately notify the persons whose names are on

the list to appear for jury service on the date designated by the

judge.

(b) The sheriff or constable shall notify each prospective juror

to appear for jury service:

(1) by an oral summons; or

(2) if the judge ordering the summons so directs, by a written

summons sent by registered mail or certified mail, return receipt

requested, or by first class mail to the address on the jury

wheel card or the address on the current voter registration list

of the county.

containing the summons is received by a person authorized by the

United States Postal Service to receive it.

(d) The content of an oral or written summons to appear for jury

service is sufficient if it includes the time and place for the

appearance of the prospective juror for jury service, the purpose

for which he is to appear, and the penalty for his failure to

appear as required.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 424, Sec. 2, eff. Sept. 1,

1993.

Sec. 62.0131. FORM OF WRITTEN JURY SUMMONS. (a) The Office of

Court Administration of the Texas Judicial System shall develop

and maintain a model for a uniform written jury summons in this

state.

(b) The model must include:

(1) the exemptions and restrictions governing jury service under

Subchapter B; and

(2) the information under Chapter 122, Civil Practice and

Remedies Code, relating to the duties of an employer with regard

to an employee who is summoned for jury service.

established under this section.

(d) In developing and maintaining the model required by this

section, the Office of Court Administration of the Texas Judicial

System shall solicit and consider the opinions of the members of

the judiciary, district clerks, and attorneys.

Added by Acts 1999, 76th Leg., ch. 539, Sec. 1, eff. Sept. 1,

1999.

Sec. 62.0132. WRITTEN JURY SUMMONS QUESTIONNAIRE. (a) The

Office of Court Administration of the Texas Judicial System shall

develop and maintain a questionnaire to accompany a written jury

summons.

(b) A written jury summons must include a copy of the

questionnaire developed under this section.

biographical and demographic information that is relevant to

service as a jury member, including the person's:

(1) name, sex, race, and age;

(2) residence address and mailing address;

(3) education level, occupation, and place of employment;

(4) marital status and the name, occupation, and place of

employment of the person's spouse; and

(5) citizenship status and county of residence.

(d) A person who has received a written jury summons and a

written jury summons questionnaire shall complete and submit the

questionnaire when the person reports for jury duty.

(e) In developing and maintaining the questionnaire required by

this section, the Office of Court Administration of the Texas

Judicial System shall solicit and consider the opinions of the

members of the judiciary, district clerks, and attorneys.

(f) Except as provided by Subsection (g), information contained

in a completed questionnaire is confidential and is not subject

to Chapter 552.

(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; and

(3) a litigant and a litigant's attorney in a cause of action in

which the respondent to the questionnaire is a potential juror.

Added by Acts 1999, 76th Leg., ch. 539, Sec. 1, eff. Sept. 1,

1999.

Sec. 62.014. SUMMONS FOR JURY SERVICE BY BAILIFFS. (a) In a

county with at least nine district courts, the district judges

may direct that prospective jurors be summoned for jury service

by the sheriff or by a bailiff, or an assistant or deputy

bailiff, in charge of the central jury room and the general panel

of the county.

(b) A summons under this section to appear for jury service may

be made verbally in person, by registered mail, by ordinary mail,

or by any other method as determined by the district judges of

the county.

on the general jury panel serve as jurors in civil and criminal

cases, and additional summons for service in criminal cases is

not required.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to

any criminal penalty prescribed by law, a person summoned for

jury service who does not comply with the summons as required by

law or who knowingly provides false information in a request for

an exemption or to be excused from jury service is subject to a

contempt action punishable by a fine of not less than $100 nor

more than $1,000.

Added by Acts 1991, 72nd Leg., ch. 442, Sec. 3, eff. Jan. 1,

1992.

Amended by:

Acts 2005, 79th Leg., Ch.

1360, Sec. 3, eff. September 1, 2005.

Sec. 62.0142. NOTICE ON WRITTEN SUMMONS. If a written summons

for jury duty allows a person to claim a disqualification or

exemption by signing a statement and returning it to the clerk of

the court, the form must notify the person that by claiming a

disqualification or exemption based on the lack of citizenship or

lack of residence in the county the person might no longer be

eligible to vote in the county.

Added by Acts 2005, 79th Leg., Ch.

559, Sec. 1, eff. September 1, 2005.

Sec. 62.0143. POSTPONEMENT OF JURY SERVICE. (a) A person

summoned for jury service may request a postponement of the

person's initial appearance for jury service. The person may

request the postponement by contacting the clerk of the court in

person, in writing, or by telephone before the date on which the

person is summoned to appear.

(b) On receipt of a request under Subsection (a), the clerk of

the court shall grant the person a postponement if:

(1) the person has not been granted a postponement in that

county during the one-year period preceding the date on which the

person is summoned to appear; and

(2) the person and the clerk determine a substitute date on

which the person will appear for jury service that is not later

than six months after the date on which the person was originally

summoned to appear.

may request a subsequent postponement in the manner described by

Subsection (a). The clerk of the court may approve the

subsequent postponement only because of an extreme emergency that

could not have been anticipated, such as a death in the person's

family, sudden serious illness suffered by the person, or a

natural disaster or national emergency in which the person is

personally involved. Before the clerk may grant the subsequent

postponement, the person and the clerk must determine a

substitute date on which the person will appear for jury service

that is not later than six months after the date on which the

person was to appear after the postponement under Subsection (b).

Added by Acts 2005, 79th Leg., Ch.

1360, Sec. 4, eff. September 1, 2005.

Renumbered from Government Code, Section 62.0142 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(26), eff. September 1, 2007.

Sec. 62.0144. POSTPONEMENT OF JURY SERVICE IN CERTAIN COUNTIES.

(a) This section applies only to a county:

(1) with a population of 1.4 million or more; and

(2) that has within its boundaries at least two municipalities

that each have a population of 300,000 or more.

(b) A person summoned for jury service may request a

postponement of the person's initial appearance for jury service.

The person may request the postponement by contacting the clerk

of the court, or the court's designee, in person, in writing, or

by telephone before the date on which the person is summoned to

appear.

the court or the court's designee shall grant the person a

postponement if:

(1) the person has not been granted a postponement in that

county since the date on which the jury wheel from which the

person was selected to appear was most recently reconstituted;

and

(2) the person and the clerk or the court's designee determine a

substitute date on which the person will appear for jury service

that is not later than six months after the date on which the

person was originally summoned to appear.

(d) A person who receives a postponement under Subsection (c)

may request subsequent postponements in the manner described by

Subsection (b). The clerk of the court or the court's designee

may approve a subsequent postponement if the clerk or the court's

designee determines that the person has a legitimate reason for

requesting the postponement. Before the clerk or the court's

designee may grant the subsequent postponement, the person and

the clerk or the court's designee must determine a substitute

date on which the person will appear for jury service that is not

later than six months after the date on which the person was to

appear after the later of:

(1) the postponement under Subsection (c); or

(2) the most recent postponement granted under this subsection.

Added by Acts 2007, 80th Leg., R.S., Ch.

140, Sec. 1, eff. September 1, 2007.

Sec. 62.0145. REMOVAL OF CERTAIN PERSONS FROM POOL OF

PROSPECTIVE JURORS. Except as provided by Section 62.0146, if a

written summons for jury service sent by a sheriff, constable, or

bailiff is undeliverable, the county or district clerk may remove

from the jury wheel the jury wheel card for the person summoned

or remove the person's name from the record of names for

selection of persons for jury service under Section 62.011.

Added by Acts 1997, 75th Leg., ch. 777, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 571, Sec. 2, eff. June

11, 2001.

Sec. 62.0146. UPDATING ADDRESSES OF CERTAIN PERSONS IN POOL OF

PROSPECTIVE JURORS. If a written summons for jury service sent

by a sheriff, constable, or bailiff is returned with a notation

from the United States Postal Service of a change of address for

the person summoned, the county or district clerk may update the

jury wheel card to reflect the person's new address.

Added by Acts 2001, 77th Leg., ch. 571, Sec. 3, eff. June 11,

2001.

Sec. 62.015. SELECTION OF JURY PANEL. (a) On the day that

jurors appear for jury service in a justice, county, or district

court, the judge, if jury trials have been set, shall select from

the names on the jury lists a sufficient number of qualified

jurors to serve on the jury panel.

(b) If the court at any time does not have a sufficient number

of prospective jurors present whose names are on the jury lists

and who are not excused by the judge from jury service, the judge

shall order the sheriff or constable to summon additional

prospective jurors to provide the requisite number of jurors for

the panel. The names of additional jurors to be summoned by the

sheriff or constable to fill a jury panel shall be drawn from the

jury wheel under orders of the judge. Additional jurors summoned

to fill a jury panel shall be discharged when their services are

no longer required.

stand adjourned from jury service until a subsequent date in the

term, but a juror may not be paid for the time that he stands

adjourned from jury service.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 5, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 36, Sec. 2, eff. Sept. 1, 1997.

Sec. 62.016. INTERCHANGEABLE JURIES IN CERTAIN COUNTIES. (a)

In each county with at least three district or criminal district

courts, the district judges shall meet and determine the

approximate number of prospective jurors that are reasonably

necessary for each week of the year for a general panel of jurors

for service in the county court, the justice courts, and all

district and statutory county courts of the county. A majority of

the district judges may act to carry out the provisions of this

section.

(b) The district judges shall order that the number of names of

prospective jurors that they determine are reasonably necessary

for each week's general panel be drawn from the jury wheel. They

shall order the drawing of names of prospective jurors for as

many weeks in advance as they consider proper and may increase or

decrease the number of names drawn for any week.

judge to whom the general panels report for jury service. The

judge for the designated period shall organize, control, and

supervise the members of the general jury panel.

(d) The sheriff shall notify the persons whose names are drawn

from the jury wheel to appear before the designated judge for

jury service. The judge shall hear the excuses of the prospective

jurors and swear them in for jury service for the week for which

they are to serve as jurors.

(e) When impaneled, the prospective jurors constitute a general

jury panel for service as jurors in all justice, county, and

district courts in the county and shall be used interchangeably

in all of those courts. A county may summon jurors chosen for

service under this section to the justice court in the manner

prescribed by Section 62.412.

(f) In the event of a deficiency of jurors to satisfy the jury

requirements of the justice, county, and district courts, the

judge having control of the general jury panel shall order a

sufficient number of additional names drawn to meet the

emergency. The names of additional jurors for the general panel

must be drawn from the jury wheel except as provided by Section

62.011. The additional jurors act only as special jurors and

shall be discharged as soon as their services are no longer

required.

(g) If it becomes necessary to reduce the number of persons on

the general panel for the week of its selection because of a lack

of work in a court or for other cause, the judge having control

of the general jury panel shall cause the clerk to draw from the

general panel the number of names that the judge determines is

required for the week. The prospective jurors whose names are

drawn shall continue to serve on the general panel for the

remainder of the week, and the others are excused.

(h) In a county with a population of more than 900,000, the

district judges, by a majority vote, may authorize the drawing of

two general jury panels for the week, with one to be used in the

courts that have a criminal docket and the other to be used in

the courts that have a civil docket.

(i) Except as modified by this section and Section 62.011, the

law governing jury wheels applies in the counties that use

general jury panels interchangeably in their county and district

courts.

(j) This section does not apply to a selection of jurors in a

capital case or a mental health proceeding.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.80(a), eff.

Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 7, Sec. 6, eff. Sept. 1,

1991; Acts 1999, 76th Leg., ch. 838, Sec. 1, eff. June 18, 1999.

Sec. 62.017. INTERCHANGEABLE JURORS IN CERTAIN OTHER COUNTIES.

(a) In a county with two district courts, the judges of the two

courts may meet at a time fixed by them and determine the

approximate number of prospective jurors that are reasonably

necessary for each week of the year for a general panel of jurors

for service in both district courts. The judges shall act

together to carry out the provisions of this section.

(b) The district judges may order that the number of names of

prospective jurors that they determine is reasonably necessary

for each week's general panel be drawn from the jury wheel. They

may order the drawing of names of prospective jurors for as many

weeks in advance as they consider proper and may increase or

decrease the number of names drawn for any week.

judge to whom the general panels report for jury service. The

judge for the designated period shall organize, control, and

supervise the members of the general jury panel.

(d) The sheriff shall notify the persons whose names are drawn

from the jury wheel to appear before the designated judge for

jury service. The judge shall hear the excuses of the prospective

jurors and swear them in for jury service for the week for which

they are to serve as jurors.

(e) When impaneled, the prospective jurors constitute a general

jury panel for service as jurors in both district courts in the

county and shall be used interchangeably in those courts. With

the approval of both district judges, prospective jurors

impaneled under this section may constitute a general jury panel

for service as jurors in the justice courts, the county court,

and all statutory county courts in the county, in addition to

service as jurors in both district courts, and in that event,

shall be used interchangeably in all district, justice, and

county courts.

(f) In the event of a deficiency of jurors to satisfy the jury

requirements of any of the courts, the judge having control of

the general jury panel shall order sufficient additional names

drawn to meet the emergency. The names of additional jurors for

the general panel must be drawn from the jury wheel except as

provided by Section 62.011. The additional jurors act only as

special jurors and shall be discharged as soon as their services

are no longer required.

(g) If it becomes necessary to reduce the number of persons on

the general panel for the week of its selection because of a lack

of work in a court or for other cause, the judge having control

of the general jury panel shall cause the clerk to draw from the

general panel the number of names that the judge determines is

required for the week. The prospective jurors whose names are

drawn shall continue to serve on the general panel for the

remainder of the week, and the others are excused.

(h) Except as modified by this section and Section 62.011, the

law governing jury wheels applies in the counties that use

general jury panels interchangeably in their courts.

(i) This section does not apply to a selection of jurors in a

capital case or a mental health commitment.

(j) The method for interchangeable jury panels authorized by

this section is in addition to the other methods authorized by

this subchapter. The adoption of the method provided by this

section is in the discretion of the district judges of the

counties with two district courts.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 7, Sec. 7, eff. Sept. 1,

1991.

Sec. 62.0175. INTERCHANGEABLE JURORS IN COUNTIES WITH A SINGLE

DISTRICT COURT AND A SINGLE COUNTY COURT AT LAW WITH CONCURRENT

JURISDICTION. (a) In a county with only one district court and

only one county court at law that has concurrent jurisdiction

with the district court in any matter, the judges of the two

courts may meet at a time set by them and determine the

approximate number of prospective jurors that are reasonably

necessary for each week of the year for a general panel of jurors

for service in both courts. The judges shall act together to

carry out the provisions of this section.

(b) The judges may order that the number of names of prospective

jurors that they determine is reasonably necessary for each

week's general panel be drawn from the jury wheel. They may

order the drawing of names of prospective jurors for as many

weeks in advance as they consider proper and may increase or

decrease the number of names drawn for any week.

service, and the district judge shall organize, control, and

supervise the members of the general panel.

(d) The sheriff shall notify the persons whose names are drawn

from the jury wheel to appear before the district judge for jury

service. The judge shall hear the excuses of the prospective

jurors and swear them in for jury service for the week for which

they are to serve as jurors.

(e) When impaneled, the prospective jurors constitute a general

panel for service as jurors in both courts and shall be used

interchangeably in those courts. With the approval of both

judges, prospective jurors impaneled under this section may

constitute a general panel for service as jurors in the justice

courts, the county court, and all other county courts at law in

the county, in addition to service as jurors in the district

court and the county court at law that has concurrent

jurisdiction. In that event, the general panel shall be used

interchangeably in the district court, county court, county

courts at law, and justice courts.

(f) In the event of a deficiency of jurors to satisfy the jury

requirements of any of the courts, the district judge shall order

sufficient additional names drawn to meet the emergency. The

names of additional jurors for the general panel must be drawn

from the jury wheel except as provided by Section 62.011. The

additional jurors act only as special jurors and shall be

discharged as soon as their services are no longer required.

(g) If it becomes necessary to reduce the number of persons on

the general panel for the week of its selection because of a lack

of work in a court or for other cause, the district judge shall

cause the clerk to draw from the general panel the number of

names that the judge determines is required for the week. The

prospective jurors whose names are drawn shall continue to serve

on the general panel for the remainder of the week, and the

others are excused.

(h) Except as modified by this section and Section 62.011, the

law governing jury wheels applies in the counties that use

general panels interchangeably in their courts.

(i) This section does not apply to a selection of jurors in a

capital case or a mental health commitment.

Added by Acts 2005, 79th Leg., Ch.

1114, Sec. 2, eff. June 18, 2005.

Sec. 62.018. QUARTERS FOR GENERAL PANELS. (a) The

commissioners court of a county that uses an interchangeable

general jury panel shall provide a comfortable place in or near

the county courthouse for the use and convenience of the persons

on the panel.

(b) The persons on the panel shall stay in or conveniently near

the place provided for them when not in service so that they are

at all times subject to service in a court as provided by this

subchapter without delaying the proceedings of the court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.019. BAILIFFS FOR GENERAL PANELS. (a) Except as

provided by this section, the sheriff of a county that uses an

interchangeable general jury panel shall assign one of his

deputies to take care of the persons on the panel, provide for

their wants, and call them as their services are required by the

judges of the courts using the interchangeable jury panel. The

assigned deputy has general control of the persons on the panel

when they are not in actual service as jurors.

(b) In a county with at least nine district courts, a majority

of the district judges, with the approval of the commissioners

court, may appoint a bailiff, and the assistant or deputy

bailiffs that the judges consider necessary, to be in charge of

the central jury room and the general panel. If the district

judges in such a county appoint a bailiff and the necessary

assistant or deputy bailiffs, the sheriff may not assign a deputy

to the central jury room and the general panel. If the district

judges do not appoint a bailiff to be in charge of the central

jury room and the general panel, the sheriff shall perform the

duties in connection with the jury room and general panel as

provided by law.

district judges serves a two-year term beginning January 1 of

each odd-numbered year. The salary of each is set by the

commissioners court on the recommendation of the district judges.

(d) The bailiffs and assistant and deputy bailiffs appointed by

the district judges shall take care of the general panel and

perform the duties in connection with the supervision of the

central jury room and the general panel that are required by the

district judges. They may notify prospective jurors whose names

are drawn from the jury wheel or selected by other means provided

by law to appear for jury service and may serve notices on absent

jurors as directed by the district judge having control of the

general jury panel.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.020. ALTERNATE JURORS. (a) In district court, the

judge may direct that not more than four jurors in addition to

the regular jury be called and impaneled to sit as alternate

jurors.

(b) In county court, the judge may direct that not more than two

jurors in addition to the regular jury be called and impaneled to

sit as alternate jurors.

manner as regular jurors. An alternate juror must meet the same

qualifications, is subject to the same examination and

challenges, shall take the same oath, has the same functions,

powers, and privileges, and shall be accorded the same facilities

and security as a regular juror.

(d) In the order in which they are called, alternate jurors

shall replace jurors who, prior to the time the jury retires to

consider its verdict, become or are found to be unable or

disqualified to perform their duties. An alternate juror who does

not replace a regular juror shall be discharged after the jury

retires to consider its verdict.

(e) Each side is entitled to one peremptory challenge in

addition to those otherwise allowed by law or by rule if one or

two alternate jurors are to be impaneled. Each side is entitled

to two peremptory challenges in addition to those otherwise

allowed by law or by rule if three or four alternate jurors are

to be impaneled. The additional peremptory challenges may be used

against an alternate juror only, and the other peremptory

challenges allowed by law or by rule may not be used against an

alternate juror.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.021. DISMISSAL OF JUROR REMOVED FROM PANEL. In a county

with a population of 1.5 million or more, a prospective juror

removed from a jury panel for cause, by peremptory challenge or

for any other reason, must be dismissed from jury service. After

dismissal, the person may not be placed on another jury panel

until his name is returned to the jury wheel and drawn again for

jury service.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 70, eff. Sept. 1,

1991.

SUBCHAPTER B. JUROR QUALIFICATIONS

Sec. 62.101. JURY SERVICE. All individuals are competent petit

jurors unless disqualified under this subchapter and are liable

for jury service except as otherwise provided by this subchapter.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. 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 this state and of the county in which the

person is to serve as a juror;

(3) is qualified under the constitution and laws to vote in the

county in which the person is to serve as a juror;

(4) is of sound mind and good moral character;

(5) is able to read and write;

(6) 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;

(7) has not been convicted of misdemeanor theft or a felony; and

(8) is not under indictment or other legal accusation for

misdemeanor theft or a felony.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

801, Sec. 4, eff. September 1, 2005.

Sec. 62.103. SUSPENSION OF GENERAL QUALIFICATIONS. (a) A court

may suspend the qualification for jury service that requires a

person to be able to read and write if it appears to the court

that the requisite number of jurors able to read and write cannot

be found in the county.

(b) A court may suspend the qualification for jury service that

requires a person to have less than six days of service as a

petit juror during the preceding three months in the county court

or during the preceding six months in the district court if it

appears to the court that the county's sparse population makes

its enforcement seriously inconvenient.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.1031. FAILURE TO REGISTER TO VOTE. Failure to register

to vote does not disqualify a person from jury service.

Added by Acts 1989, 71st Leg., ch. 132, Sec. 5, eff. Sept. 1,

1989.

Sec. 62.104. DISQUALIFICATION FOR LEGAL BLINDNESS. (a) A

person who is legally blind is not disqualified to serve as a

juror in a civil case solely because of his legal blindness

except as provided by this section.

(b) A legally blind person is disqualified to serve as a juror

in a civil case if, in the opinion of the court, his blindness

renders him unfit to serve as a juror in that particular case.

(1) no more than 20/200 of visual acuity in the better eye with

correcting lenses; or

(2) 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.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 62.1041. DEAF OR HARD OF HEARING JUROR. (a) A deaf or

hard of hearing person is not disqualified to serve as a juror

solely because of hearing loss except as provided by this

section.

(b) A deaf or hard of hearing person is disqualified to serve as

a juror if, in the opinion of the court, his hearing loss renders

him unfit to serve as a juror in that particular case.

reasonably accommodated in accordance with the Americans with

Disabilities Act (42 U.S.C. Section 12101 et seq.). An

interpreter who is assisting a deaf or hard of hearing person

serving as a juror may accompany the juror during all proceedings

and deliberations in the case.

(d) If an interpreter is provided to a deaf or hard of hearing

person serving as a juror in a district, county, or justice

court, the county shall pay the cost of obtaining those services.

(e) A deaf or hard of hearing juror may request an auxiliary aid

or service for a municipal court proceeding. The city shall honor

the request unless the city can demonstrate that another

effective means of communication exists. The city shall pay the

cost unless the auxiliary aid or service will result in a

fundamental alteration of the municipal court proceeding or in

undue financial or administrative burdens.

(f) In this section, "deaf or hard of hearing" means having a

hearing impairment, regardless of the existence of a speech

impairment, that inhibits comprehension of an examination or

proceeding or communication with others.

Added by Acts 1987, 70th Leg., ch. 550, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 271, Sec. 1, eff.

Sept. 1, 1995.

Sec. 62.105. DISQUALIFICATION FOR PARTICULAR JURY. A person is

disqualified to serve as a petit juror in a particular case if

he:

(1) is a witness in the case;

(2) is interested, directly or indirectly, in the subject matter

of the case;

(3) is related by consanguinity or affinity within the third

degree, as determined under Chapter 573, to a party in the case;

(4) has a bias or prejudice in favor of or against a party in

the case; or

(5) has served as a petit juror in a former trial of the same

case or in another case involving the same questions of fact.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.81, eff. Sept.

1, 1987; Acts 1991, 72nd Leg., ch. 561, Sec. 23, eff. Aug. 26,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1,

1995.

Sec. 62.106. EXEMPTION FROM JURY SERVICE. (a) A person

qualified to serve as a petit juror may establish an exemption

from jury service if the person:

(1) is over 70 years of age;

(2) has legal custody of a child younger than 15 years of age

and the person's service on the jury requires leaving the child

without adequate supervision;

(3) is a student of a public or private secondary school;

(4) is a person enrolled and in actual attendance at an

institution of higher education;

(5) is an officer or an employee of the senate, the house of

representatives, or any department, commission, board, office, or

other agency in the legislative branch of state government;

(6) is summoned for service in a county with a population of at

least 200,000, unless that county uses a jury plan under Section

62.011 and the period authorized under Section 62.011(b)(5)

exceeds two years, and the person has served as a petit juror in

the county during the 24-month period preceding the date the

person is to appear for jury service;

(7) is the primary caretaker of a person who is an invalid

unable to care for himself;

(8) except as provided by Subsection (b), is summoned for

service in a county with a population of at least 250,000 and the

person has served as a petit juror in the county during the

three-year period preceding the date the person is to appear for

jury service; or

(9) is a member of the United States military forces serving on

active duty and deployed to a location away from the person's

home station and out of the person's county of residence.

(b) Subsection (a)(8) does not apply if the jury wheel in the

county has been reconstituted after the date the person served as

a petit juror.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 733, Sec. 1, eff. Aug. 31,

1987; Acts 1987, 70th Leg., ch. 798, Sec. 1, eff. Aug. 31, 1987;

Acts 1989, 71st Leg., ch. 2, Sec. 8.35, eff. Aug. 28, 1989; Acts

1991, 72nd Leg., ch. 442, Sec. 4, eff. Jan. 1, 1992; Acts 1997,

75th Leg., ch. 165, Sec. 9.01, eff. Sept. 1, 1997; Acts 1997,

75th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th

Leg., ch. 640, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg.,

ch. 153, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

599, Sec. 1, eff. September 1, 2009.

Sec. 62.107. PROCEDURES FOR ESTABLISHING EXEMPTIONS. (a) A

person who is notified to appear for jury service may establish

an exemption from the service under Section 62.106 without

appearing in person by filing a signed statement of the ground of

his exemption with the clerk of the court before the date on

which he is summoned to appear.

(b) A person may also claim an exemption from jury service under

Section 62.106 by filing with the sheriff, tax

assessor-collector, or district or county clerk of the county of

his residence a sworn statement that sets forth the ground of and

claims the exemption. The name of a person who claims his

exemption by filing the sworn statement may not be placed in the

jury wheel for the ensuing year.

provided by Subsection (a), claiming an exemption because the

person is over 70 years of age, may also claim the permanent

exemption on that ground authorized by Section 62.108 by

including in the statement filed with the clerk a declaration

that the person desires the permanent exemption. Promptly after a

statement claiming a permanent exemption on the basis of age is

filed, the clerk of the court with whom it is filed shall have a

copy delivered to the county tax assessor-collector.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 686, Sec. 2, eff. Sept. 1,

1997.

Sec. 62.108. PERMANENT EXEMPTION FOR ELDERLY. (a) A person who

is entitled to exemption from jury service because the person is

over 70 years of age may establish a permanent exemption on that

ground as provided by this section or Section 62.107.

(b) A person may claim a permanent exemption:

(1) by filing with the county tax assessor-collector, by mail or

personal delivery, a signed statement affirming that the person

is over 70 years of age and desires a permanent exemption on that

ground; or

(2) in the manner pr