CHAPTER 35. FORMATION OF THE JURY - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 35. FORMATION OF THE JURY

Art. 35.01. 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 less than $100 nor more than $500. 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.

Amended by:

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

640, Sec. 3, eff. September 1, 2009.

Art. 35.02. 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. 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, including any claim of an exemption or a lack

of qualification, and if the court considers the excuse

sufficient, the court shall discharge the prospective juror or

postpone the prospective juror's service to a date specified by

the court, as appropriate.

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, including

any claim of an exemption or a lack of qualification. The

court's designee may discharge the prospective juror or postpone

the prospective juror's service to a date specified by the

court's designee, as appropriate, if:

(1) the court's designee considers the excuse sufficient; and

(2) the juror submits to the court's designee a statement of the

ground of the exemption or lack of qualification or other excuse.

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.

Amended by:

Acts 2005, 79th Leg., Ch.

905, Sec. 1, eff. September 1, 2005.

Art. 35.04. 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. 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. 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. 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. 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. 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. 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. MODE OF TESTING. (a) In testing the qualification

of a prospective juror after the juror has been sworn, the juror

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?

(b) In testing the qualifications of a prospective juror, with

respect to whether the juror has been the subject of an order of

nondisclosure or has a criminal history that includes information

subject to that order, the juror may state only that the matter

in question has been sealed.

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.

Amended by:

Acts 2005, 79th Leg., Ch.

1309, Sec. 4, eff. September 1, 2005.

Art. 35.13. 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. 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. 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. REASONS FOR CHALLENGE FOR CAUSE. (a) A challenge

for cause is an objection made to a particular juror, alleging

some fact which renders the juror 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 the juror 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 the juror has been convicted of misdemeanor theft or a

felony;

3. That the juror is under indictment or other legal accusation

for misdemeanor theft or a felony;

4. That the juror is insane;

5. That the juror has such defect in the organs of feeling or

hearing, or such bodily or mental defect or disease as to render

the juror unfit for jury service, or that the juror is legally

blind and the court in its discretion is not satisfied that the

juror is fit for jury service in that particular case;

6. That the juror is a witness in the case;

7. That the juror served on the grand jury which found the

indictment;

8. That the juror served on a petit jury in a former trial of

the same case;

9. That the juror 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 the juror in finding a

verdict. To ascertain whether this cause of challenge exists,

the juror shall first be asked whether, in the juror's opinion,

the conclusion so established will influence the juror's verdict.

If the juror answers in the affirmative, the juror shall be

discharged without further interrogation by either party or the

court. If the juror answers in the negative, the juror shall be

further examined as to how the juror's conclusion was formed, and

the extent to which it will affect the juror's 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 the juror feels able,

notwithstanding such opinion, to render an impartial verdict upon

the law and the evidence, the court, if satisfied that the juror

is impartial and will render such verdict, may, in its

discretion, admit the juror as competent to serve in such case.

If the court, in its discretion, is not satisfied that the juror

is impartial, the juror shall be discharged;

11. That the juror cannot read or write.

No juror shall be impaneled when it appears that the juror 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.

Amended by:

Acts 2005, 79th Leg., Ch.

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

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. 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. 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. 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. 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. 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. 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. 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. 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.