How Are People Selected for a Grand Jury in Texas?

People are selected for a grand jury in Texas through random draw. A district judge orders that prospective grand jurors be summoned the same way trial jurors are — from a jury wheel built out of voter registration lists, driver’s license records, and state ID records — then tests their qualifications in open court and randomly picks 12 grand jurors and 4 alternates from those who qualify.¹

Where the Names Come From

A district judge starts the process by directing that prospective grand jurors be selected and summoned. Names are pulled randomly from a jury wheel compiled from voter registration lists, driver’s license records, and state identification card records. The judge decides how many people to summon based on what it will take to seat a full grand jury, and the court then issues summonses requiring those people to appear at a specific date and time.¹

There is one narrow exception for very small counties. Counties with populations under 1,000 can draw from neighboring counties within the same judicial district, but the selection must still be random.¹

Who Qualifies to Serve

Getting summoned is only the first step. To actually be seated, you have to meet each of the qualifications Texas law sets out. You must be at least 18 years old, a United States citizen, and a resident of both Texas and the county where the grand jury sits. You need to be qualified to vote in that county, although you do not have to be registered. And the law requires that you be of sound mind, of good moral character, and able to read and write.¹

You also cannot be closely related to anyone else serving on the same grand jury. The statute draws the line at third-degree blood relatives and second-degree in-laws, which covers parents, siblings, grandparents, aunts and uncles, and their spouses.¹

What Disqualifies You

Some conditions rule you out entirely. If you have ever been convicted of a felony or of misdemeanor theft, you cannot serve. The same applies if you are currently under indictment or formal accusation for either type of offense. Completing deferred adjudication does not count as a disqualifying conviction.²

Two other disqualifications are situational. You cannot serve if you already sat on a grand jury within the past year. And if you filed a complaint in any matter the grand jury will consider during its term, you are disqualified from that particular grand jury.¹

Exemptions You Can Claim

Even if you meet every qualification, you may be able to opt out. Texas law lists several categories of people who can decline jury service, including grand jury service, without penalty:

Age 75 or older: You can decline simply because of your age.
Custody of a young child: If you have legal custody of a child under 12 and serving would leave the child without adequate supervision, you qualify.
Students: Secondary school students and students enrolled and attending a college or university can claim an exemption.
Primary caretakers: If you are the primary caretaker of a person who cannot care for themselves, you can be excused.
Active-duty military: Service members deployed away from their home station and out of their county of residence are exempt.
Legislative employees: Officers and employees of the Texas Senate, House, or any agency in the legislative branch qualify.

These exemptions are established in the Texas Government Code, and you generally need to claim them in writing or in person before the judge.³

Beyond the statutory categories, a judge can excuse you for any reasonable sworn excuse, including personal hardship, medical issues, or an inability to communicate in English. That discretion sits with the presiding judge, so there is no guarantee a hardship claim will be accepted.

What Happens in Court When You Are Summoned

On the day summoned individuals appear, the presiding judge explains the role of the grand jury and places each prospective juror under oath. The judge then asks a series of qualifying questions, including whether the person has ever been convicted of a felony or misdemeanor theft and whether the person is currently under indictment. Anyone who does not meet the statutory qualifications, or who successfully claims an exemption, is excused.¹

Once at least 16 qualified people remain, the court randomly selects 12 to serve as grand jurors and 4 as alternates. The statute requires that these selections come from a fair cross section of the population served by the court. After selection, the grand jurors take a formal oath to faithfully perform their duties and keep the proceedings secret.¹

Why Selection Looks the Way It Does: the 2015 Reform

Random selection is a relatively recent statewide rule. Before 2015, many Texas counties used what was called the “key-man” system, in which a district judge appointed three to five jury commissioners to hand-pick prospective grand jurors from the community. Critics argued that method was prone to favoritism and produced grand juries that did not reflect the county’s demographics. In 2015, the legislature passed House Bill 2150, which eliminated the commissioner system entirely and required all counties to use random selection.

That is why the process today looks so much like ordinary trial jury selection: the same jury wheel, the same random draw, the same summons.

If You Ignore the Summons

A grand jury summons is a court order, and skipping it can be treated as contempt. The fine for failing to answer a jury summons ranges from $100 to $1,000. If you appear for qualification but then fail to attend when you are supposed to, or if you file a false claim of exemption, the fine is $100 to $500.²

In practice, most courts send a follow-up notice before escalating to fines. But the authority to impose penalties is real, and courts in larger counties with chronic no-show problems have become more willing to enforce it. If you have a legitimate reason you cannot serve, the better path is to claim an exemption or ask the judge to excuse you rather than ignore the notice.

1
State of Texas. Texas Code of Criminal Procedure Chapter 19A – Grand Jury Organization
2
Texas Judicial Branch. Jury Service in Texas
3
State of Texas. Texas Government Code 62.106 – Exemption from Jury Service