By Seidlits H.J.R. No. 81
74R7115 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to provide for six-person
1-2 juries in district court civil cases.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 13, Article V, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 13. (a) Grand juries and petit juries in criminal
1-7 cases in the District Courts shall be composed of twelve persons
1-8 <men>; but nine members of a grand jury shall be a quorum to
1-9 transact business and present bills. In <trials of civil cases,
1-10 and in> trials of criminal cases below the grade of felony in the
1-11 District Courts, nine members of the jury, concurring, may render a
1-12 verdict, but when the verdict shall be rendered by less than the
1-13 whole number, it shall be signed by every member of the jury
1-14 concurring in it. When, pending the trial of any criminal case,
1-15 one or more jurors not exceeding three, may die, or be disabled
1-16 from sitting, the remainder of the jury shall have the power to
1-17 render the verdict; provided, that the Legislature may change or
1-18 modify the rule authorizing less than the whole number of the jury
1-19 to render a verdict.
1-20 (b) The jury in a civil case in the District Courts shall
1-21 consist of six persons. Five persons concurring may render a
1-22 verdict. If a verdict is rendered by five persons, the five
1-23 concurring jurors shall sign the verdict. If a juror dies or
1-24 becomes disabled from sitting on the jury during the trial, the
2-1 remaining five jurors may render the verdict. The Legislature may
2-2 change the rule authorizing five concurring persons to render a
2-3 verdict to require the concurrence of all jurors.
2-4 SECTION 2. The following temporary provision is added to the
2-5 Texas Constitution:
2-6 TEMPORARY PROVISION. (a) This temporary provision applies
2-7 to the constitutional amendment proposed by the 74th Legislature,
2-8 Regular Session, 1995, requiring that juries in district court
2-9 civil cases be composed of six persons and expires September 2,
2-10 1996.
2-11 (b) The constitutional amendment takes effect September 1,
2-12 1996.
2-13 SECTION 3. This proposed constitutional amendment shall be
2-14 submitted to the voters at an election to be held on November 7,
2-15 1995. The ballot shall be printed to permit voting for or against
2-16 the proposition: "The constitutional amendment providing for
2-17 six-person juries in district court civil cases."