Amend CSHB 236 by adding the following appropriately numbered
section and renumbering existing sections appropriately:
      SECTION ____.  (a)  Article 36.13, Code of Criminal
Procedure, is amended to read as follows:
      Art. 36.13.  ROLE OF JURY IS JUDGE OF FACTS. (a)  Unless
otherwise provided in this Code, the jury is the exclusive judge of
the facts.  The jury<, but it> is bound to receive the law from the
court and be governed thereby, except if a jury determines that a
defendant is guilty according to the law but that the law is unjust
or unjustly applied to the defendant, the jury may determine not to
apply the law to the defendant and find the defendant not guilty or
guilty of a lesser included offense.
      (b)  A defendant has the right to inform the jury of the
jury's power to judge the law and to vote on the verdict according
to conscience. The court or the state may not infringe on this
right. Failure to allow the defendant to inform the jury of the
jury's power is grounds for a mistrial.
      (c)  Notwithstanding any other law, the court shall allow the
defendant to present to the jury, for its consideration, evidence
and testimony relevant to the exercise of the jury's power under
this article, including evidence and testimony relating to:
            (1)  the merit, intent, constitutionality, or
applicability of the law in the case;
            (2)  the motives, moral perspective, or intent of the
defendant;
            (3)  the degree of guilt of the defendant or actual
harm caused by the defendant; or
            (4)  the punishment that may be imposed on the
defendant.
      (d)  The state may rebut any evidence introduced under this
article with evidence of a similar nature.
      (b)  Subtitle B, Title 2, Civil Practice and Remedies Code,
is amended by adding Chapter 24 to read as follows:
   CHAPTER 24,  JURY POWERS IN CERTAIN GOVERNMENTAL PROCEEDINGS
      Sec. 24.001.  DEFINITION. In this chapter, "governmental
agency" means:
            (1)  this state and any institution, agency, or
component of government established by the constitution or laws of
this state, including any department, bureau, board, commission,
office, or council; or
            (2)  a political subdivision of this state, including
any county, municipality, district, or authority, and any agency of
a political subdivision.
      Sec. 24.002.  SCOPE OF CHAPTER.  (a)  This chapter applies
only to an action in which a governmental agency, as party to a
civil action, seeks to collect or retain a civil or administrative
penalty.
      (b)  This chapter applies only to an action tried to a jury
under applicable law. This chapter does not create a right to a
jury.
      Sec. 24.003.  ROLE OF JURY.  (a)  If a jury determines that a
party is liable according to the law but the law is unjust or
unjustly applied to the party, the jury may determine not to apply
the law to the party and find the party not liable.
      (b)  A party has the right to inform the jury of the jury's
power to judge the law and to vote on the verdict according to
conscience. The court or the opposing party may not infringe on
this right. Failure to allow a party to inform the jury of the
jury's power is grounds for granting a new trial.
      Sec. 24.004.  EVIDENCE.  Notwithstanding any other law, the
court shall allow any party to the trial to present to the jury,
for its consideration, evidence and testimony relevant to the
exercise of the jury's power under this chapter, including evidence
and testimony relating to:
            (1)  the merit, intent, constitutionality, or
applicability of the law in the case;
            (2)  the motives, moral perspective, or intent of a
party;
            (3)  the degree of liability of a party or actual harm
caused by the party; or
            (4)  the sanctions that may be imposed on a party.
      Sec. 24.005.  DISQUALIFICATION OF JUROR PROHIBITED.  A
potential juror may not be excused or disqualified from serving on
a jury because the juror expresses a willingness to exercise a
power of the jury under this chapter.
      Sec. 24.006.  CONFLICT WITH TEXAS RULES OF CIVIL
PROCEDURE.  Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
chapter.
      (c)  Article 35.16, Code of Criminal Procedure, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
      (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; or
            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>.
      (d)  A potential juror may not be excused or disqualified
from serving on  a jury because the juror expresses a willingness
to exercise a power of the jury under Article 36.13 of this code.
      (d)  The change in law made by this section applies only to a
jury empaneled on or after the effective date of this Act.