HBA-KMH H.J.R. 87 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 87
By: Hartnett
Judicial Affairs
4/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 13, Article V, of the Texas Constitution specifies that
a district court jury is required to consist of twelve jurors.  In McDaniel
v. Yarbrough, 898 S.W.2d 251, 252-253 (Tex. 1995), a divided (5-4) Supreme
Court held that this constitutional provision could not excuse a juror who
was unable to reach the courthouse because of unprecedented flooding.  The
Supreme Court relied on Houston Texas Central Ry. Co. v. Waller, 56 Tex.
331 (1882), which construed this constitutional provision regarding
disability of a juror to require "physical or mental incapacity." This
narrow interpretation leaves trial courts with three difficult alternatives
when a juror becomes unable to serve for a reason other than death or
severe disability: to require alternate jurors in each trial; to declare a
mistrial; or to interrupt and delay the trial.  All three alternatives tend
to increase the complexity and costs of trial. 

As proposed, H.J.R. 87 requires the submission to the voters of a
constitutional amendment to require the remainder of a jury to have the
power to render a verdict under circumstances in which up to three jurors
have become unable to serve as a juror in the case. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13, Article V, Texas Constitution, to require
the remainder of a jury to have the power to render a verdict under
circumstances in which up to three jurors have become unable to serve as a
juror in the case. 

SECTION 2.  Requires this constitutional amendment to be submitted to the
voters at an election to be held on November 2, 1999.  Sets forth the
required language for the ballot.