By Hartnett H.J.R. No. 87
76R8502 JMC-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to permit a jury to render a
1-2 verdict when not more than three of the jurors become unable to
1-3 serve.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13, Article V, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 13. Grand and petit juries in the District Courts shall
1-8 be composed of twelve persons [men]; but nine members of a grand
1-9 jury shall be a quorum to transact business and present bills. In
1-10 trials of civil cases, and in trials of criminal cases below the
1-11 grade of felony in the District Courts, nine members of the jury,
1-12 concurring, may render a verdict, but when the verdict shall be
1-13 rendered by less than the whole number, it shall be signed by every
1-14 member of the jury concurring in it. When, pending the trial of
1-15 any case, one or more jurors not exceeding three, may die, become
1-16 [or be] disabled from sitting, or otherwise become unable to serve
1-17 as a juror in the case, the remainder of the jury shall have the
1-18 power to render the verdict; provided, that the Legislature may
1-19 change or modify the rule authorizing less than the whole number of
1-20 the jury to render a verdict.
1-21 SECTION 2. This proposed constitutional amendment shall be
1-22 submitted to the voters at an election to be held November 2, 1999.
1-23 The ballot shall be printed to provide for voting for or against
1-24 the proposition: "The constitutional amendment to permit a jury to
2-1 render a verdict when not more than three of the jurors become
2-2 unable to serve."