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."