H.J.R. No. 44
A JOINT RESOLUTION
proposing a constitutional amendment to permit a six-person jury in
a district court misdemeanor trial.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13, Article V, Texas Constitution, is
amended to read as follows:
Sec. 13. Grand and petit juries in the District Courts shall
be composed of twelve persons, except that petit juries in a
criminal case below the grade of felony shall be composed of six
persons; but nine members of a grand jury shall be a quorum to
transact business and present bills. In trials of civil cases[, and
in trials of criminal cases below the grade of felony] in the
District Courts, nine members of the jury, concurring, may render a
verdict, but when the verdict shall be rendered by less than the
whole number, it shall be signed by every member of the jury
concurring in it. When, pending the trial of any case, one or more
jurors not exceeding three, may die, or be disabled from sitting,
the remainder of the jury shall have the power to render the
verdict; provided, that the Legislature may change or modify the
rule authorizing less than the whole number of the jury to render a
verdict.
SECTION 2. The proposed constitutional amendment shall be
submitted to the voters at an election to be held September 13,
2003. The ballot shall be printed to permit voting for or against
the proposition: "The constitutional amendment to permit a
six–person jury in a district court misdemeanor trial."
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 44 was passed by the House on May 2,
2003, by the following vote: Yeas 135, Nays 0, 3 present, not
voting; and that the House concurred in Senate amendments to H.J.R.
No. 44 on May 30, 2003, by the following vote: Yeas 143, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.J.R. No. 44 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
RECEIVED: _____________________
Date
_____________________
Secretary of State