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