78R3652 BDH-D


By:  Hughes                                                     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 November 4, 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."