H.B. No. 1321
  relating to the discharge of a jury under certain circumstances in a
  criminal case.
         SECTION 1.  Article 36.29(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  After the charge of the court is read to the jury, if a
  juror [any one of them] becomes so sick as to prevent the
  continuance of the juror's [his] duty and an alternate juror is not
  available, or if any accident of circumstance occurs to prevent the
  jury from [their] being kept together under circumstances under
  which the law or the instructions of the court requires that the
  jury [they] be kept together, the jury shall be discharged, except
  that on agreement on the record by the defendant, the defendant's
  counsel, and the attorney representing the state 11 members of a
  jury may render a verdict and, if punishment is to be assessed by
  the jury, assess punishment. If a verdict is rendered by less than
  the whole number of the jury, each member of the jury shall sign the
         SECTION 2.  The change in law made by this Act applies only
  to a trial that commences on or after the effective date of this
  Act. A trial that commenced before the effective date of this Act
  is covered by the law in effect on the date the trial commenced, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1321 was passed by the House on April
  30, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1321 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________