HBA-KMH H.J.R. 87 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 87 By: Hartnett Judicial Affairs 4/30/1999 Introduced BACKGROUND AND PURPOSE Currently, Section 13, Article V, of the Texas Constitution specifies that a district court jury is required to consist of twelve jurors. In McDaniel v. Yarbrough, 898 S.W.2d 251, 252-253 (Tex. 1995), a divided (5-4) Supreme Court held that this constitutional provision could not excuse a juror who was unable to reach the courthouse because of unprecedented flooding. The Supreme Court relied on Houston Texas Central Ry. Co. v. Waller, 56 Tex. 331 (1882), which construed this constitutional provision regarding disability of a juror to require "physical or mental incapacity." This narrow interpretation leaves trial courts with three difficult alternatives when a juror becomes unable to serve for a reason other than death or severe disability: to require alternate jurors in each trial; to declare a mistrial; or to interrupt and delay the trial. All three alternatives tend to increase the complexity and costs of trial. As proposed, H.J.R. 87 requires the submission to the voters of a constitutional amendment to require the remainder of a jury to have the power to render a verdict under circumstances in which up to three jurors have become unable to serve as a juror in the case. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 13, Article V, Texas Constitution, to require the remainder of a jury to have the power to render a verdict under circumstances in which up to three jurors have become unable to serve as a juror in the case. SECTION 2. Requires this constitutional amendment to be submitted to the voters at an election to be held on November 2, 1999. Sets forth the required language for the ballot.