Art. 35.26. LISTS RETURNED TO CLERK.  (a)  When the parties have made or declined to make their peremptory challenges, they shall deliver their lists to the clerk.  Except as provided in Subsection (b) of this section, the clerk shall, if the case be in the district court, call off the first twelve names on the lists that have not been stricken.  If the case be in the county court, he shall call off the first six names on the lists that have not been stricken.  Those whose names are called shall be the jury.
(b) In a capital case in which the state seeks the death penalty, the court may direct that two alternate jurors be selected and that the first fourteen names not stricken be called off by the clerk.  The last two names to be called are the alternate jurors.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 2264, ch. 545, Sec. 1, eff. June 12, 1981.
Subsec. (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 7, eff. Sept. 1, 1991.