Art. 36.31. DISAGREEMENT OF JURY.  After the cause is submitted to the jury, it may be discharged when it cannot agree and both parties consent to its discharge;  or the court may in its discretion discharge it where it has been kept together for such time as to render it altogether improbable that it can agree.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.