HBA-JRA H.B. 397 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 397
By: Naishtat
Corrections
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Board of Pardons and Paroles (board), when
deliberating a capital clemency case, is not required to meet or give
reasons for its actions.  H.B. 397 requires the board to hold a public
hearing after a clemency request, to then conduct a closed meeting to
consider commutation, and to make public its determination and reasons for
that determination. 

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 Chapter 48, Code of Criminal Procedure, by adding
Article 48.041, as follows: 

Art. 48.041.  PROCEDURE FOR COMMUTING SENTENCE OF DEATH.  Requires the
Board of Pardons and Paroles (board) to hold a public hearing when a
request that the board recommend to the governor that a death sentence be
commuted to a sentence of imprisonment is made by the condemned person, the
condemned person's representative, or a majority of the trial officials of
the convicting court.  Requires the board, after the public hearing, to
conduct a closed meeting under Chapter 551, Government Code (Open Meetings)
in a single physical location.  Requires the board to keep and make
available to the public a record of the board's determination on whether to
make that recommendation and its reason for that determination.  Entitles
an inmate and an inmate's counsel to attend the public hearing.  Entitles
any person, including the inmate, to testify at the hearing. 

SECTION 2.  Amends Section 551.124, Government Code, to prohibit the board
from holding a clemency hearing by telephone conference call in a capital
case. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.