HBA-EDN H.B. 260 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 260
By: Gallego
Criminal Jurisprudence
2/2/2001
Introduced



BACKGROUND AND PURPOSE 

The clemency process in Texas has been questioned for its rigid standards.
One question relates to the governor's role in granting executive clemency
for cases involving persons sentenced to death.  In Texas, the governor has
limited powers to grant executive clemency in cases in which a person is
sentenced to death because the powers are tied to the decision of a
majority of the Board of Pardons and Paroles (board) .  Under current law,
the governor has the authority to grant reprieves and commutation of
punishment only upon the recommendation of a majority of the board.  The
governor does, however, have the power to grant one reprieve for a period
not to exceed 30 days in any capital case.  House Bill 260 grants the
governor the sole authority to grant one reprieve and to commute a death
sentence to life without the possibility of parole.   

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. 

ANALYSIS

House Bill 260 amends the Code of Criminal Procedure to provide that the
governor shall have the power to grant one reprieve in a capital case for a
period not to exceed 30 days, and to grant a commutation of punishment to
life without parole if the defendant has been sentenced to death.  The bill
also amends the Government Code to provide that an inmate whose sentence of
death is commuted to imprisonment for life is not eligible for release on
parole.   

EFFECTIVE DATE

The Act takes effect on November 6, 2001 subject to voter approval of the
constitutional amendment providing the governor with sole discretion to
commute punishment in capital cases.