HBA-AMW H.B. 720 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 720
By: Dutton
State Affairs
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

Since the United States Supreme Court decision to reinstate the death
penalty in 1976, more than 240 prisoners have been executed in Texas, which
is more than in any other state.  Last year, Texas executed more prisoners
than in any previous year.  Concerns exist regarding the possible execution
of innocent individuals and are evidenced by recent initiatives on issues
surrounding capital punishment, including the examination of the indigent
defense system, postconviction DNA testing of defendants, and sentencing
alternatives.  However, Texas does not currently conduct a comprehensive
assessment and examination of its capital punishment system.  House Bill
720 creates the Texas Capital Punishment Commission to study capital
punishment in this state and places a two-year moratorium on all executions
in the state. 

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 720 amends the Code of Criminal Procedure to create the Texas
Capital Punishment Commission (commission).  The bill requires the
commission to study capital punishment in this state, concentrating
particularly on issues relating to the legal representation of inmates in
capital cases, the certainty of the guilt of individuals convicted in
capital cases, and the sufficiency of appellate review of convictions in
capital cases.  After completing the study, the bill requires the
commission to propose legislation to correct any inequities in the capital
punishment process in this state and to submit the proposed legislation to
the lieutenant governor and the speaker of the house of representatives not
later than December 1, 2002.  The bill also sets forth the composition of
the commission, the necessary qualifications of commission members, and
when they must be appointed. 

H.B. 720 also prohibits the state from executing an inmate on or after
September 1, 2001, and before September 1, 2003.  The bill also provides
that the commission is abolished on January 1, 2003, and that these
provisions expire on that date. 


EFFECTIVE DATE

September 1, 2001.