HBA-EDN H.J.R. 21 77(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 21 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 Joint Resolution 21 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 resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Joint Resolution 21 amends the Texas Constitution to provide that the governor shall have the power in a capital case to grant one reprieve for a period not to exceed thirty days, and to grant a commutation of punishment to life without parole if the defendant has been sentenced to death. FOR ELECTION This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2001.