HBA-SEP H.J.R. 56 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 56
By: Dutton
Criminal Jurisprudence
4/1/2001
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 as 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. Under current law, the governor does not have the authority
to declare a moratorium on executions and only has the constitutional power
to grant reprieves, commutations, and pardons after a recommendation by the
Texas Board of Pardons and Paroles.  As proposed, House Joint Resolution 56
requires the submission to the voters of a constitutional amendment
establishing a moratorium on the execution of persons convicted of capital
offenses. 

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 56 amends the Texas Constitution to prohibit the
Texas Department of Criminal Justice from performing executions until
September 1, 2003.  The bill provides that this provision expires September
2, 2003.   

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.