HBA-AMW H.J.R. 59 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 59
By: Naishtat
Criminal Jurisprudence
3/15/2001
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.  Under current law, the governor does not have the authority
to declare a moratorium on executions and has the constitutional power to
grant reprieves, commutations and pardons only after a recommendation by
the Texas Board of Pardons and Paroles.  As proposed, House Joint
Resolution 59 requires the submission to the voters of a constitutional
amendment authorizing 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

H.J.R. 59 amends the Texas Constitution to authorize the governor to issue
an order prohibiting the Texas Department of Criminal Justice from
performing executions on and after the effective date of the order and
until the order is revoked, either by the governor issuing the order or by
a successor to the governor issuing the order. 

FOR ELECTION

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