BILL ANALYSIS



H.B. 1805
By: Place
4-28-95
Committee Report (Unamended)


BACKGROUND

Since the Penal Code was rewritten in 1993, some clarification is
needed for Section 6.04, Chapter 900, Acts of the 73rd Legislature
and Section 7(g), Article 42.18, Code of Criminal 
Procedure.

PURPOSE

H.B. 1805 clarifies any ambiguity between Section 6.04, Chapter
900, Acts of the 73rd Legislature, Regular Session, 1993 and
Section 7(g), Article 42.18, Code of Criminal Procedure, regarding
procedures for the Board of Pardons and Paroles to grant parole to
any person convicted of a capital felony.  The bill relates to the
law in effect for the commission of an offense before, on, or after
September 1, 1993, the effective date of the new penal code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Clarifies that the Board of Pardon and Paroles may
grant parole to a capital felon only on a vote of 2/3 of the entire
membership of the board, as required in Section 7(g), Article
42.18, Code of Criminal Procedure, regardless of whether the
offense was committed before, on, or after September 1, 1993.

SECTION 2.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 1805 was considered by the full committee in a formal meeting on
April 27, 1995.  The bill was reported favorably with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, and 3 absent.

Ayes:          Representatives Place, Talton, Farrar, Greenberg,
               Pickett, Pitts (6)
Nays:          None (0).
PNV:       None (0).
Absent:    Representatives Hudson, Nixon, Solis (3).

The full committee met in a formal meeting on April 28, 1995.  A
motion was made to reconsider the vote on HB 1805.  The motion to
reconsider the vote passed by a non-record vote.  HB 1805 was
reported favorably without amendment, with the recommendation that
it do pass and be printed by a record vote 6 ayes, 0 nays, 0 pnv,
and 3 absent. 

Ayes:          Representatives Place, Talton, Farrar, Greenberg,
               Pitts, Solis (6).
Nays:          None (0).
PNV:       None (0).
Absent:    Representatives Hudson, Nixon, Pickett (3).