1-1 AN ACT
1-2 relating to the continuation and the functions of the Board of
1-3 Pardons and Paroles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 42.18, Code of Criminal
1-6 Procedure, is amended by adding Subdivision (10) to read as
1-7 follows:
1-8 (10) "Policy board" means the Board of Pardons and
1-9 Paroles Policy Board.
1-10 SECTION 2. Section 4, Article 42.18, Code of Criminal
1-11 Procedure, is amended to read as follows:
1-12 Sec. 4. Eligibility for Membership. (a) Board members must
1-13 be representative of the general public. A member must be a
1-14 resident citizen of this state and must have resided in this state
1-15 for the two years preceding appointment. A person is not eligible
1-16 for appointment as a public member if the person or the person's
1-17 spouse:
1-18 (1) is employed by or participates in the management
1-19 of a business entity or other organization receiving funds from the
1-20 department or the board;
1-21 (2) owns or controls directly or indirectly more than
1-22 a 10 percent interest in a business entity or other organization
1-23 regulated by the department or receiving funds from the department
1-24 or the board; or
2-1 (3) uses or receives a substantial amount of tangible
2-2 goods, services, or funds from the department or the board, other
2-3 than compensation or reimbursement authorized by law for board
2-4 membership, attendance, or expenses.
2-5 (a-1) In determining eligibility under Subsection (a)(3) of
2-6 this section, the compensation or reimbursement that a board
2-7 member's spouse receives as an employee of the board or of the
2-8 Texas Department of Criminal Justice may not be considered. This
2-9 subsection does not affect any restriction on employment or board
2-10 membership imposed by any other law.
2-11 (b) An employee or paid officer or consultant of a trade
2-12 association in the field of criminal justice may not be a member of
2-13 the board or be an employee of the division or the board who is
2-14 exempt from the state's position classification plan or who is
2-15 compensated at or above the amount prescribed by the General
2-16 Appropriations Act for step 1, salary group 17, of the position
2-17 classification salary schedule. A person who is the spouse of an
2-18 officer, [any] manager, or paid consultant of a trade association
2-19 in the field of criminal justice may not be a member of the board
2-20 and may not be an employee of the division or the board who is [,
2-21 including an employee] exempt from the state's classification plan
2-22 or [, who] is compensated at or above the amount prescribed by the
2-23 General Appropriations Act for step 1, salary group 17, of the
2-24 position classification salary schedule. For the purposes of this
2-25 section, a trade association is a nonprofit, cooperative, and
2-26 voluntarily joined association of business or professional
2-27 competitors designed to assist its members and its industry or
3-1 profession in dealing with mutual business or professional problems
3-2 and in promoting their common interests.
3-3 (c) A person who is required to register as a lobbyist under
3-4 Chapter 305, Government Code, by virtue of the person's activities
3-5 for compensation in or on behalf of a profession related to the
3-6 operation of the board, may not serve as a member of the board or
3-7 act as the general counsel to the board or division.
3-8 (d) Appointments to the board shall be made without regard
3-9 to the race, color, handicap, sex, religion, age, or national
3-10 origin of the appointees.
3-11 (e) It is a ground for removal from the board if a member:
3-12 (1) does not have at the time of appointment the
3-13 qualifications required by Subsection (a) of this section for
3-14 appointment to the board;
3-15 (2) does not maintain during the member's service on
3-16 the board the qualifications required by Subsection (a) of this
3-17 section for appointment to the board;
3-18 (3) violates a prohibition established by Subsections
3-19 (b) and (c) of this section;
3-20 (4) is unable to discharge the member's duties for a
3-21 substantial part of the term for which the member is [was]
3-22 appointed because of illness or disability; or
3-23 (5) is absent from more than half of the regularly
3-24 scheduled board or panel meetings that the member is eligible to
3-25 attend during each calendar year, except when the absence is
3-26 excused by majority vote of the board.
3-27 (f) It is a ground for removal from the board and the policy
4-1 board if a member of the policy board is absent from more than half
4-2 of the regularly scheduled policy board meetings that the member is
4-3 eligible to attend during each calendar year.
4-4 (g) The board administrator or the board administrator's
4-5 designee shall provide to members of the board, members of the
4-6 policy board, and to employees, as often as necessary, information
4-7 regarding their qualification for office or employment under this
4-8 article and their responsibilities under applicable laws relating
4-9 to standards of conduct for state officers or employees.
4-10 (h) The validity of an action of:
4-11 (1) the board or panel is not affected by the fact
4-12 that it is [was] taken when a ground for removal of a member of the
4-13 board exists; and
4-14 (2) the policy board is not affected by the fact that
4-15 it is taken when a ground for removal of a member of the policy
4-16 board exists [existed].
4-17 (i) [(g)] If the general counsel to the board [director] has
4-18 knowledge that a potential ground for removal exists, the general
4-19 counsel [director] shall notify the presiding officer [chairman] of
4-20 the board of the potential ground. The presiding officer
4-21 [chairman] of the board shall then notify the governor and the
4-22 attorney general that a potential ground for removal exists. If the
4-23 potential ground for removal involves the presiding officer, the
4-24 general counsel to the board shall notify the governor and the
4-25 attorney general that a potential ground for removal exists.
4-26 (j) [(h)] The financial transactions of the division and the
4-27 board are subject to audit by the state auditor in accordance with
5-1 Chapter 321, Government Code.
5-2 SECTION 3. Section 5, Article 42.18, Code of Criminal
5-3 Procedure, is amended to read as follows:
5-4 Sec. 5. Sunset Provisions. The Board of Pardons and Paroles
5-5 is subject to review under Chapter 325, Government Code (Texas
5-6 Sunset Act), but is not abolished under that chapter. The board
5-7 shall be reviewed during the period in which the Texas Department
5-8 of Criminal Justice is reviewed [in a timely manner to permit
5-9 recommendations for necessary legislation to be made to the 75th
5-10 Legislature, Regular Session, 1997].
5-11 SECTION 4. Section 6, Article 42.18, Code of Criminal
5-12 Procedure, is amended to read as follows:
5-13 Sec. 6. Compensation and Offices of Board Members; Director.
5-14 (a) The members of the board shall give full time to the duties of
5-15 their office and shall be paid such salaries as the legislature may
5-16 determine in appropriation Acts. The governor shall designate one
5-17 member to serve as the presiding officer [chairman] of the board,
5-18 and the presiding officer [chairman] serves in that capacity at the
5-19 pleasure of the governor.
5-20 (b) The executive director of the department shall hire the
5-21 director. The director is responsible for the day-to-day
5-22 administration of the division.
5-23 (c) [To facilitate the work of the Board of Pardons and
5-24 Paroles, the governor shall appoint the chairman of the board to
5-25 serve as chairman of the executive committee. The chairman shall
5-26 appoint six board members to serve on the executive committee. The
5-27 committee members serve in that capacity at the pleasure of the
6-1 chairman. The executive committee shall coordinate activities of
6-2 the board, assure maximum efficiency and fair distribution of the
6-3 caseload, and administer other matters as required by the chairman.]
6-4 [(d)] The policy board, after consultation with the governor
6-5 and the Texas Board of Criminal Justice, shall adopt a mission
6-6 statement that reflects those responsibilities for the operation of
6-7 the parole process that are assigned to the policy board, the
6-8 board, [and those responsibilities for the operation of the parole
6-9 process that are assigned to] the division, the department, or the
6-10 Texas Board of Criminal Justice. The policy board shall include in
6-11 the mission statement a description of specific locations at which
6-12 the board intends to conduct business related to the operation of
6-13 the parole process.
6-14 SECTION 5. Section 6A, Article 42.18, Code of Criminal
6-15 Procedure, is amended to read as follows:
6-16 Sec. 6A. POLICY [PERSONNEL OF] BOARD: COMPOSITION; GENERAL
6-17 DUTIES. (a) The governor shall designate six members of the board
6-18 to serve as the Board of Pardons and Paroles Policy Board. The
6-19 governor shall designate the presiding officer of the board as one
6-20 of the six members of the policy board, and the presiding officer
6-21 of the board shall serve as presiding officer of the policy board.
6-22 Service on the policy board is an additional duty of office for
6-23 members appointed to the policy board.
6-24 (b) Members of the board designated as members of the policy
6-25 board serve on the policy board for six-year terms that are
6-26 concurrent with their six-year terms on the board, with the service
6-27 of two members expiring February 1 of each odd-numbered year.
7-1 (c) The policy board shall:
7-2 (1) adopt rules relating to the decision-making
7-3 processes used by the board and parole panels;
7-4 (2) establish caseloads for members of the board and
7-5 assign duties to members of the policy board that are in addition
7-6 to the duties those members have in handling a caseload;
7-7 (3) update parole guidelines, assign precedential
7-8 value to previous decisions of the board relating to the granting
7-9 of parole and the revocation of parole or mandatory supervision,
7-10 and develop policies to ensure that members of the board use
7-11 guidelines and previous decisions of the board in making decisions
7-12 under this article;
7-13 (4) require members of the board to file activity
7-14 reports, on forms provided by the policy board, that provide
7-15 information on release decisions made by members of the board, the
7-16 workload of the members of the board, and the use of parole
7-17 guidelines by members of the board; and
7-18 (5) report at least annually to the governor and the
7-19 legislature on board activities, parole release decisions, and the
7-20 use of parole guidelines by the board. [The board may adopt rules
7-21 as necessary for the employment and supervision of personnel of the
7-22 board.]
7-23 (d) [(b)] The policy board shall employ and supervise:
7-24 (1) a general counsel to the board;
7-25 (2) a board administrator to manage the day-to-day
7-26 activities of the board [an administrative assistant];
7-27 (3) hearing officers;
8-1 (4) personnel to assist in clemency matters; and
8-2 (5) secretarial or clerical personnel.
8-3 [(c) The board shall develop and implement personnel
8-4 policies.]
8-5 SECTION 6. Chapter 42.18, Code of Criminal Procedure, is
8-6 amended by adding Sections 6C and 6D to read as follows:
8-7 Sec. 6C. POLICY BOARD: GENERAL ADMINISTRATIVE PROVISIONS.
8-8 (a) The policy board shall:
8-9 (1) develop and implement policies that clearly
8-10 separate the policy-making responsibilities of the policy board and
8-11 the management responsibilities of the board administrator and the
8-12 staff of the board;
8-13 (2) prepare information of public interest describing
8-14 the functions of the board and make the information available to
8-15 the public and appropriate state agencies;
8-16 (3) comply with federal and state laws related to
8-17 program and facility accessibility; and
8-18 (4) prepare annually a complete and detailed written
8-19 report that meets the reporting requirements applicable to
8-20 financial reporting provided in the General Appropriations Act and
8-21 accounts for all funds received and disbursed by the board during
8-22 the preceding fiscal year.
8-23 (b) The board administrator shall prepare and maintain a
8-24 written plan that describes how a person who does not speak English
8-25 can be provided reasonable access to the board's programs and
8-26 services.
8-27 (c) The policy board is subject to the open meetings law,
9-1 Chapter 551, Government Code, and the administrative procedure law,
9-2 Chapter 2001, Government Code, as if it were, respectively, a
9-3 governmental body or a state agency under those laws. This
9-4 subsection does not affect the provisions of Section 2001.223,
9-5 Government Code, exempting hearings and interviews conducted by the
9-6 board or the division from Section 2001.038 and Subchapters C-H,
9-7 Chapter 2001, Government Code.
9-8 (d) Members of the board who are not members of the policy
9-9 board may participate in policy board meetings but shall have no
9-10 vote.
9-11 Sec. 6D. BOARD PERSONNEL. (a) The board administrator or
9-12 the board administrator's designee shall prepare and maintain a
9-13 written policy statement to assure implementation of a program of
9-14 equal employment opportunity under which all personnel transactions
9-15 of the board are made without regard to race, color, disability,
9-16 sex, religion, age, or national origin. The policy statement must
9-17 include:
9-18 (1) personnel policies, including policies relating to
9-19 recruitment, evaluation, selection, appointment, training, and
9-20 promotion of personnel that are in compliance with requirements of
9-21 Chapter 21, Labor Code;
9-22 (2) a comprehensive analysis of the board workforce
9-23 that meets federal and state laws, rules, and regulations, and
9-24 instructions promulgated directly from those laws, rules, and
9-25 regulations;
9-26 (3) procedures by which a determination can be made
9-27 about the extent of underuse in the board workforce of all persons
10-1 for whom federal or state laws, rules, and regulations, and
10-2 instructions promulgated directly from those laws, rules, and
10-3 regulations encourage a more equitable balance; and
10-4 (4) reasonable methods to appropriately address those
10-5 areas of underuse.
10-6 (b) A policy statement prepared under Subsection (a) must
10-7 cover an annual period, be updated annually and reviewed by the
10-8 Commission on Human Rights for compliance with Subsection (a)(1),
10-9 and be filed with the governor's office.
10-10 (c) The governor's office shall deliver a biennial report to
10-11 the legislature based on the information received under Subsection
10-12 (b). The report may be made separately or as a part of other
10-13 biennial reports made to the legislature.
10-14 (d) The board administrator or the board administrator's
10-15 designee shall develop an intra-agency career ladder program that
10-16 addresses opportunities for mobility and advancement for employees
10-17 within the board. The program shall require intra-agency posting
10-18 of all positions concurrently with any public posting.
10-19 (e) The board administrator or the board administrator's
10-20 designee shall develop a system of annual performance evaluations
10-21 that are based on documented employee performance. All merit pay
10-22 for board employees must be based on the system established under
10-23 this subsection.
10-24 SECTION 7. Section 7, Article 42.18, Code of Criminal
10-25 Procedure, is amended by amending Subsections (c), (d), (f), and
10-26 (h) and by adding Subsections (i), (j), and (k) to read as follows:
10-27 (c) The policy board shall develop and implement a policy
11-1 that clearly defines circumstances under which a board member
11-2 should disqualify himself from voting on a parole decision or on a
11-3 decision to revoke parole or mandatory supervision.
11-4 (d) The policy board may provide and promulgate a written
11-5 plan for the administrative review by the entire membership or a
11-6 subset of the entire membership of the board of actions taken by a
11-7 parole panel.
11-8 (f) The members of the policy board shall meet at least once
11-9 in each quarter of the calendar year at a site determined by the
11-10 presiding officer [chairman]. The members of the board are not
11-11 required to meet as a body to perform the members' duties in
11-12 clemency matters.
11-13 (h) The policy board shall develop for board [its] members a
11-14 comprehensive training and education program on the Texas criminal
11-15 justice system, with special emphasis on the parole process. A new
11-16 member may not participate in a vote of the board or a panel until
11-17 the member completes the program.
11-18 (i) To be eligible to take office as a member of the board
11-19 or the policy board, a person appointed to the board or policy
11-20 board must complete at least one course of a training program that
11-21 complies with this section.
11-22 (j) A training program must provide information to the
11-23 person regarding:
11-24 (1) the enabling legislation that created the board
11-25 and the policy board;
11-26 (2) the programs operated by the board;
11-27 (3) the role and functions of the board;
12-1 (4) the rules of the board;
12-2 (5) the current budget for the board;
12-3 (6) the results of the most recent formal audit of the
12-4 board;
12-5 (7) the requirements of the:
12-6 (A) open meetings law, Chapter 551, Government
12-7 Code;
12-8 (B) open records law, Chapter 552, Government
12-9 Code; and
12-10 (C) administrative procedure law, Chapter 2001,
12-11 Government Code;
12-12 (8) the requirements of the conflict of interests laws
12-13 and other laws relating to public officials; and
12-14 (9) any applicable ethics policies adopted by the
12-15 policy board or the Texas Ethics Commission.
12-16 (k) A person appointed to the board or policy board is
12-17 entitled to reimbursement for travel expenses incurred in attending
12-18 the training program, as provided by the General Appropriations Act
12-19 and as if the person were a member of the board or policy board.
12-20 SECTION 8. Section 8(g), Article 42.18, Code of Criminal
12-21 Procedure, as amended by Chapters 397 and 988, Acts of the 73rd
12-22 Legislature, Regular Session, 1993, is amended to read as follows:
12-23 (g) The policy board may adopt such other reasonable rules
12-24 not inconsistent with law as it may deem proper or necessary with
12-25 respect to the eligibility of prisoners for parole and mandatory
12-26 supervision, the conduct of parole and mandatory supervision
12-27 hearings, or conditions to be imposed upon parolees and persons
13-1 released to mandatory supervision. Each person to be released on
13-2 parole shall be furnished a contract setting forth in clear and
13-3 intelligible language the conditions and rules of parole. The
13-4 parole panel may include as a condition of parole or mandatory
13-5 supervision any condition that a court may impose on a defendant
13-6 placed on community supervision under Article 42.12 of this code,
13-7 including the condition that the person released submit to testing
13-8 for controlled substances or submit to electronic monitoring if the
13-9 parole panel determines that absent testing for controlled
13-10 substances or participation in an electronic monitoring program the
13-11 person would not be released on parole. Acceptance, signing, and
13-12 execution of the contract by the inmate to be paroled shall be a
13-13 precondition to release on parole. Persons released on mandatory
13-14 supervision shall be furnished a written statement setting forth in
13-15 clear and intelligible language the conditions and rules of
13-16 mandatory supervision. The parole panel may also require as a
13-17 condition of parole or release to mandatory supervision that the
13-18 person make payments in satisfaction of damages the person is
13-19 liable for under Section 500.002, Government Code. The parole panel
13-20 shall require as a condition of parole or mandatory supervision
13-21 that the person register under Article 6252-13c.1, Revised
13-22 Statutes. The parole panel may require as a condition of parole or
13-23 release to mandatory supervision that the person attend counseling
13-24 sessions for substance abusers or participate in substance abuse
13-25 treatment services in a program or facility approved or licensed by
13-26 the Texas Commission on Alcohol and Drug Abuse if the person was
13-27 sentenced for an offense involving controlled substances or the
14-1 panel determines that the defendant's substance abuse was connected
14-2 to the commission of the offense. The parole panel shall require
14-3 as a condition of parole or mandatory supervision that an inmate
14-4 who immediately before release is a participant in the program
14-5 established under Section 501.0931, Government Code, participate in
14-6 a drug or alcohol abuse continuum of care treatment program.
14-7 SECTION 9. Section 11(a), Article 42.18, Code of Criminal
14-8 Procedure, is amended to read as follows:
14-9 (a) The policy board shall adopt rules as to:
14-10 (1) the submission and presentation of information and
14-11 arguments to the board, parole panels, and the department for and
14-12 in behalf of an inmate; and
14-13 (2) the time, place, and manner of contact between a
14-14 person representing an inmate and a member of the board, an
14-15 employee of the board, or an employee of the department.
14-16 SECTION 10. Section 14, Article 42.18, Code of Criminal
14-17 Procedure, is amended to read as follows:
14-18 Sec. 14. Hearings; Sanctions. (a) Whenever a prisoner or a
14-19 person granted a conditional pardon is accused of a violation of
14-20 his parole, mandatory supervision, or conditional pardon, on
14-21 information and complaint by a law enforcement officer or parole
14-22 officer, or is arrested after an ineligible release, he shall be
14-23 entitled to be heard on such charges before a parole panel or a
14-24 designee of the board under such rules as the policy board may
14-25 adopt; provided, however, said hearing shall be held within 70 days
14-26 of the date of arrest under a warrant issued by the director or a
14-27 designated agent of the director or by the board on order by the
15-1 governor and at a time and place set by that parole panel or
15-2 designee. The panel or designee may hold the hearing at a date
15-3 later than the date otherwise required by this section if it
15-4 determines a delay is necessary to assure due process for the
15-5 person, except that the authority issuing the warrant shall
15-6 immediately withdraw the warrant if the hearing is not held before
15-7 the 121st day after the date of arrest. If a parole panel or
15-8 designee determines that a parolee, mandatory supervisee, or person
15-9 granted a conditional pardon has been convicted in a court of
15-10 competent jurisdiction of a felony offense committed while an
15-11 administrative releasee and has been sentenced by the court to a
15-12 term of incarceration in a penal institution, the determination is
15-13 to be considered a sufficient hearing to revoke the parole or
15-14 mandatory supervision or recommend to the governor revocation of a
15-15 conditional pardon without further hearing, except that the parole
15-16 panel or designee shall conduct a hearing to consider mitigating
15-17 circumstances if requested by the parolee, mandatory supervisee, or
15-18 person granted a conditional pardon. When the parole panel or
15-19 designee has heard the facts, the board may recommend to the
15-20 governor that the conditional pardon be continued, revoked, or
15-21 modified, or it may continue, revoke, or modify the parole or
15-22 mandatory supervision, in any manner warranted by the evidence.
15-23 The parole panel or designee must make its recommendation or
15-24 decision no later than the 30th day after the date the hearing is
15-25 concluded. When a person's parole, mandatory supervision, or
15-26 conditional pardon is revoked, that person may be required to serve
15-27 the portion remaining of the sentence on which he was released,
16-1 such portion remaining to be calculated without credit for the time
16-2 from the date of his release to the date of revocation. When a
16-3 warrant is issued charging a violation of release conditions, the
16-4 sentence time credit may be suspended until a determination is made
16-5 in such case and such suspended time credit may be reinstated
16-6 should such parole, mandatory supervision, or conditional pardon be
16-7 continued.
16-8 (b) [The board shall develop and implement a training
16-9 program for designees of the board who conduct hearings under this
16-10 section. The training program must assist the designees in
16-11 understanding issues relating to the revocation process.]
16-12 [(c)] The requirement in Subsection (a) that a warrant be
16-13 withdrawn does not apply if the person:
16-14 (1) has been removed from the custody of a county
16-15 sheriff by the department and placed in a community residential
16-16 facility;
16-17 (2) is in custody in another state or in a federal
16-18 correctional facility;
16-19 (3) is granted a continuance, not to exceed the 181st
16-20 day after the arrest, or the attorney representing the person or
16-21 the attorney representing the state is granted a continuance, not
16-22 to exceed the 181st day after the arrest; or
16-23 (4) is subject to pending criminal charges that have
16-24 not been adjudicated.
16-25 SECTION 11. Article 42.18, Code of Criminal Procedure, is
16-26 amended by adding Section 14A to read as follows:
16-27 Sec. 14A. DESIGNEE TRAINING; HANDBOOK. (a) The policy
17-1 board shall:
17-2 (1) develop and implement a training program that each
17-3 newly hired employee of the board designated to conduct hearings
17-4 under Section 14 must complete before conducting a hearing without
17-5 the assistance of a board member or experienced designee; and
17-6 (2) develop and implement a training program to
17-7 provide an annual update to designees of the board on issues and
17-8 procedures relating to the revocation process.
17-9 (b) The policy board shall prepare and biennially update a
17-10 procedural manual to be used by designees of the board. The policy
17-11 board shall include in the manual:
17-12 (1) descriptions of decisions in previous hearings
17-13 determined by the policy board to have value as precedents for
17-14 decisions in subsequent hearings;
17-15 (2) laws and court decisions relevant to decision
17-16 making in hearings; and
17-17 (3) case studies useful in decision making in
17-18 hearings.
17-19 (c) The policy board shall prepare and update as necessary a
17-20 handbook to be made available to participants in hearings under
17-21 Section 14, such as defense attorneys, persons released on parole
17-22 or mandatory supervision, and witnesses. The handbook must
17-23 describe in plain language the procedures used in a hearing under
17-24 Section 14.
17-25 SECTION 12. The initial designations of the members of the
17-26 Board of Pardons and Paroles Policy Board, as required by Section
17-27 6A, Article 42.18, Code of Criminal Procedure, as amended by this
18-1 Act, are as provided by this section. On or before January 1,
18-2 1998, the governor shall designate two members of the Board of
18-3 Pardons and Paroles with terms expiring February 1, 1999, to serve
18-4 terms on the policy board expiring on February 1, 1999, two members
18-5 of the board with terms expiring February 1, 2001, to serve terms
18-6 on the policy board expiring on February 1, 2001, and two members
18-7 of the board with terms expiring February 1, 2003, to serve terms
18-8 on the policy board expiring on February 1, 2003. On expiration of
18-9 those terms, the term of a member of the policy board is six years,
18-10 to be served concurrently with the member's term on the board.
18-11 SECTION 13. (a) The Board of Pardons and Paroles Policy
18-12 Board shall develop and implement the training programs described
18-13 by Subsections (a)(1) and (2), Section 14A, Article 42.18, Code of
18-14 Criminal Procedure, as added by this Act, not later than June 1,
18-15 1998. The requirement that a newly hired employee of the board
18-16 complete a training program described under Subsection (a)(1),
18-17 Section 14A, before conducting a hearing without assistance applies
18-18 only to an employee hired on or after June 1, 1998.
18-19 (b) The policy board shall prepare and make available the
18-20 procedural manual and the handbook described by Subsections (b) and
18-21 (c), Section 14A, Article 42.18, Code of Criminal Procedure, as
18-22 added by this Act, not later than June 1, 1998.
18-23 SECTION 14. On January 1, 1998, a rule, form, or policy
18-24 adopted by the Board of Pardons and Paroles is a rule, form, or
18-25 policy of the Board of Pardons and Paroles Policy Board.
18-26 SECTION 15. This Act takes effect September 1, 1997.
18-27 SECTION 16. The importance of this legislation and the
19-1 crowded condition of the calendars in both houses create an
19-2 emergency and an imperative public necessity that the
19-3 constitutional rule requiring bills to be read on three several
19-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1386 was passed by the House on April
8, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1386 on May 8, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1386 was passed by the Senate, with
amendments, on May 6, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor