By Gray                                         H.B. No. 1386

      75R1790 GWK-D                           

                                A BILL TO BE ENTITLED

 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 except when the

 4-4     absence is excused by majority vote of the policy board.

 4-5           (g)  The board administrator or the board administrator's

 4-6     designee shall provide to members of the board, members of the

 4-7     policy board, and to employees, as often as necessary, information

 4-8     regarding their qualification for office or employment under this

 4-9     article and their responsibilities under applicable laws relating

4-10     to standards of conduct for state officers or employees.

4-11           (h)  The validity of an action of:

4-12                 (1)  the board or panel is not affected by the fact

4-13     that it is [was] taken when a ground for removal of a member of the

4-14     board exists; and

4-15                 (2)  the policy board is not affected by the fact that

4-16     it is taken when a ground for removal of a member of the policy

4-17     board exists [existed].

4-18           (i) [(g)]  If the general counsel to the board [director] has

4-19     knowledge  that a potential ground for removal exists, the general

4-20     counsel [director] shall notify the presiding officer [chairman] of

4-21     the board of the potential ground.  The presiding officer

4-22     [chairman]  of the board shall then notify the governor and the

4-23     attorney general that a potential ground for removal exists. If the

4-24     potential ground for removal involves the presiding officer, the

4-25     general counsel to the board shall notify the next highest officer

4-26     of the board, who shall notify the governor and the attorney

4-27     general that a potential ground for removal exists.

 5-1           (j) [(h)]  The financial transactions of the division and the

 5-2     board are subject to audit by the state auditor in accordance with

 5-3     Chapter 321, Government Code.

 5-4           SECTION 3.  Section 5, Article 42.18, Code of Criminal

 5-5     Procedure, is amended to read as follows:

 5-6           Sec. 5.  Sunset Provisions.  The Board of Pardons and Paroles

 5-7     is subject to review under Chapter 325, Government Code (Texas

 5-8     Sunset Act), but is not abolished under that chapter.  The board

 5-9     shall be reviewed during the period in which the Texas Department

5-10     of Criminal Justice is reviewed [in a timely manner to permit

5-11     recommendations for necessary legislation to be made to the 75th

5-12     Legislature, Regular Session, 1997].

5-13           SECTION 4.  Section 6, Article 42.18, Code of Criminal

5-14     Procedure, is amended to read as follows:

5-15           Sec. 6.  Compensation and Offices of Board Members; Director.

5-16     (a)  The members of the board shall give full time to the duties of

5-17     their office and shall be paid such salaries as the legislature may

5-18     determine in appropriation Acts.  The governor shall designate one

5-19     member to serve as the presiding officer [chairman] of the board,

5-20     and the presiding officer [chairman] serves in that capacity at the

5-21     pleasure of the governor.

5-22           (b)  The executive director of the department shall hire the

5-23     director.  The director is responsible for the day-to-day

5-24     administration of the division.

5-25           (c)  [To facilitate the work of the Board of Pardons and

5-26     Paroles, the governor shall appoint the chairman of the board to

5-27     serve as chairman of the executive committee.  The chairman shall

 6-1     appoint six board members to serve on the executive committee.  The

 6-2     committee members serve in that capacity at the pleasure of the

 6-3     chairman.  The executive committee shall coordinate activities of

 6-4     the board, assure maximum efficiency and fair distribution of the

 6-5     caseload, and administer other matters as required by the chairman.]

 6-6           [(d)]  The policy board, after consultation with the governor

 6-7     and the Texas Board of Criminal Justice, shall adopt a mission

 6-8     statement that reflects those responsibilities for the operation of

 6-9     the parole process that are assigned to the policy board, the

6-10     board, [and those responsibilities for the operation of the parole

6-11     process that are assigned to] the division, the department, or the

6-12     Texas Board of Criminal Justice.  The policy board shall include in

6-13     the mission statement a description of specific locations at which

6-14     the board intends to conduct business related to the operation of

6-15     the parole process.

6-16           SECTION 5.  Section 6A, Article 42.18, Code of Criminal

6-17     Procedure, is amended to read as follows:

6-18           Sec. 6A.  POLICY [PERSONNEL OF] BOARD:  COMPOSITION; GENERAL

6-19     DUTIES.  (a)  The governor shall designate six members of the board

6-20     to serve as the Board of Pardons and Paroles Policy Board.  The

6-21     governor shall designate the  presiding officer of the board as one

6-22     of the six members of the policy board, and the presiding officer

6-23     of the board shall serve as presiding officer of the policy board.

6-24     Service on the policy board is an additional duty of office for

6-25     members appointed to the policy board.

6-26           (b)  Members of the board designated as members of the policy

6-27     board serve on the policy board for six-year terms that are

 7-1     concurrent with their six-year terms on the board, with the service

 7-2     of two members expiring February 1 of each odd-numbered year.

 7-3           (c)  The policy board shall:

 7-4                 (1)  adopt rules relating to the decision-making

 7-5     processes used by the board and parole panels;

 7-6                 (2)  establish caseloads for members of the board and

 7-7     assign duties to members of the policy board that are in addition

 7-8     to the duties those members have in handling a caseload;

 7-9                 (3)  update parole guidelines, assign precedential

7-10     value to previous decisions of the board relating to the granting

7-11     of parole and the revocation of parole or mandatory supervision,

7-12     and develop policies to ensure that members of the board use

7-13     guidelines and previous decisions of the board in making decisions

7-14     under this article;

7-15                 (4)  require members of the board to file activity

7-16     reports, on forms provided by the policy board, that provide

7-17     information on release decisions made by members of the board, the

7-18     workload of the members of the board, and the use of parole

7-19     guidelines by members of the board; and

7-20                 (5)  report at least annually to the governor and the

7-21     legislature on board activities, parole release decisions, and the

7-22     use of parole guidelines by the board.  [The board may adopt rules

7-23     as necessary for the employment and supervision of personnel of the

7-24     board.]

7-25           (d) [(b)]  The policy board shall employ and supervise:

7-26                 (1)  a general counsel to the board;

7-27                 (2)  a board administrator to manage the day-to-day

 8-1     activities of the board [an administrative assistant];

 8-2                 (3)  hearing officers;

 8-3                 (4)  personnel to assist in clemency matters; and

 8-4                 (5)  secretarial or clerical personnel.

 8-5           [(c)  The board shall develop and implement personnel

 8-6     policies.]

 8-7           SECTION 6.  Chapter 42.18, Code of Criminal Procedure, is

 8-8     amended by adding Sections 6C and 6D to read as follows:

 8-9           Sec. 6C.  POLICY BOARD:  GENERAL ADMINISTRATIVE PROVISIONS.

8-10     (a)  The policy board shall:

8-11                 (1)  develop and implement policies that clearly

8-12     separate the policy-making responsibilities of the policy board and

8-13     the management responsibilities of the board administrator and the

8-14     staff of the board;

8-15                 (2)  prepare information of public interest describing

8-16     the functions of the board and make the information available to

8-17     the public and appropriate state agencies;

8-18                 (3)  comply with federal and state laws related to

8-19     program and facility accessibility; and

8-20                 (4)  prepare annually a complete and detailed written

8-21     report that meets the reporting requirements applicable to

8-22     financial reporting provided in the General Appropriations Act and

8-23     accounts for all funds received and disbursed by the board during

8-24     the preceding fiscal year.

8-25           (b)  The board administrator shall prepare and maintain a

8-26     written plan that describes how a person who does not speak English

8-27     can be provided reasonable access to the board's programs and

 9-1     services.

 9-2           (c)  The policy board is subject to the open meetings law,

 9-3     Chapter 551, Government Code, and the administrative procedure law,

 9-4     Chapter 2001, Government Code, as if it were, respectively, a

 9-5     governmental body or a state agency under those laws.

 9-6           Sec. 6D.  BOARD PERSONNEL.  (a)  The board administrator or

 9-7     the board administrator's designee shall prepare and maintain a

 9-8     written policy statement to assure implementation of a program of

 9-9     equal employment opportunity under which all personnel transactions

9-10     of the board are made without regard to race, color, disability,

9-11     sex, religion, age, or national origin.  The policy statement must

9-12     include:

9-13                 (1)  personnel policies, including policies relating to

9-14     recruitment, evaluation, selection, appointment, training, and

9-15     promotion of personnel that are in compliance with requirements of

9-16     Chapter 21, Labor Code;

9-17                 (2)  a comprehensive analysis of the board workforce

9-18     that meets federal and state guidelines;

9-19                 (3)  procedures by which a determination can be made

9-20     about the extent of underuse in the board workforce of all persons

9-21     for whom federal or state guidelines encourage a more equitable

9-22     balance; and

9-23                 (4)  reasonable methods to appropriately address those

9-24     areas of  underuse.

9-25           (b)  A policy statement prepared under Subsection (a) must

9-26     cover an annual period, be updated annually and reviewed by the

9-27     Commission on Human Rights for compliance with Subsection (a)(1),

 10-1    and be filed with the governor's office.

 10-2          (c)  The governor's office shall deliver a biennial report to

 10-3    the  legislature based on the information received under Subsection

 10-4    (b).  The report may be made separately or as a part of other

 10-5    biennial reports made to the legislature.

 10-6          (d)  The board administrator or the board administrator's

 10-7    designee shall develop an intra-agency career ladder program that

 10-8    addresses opportunities for mobility and advancement for employees

 10-9    within the board.  The program shall require intra-agency posting

10-10    of all positions concurrently with any public posting.

10-11          (e)  The board administrator or the board administrator's

10-12    designee shall develop a system of annual performance evaluations

10-13    that are based on  documented employee performance.  All merit pay

10-14    for board employees must be based on the system established under

10-15    this subsection.

10-16          SECTION 7.  Section 7, Article 42.18, Code of Criminal

10-17    Procedure, is amended by amending Subsections (c), (d), (f), and

10-18    (h) and by adding Subsection (i) to read as follows:

10-19          (c)  The policy board shall develop and implement a policy

10-20    that clearly defines circumstances under which a board member

10-21    should disqualify himself from voting on a parole decision or on a

10-22    decision to revoke parole or mandatory supervision.

10-23          (d)  The policy board may provide and promulgate a written

10-24    plan for the administrative review by the entire membership or a

10-25    subset of the entire membership of the board of actions taken by a

10-26    parole panel.

10-27          (f)  The members of the policy board shall meet at least once

 11-1    in each quarter of the calendar year at a site determined by the

 11-2    presiding officer [chairman].  The members of the board are not

 11-3    required to meet as a body to perform the members' duties in

 11-4    clemency matters.

 11-5          (h)  The policy board shall develop for board [its] members a

 11-6    comprehensive training and education program on the Texas criminal

 11-7    justice system, with special emphasis on the parole process.

 11-8    Before a member of the board, the policy board, or a parole panel

 11-9    may assume the member's duties and before the member may be

11-10    confirmed by the senate, the member must complete the program and

11-11    at least one course of the training program established under

11-12    Subsection (i).  [A new member may not participate in a vote of the

11-13    board or a panel until the member completes the program.]

11-14          (i)  A training program established under this subsection

11-15    shall provide information to the member regarding:

11-16                (1)  the enabling legislation that created the board

11-17    and the policy board;

11-18                (2)  the programs operated by the board;

11-19                (3)  the role and functions of the board;

11-20                (4)  the rules of the board with an emphasis on the

11-21    rules that relate to disciplinary and investigatory authority;

11-22                (5)  the current budget for the board;

11-23                (6)  the results of the most recent formal audit of the

11-24    board;

11-25                (7)  the requirements of the:

11-26                      (A)  open meetings law, Chapter 551, Government

11-27    Code;

 12-1                      (B)  open records law, Chapter 552, Government

 12-2    Code; and

 12-3                      (C)  administrative procedure law, Chapter 2001,

 12-4    Government Code;

 12-5                (8)  the requirements of the conflict of interest laws

 12-6    and other laws relating to public officials; and

 12-7                (9)  any applicable ethics policies adopted by the

 12-8    policy board or the Texas Ethics Commission.

 12-9          SECTION 8.  Section 8(g), Article 42.18, Code of Criminal

12-10    Procedure, as amended by Chapters 397 and 988, Acts of the 73rd

12-11    Legislature, Regular Session, 1993, is amended to read as follows:

12-12          (g)  The policy board may adopt such other reasonable rules

12-13    not inconsistent with law as it may deem proper or necessary with

12-14    respect to the eligibility of prisoners for parole and mandatory

12-15    supervision, the conduct of parole and mandatory supervision

12-16    hearings, or conditions to be imposed upon parolees and persons

12-17    released to mandatory supervision.  Each person to be released on

12-18    parole shall be furnished a contract setting forth in clear and

12-19    intelligible language the conditions and rules of parole.  The

12-20    parole panel may include as a condition of parole or mandatory

12-21    supervision any condition that a court may impose on a defendant

12-22    placed on community supervision under Article 42.12 of this code,

12-23    including the condition that the person released submit to testing

12-24    for controlled substances or submit to electronic monitoring if the

12-25    parole panel determines that absent testing for controlled

12-26    substances or participation in an electronic monitoring program the

12-27    person would not be released on parole.   Acceptance, signing, and

 13-1    execution of the contract by the inmate to be paroled shall be a

 13-2    precondition to release on parole.  Persons released on mandatory

 13-3    supervision shall be furnished a written statement setting forth in

 13-4    clear and intelligible language the conditions and rules of

 13-5    mandatory supervision.  The parole panel may also require as a

 13-6    condition of parole or release to mandatory supervision that the

 13-7    person make payments in satisfaction of damages the person is

 13-8    liable for under Section 500.002, Government Code. The parole panel

 13-9    shall require as a condition of parole or mandatory supervision

13-10    that the person register under Article 6252-13c.1, Revised

13-11    Statutes.  The parole panel may require as a condition of parole or

13-12    release to mandatory supervision that the person attend counseling

13-13    sessions for substance abusers or participate in substance abuse

13-14    treatment services in a program or facility approved or licensed by

13-15    the Texas Commission on Alcohol and Drug Abuse if the person was

13-16    sentenced for an offense involving controlled substances or the

13-17    panel determines that the defendant's substance abuse was connected

13-18    to the commission of the offense.  The parole panel shall require

13-19    as a condition of parole or mandatory supervision that  an inmate

13-20    who immediately before release is a participant in the program

13-21    established under Section 501.0931, Government Code, participate in

13-22    a drug or alcohol abuse continuum of care treatment program.

13-23          SECTION 9.  Section 11(a), Article 42.18, Code of Criminal

13-24    Procedure, is amended to read as follows:

13-25          (a)  The policy board shall adopt rules as to:

13-26                (1)  the submission and presentation of information and

13-27    arguments to the board, parole panels, and the department for and

 14-1    in behalf of an inmate; and

 14-2                (2)  the time, place, and manner of contact between a

 14-3    person representing an inmate and a member of the board, an

 14-4    employee of the board, or an employee of the department.

 14-5          SECTION 10.  Section 14, Article 42.18, Code of Criminal

 14-6    Procedure, is amended to read as follows:

 14-7          Sec. 14.  Hearings; Sanctions.  (a)  Whenever a prisoner or a

 14-8    person granted a conditional pardon is accused of a violation of

 14-9    his parole, mandatory supervision, or conditional pardon, on

14-10    information and complaint by a law enforcement officer or parole

14-11    officer, or is arrested after an ineligible release, he shall be

14-12    entitled to be heard on such charges before a parole panel or a

14-13    designee of the board under such rules as the policy board may

14-14    adopt; provided, however, said hearing shall be held within 70 days

14-15    of the date of arrest under a warrant issued by the director or a

14-16    designated agent of the director or by the board on order by the

14-17    governor and at a time and place set by that parole panel or

14-18    designee.  The panel or designee may hold the hearing at a date

14-19    later than the date otherwise required by this section if it

14-20    determines a delay is necessary to assure due process for the

14-21    person, except that the authority issuing the warrant shall

14-22    immediately withdraw the warrant if the hearing is not held before

14-23    the 121st day after the date of arrest. If a parole panel or

14-24    designee determines that a parolee, mandatory supervisee, or person

14-25    granted a conditional pardon has been convicted in a court of

14-26    competent jurisdiction of a felony offense committed while an

14-27    administrative releasee and has been sentenced by the court to a

 15-1    term of incarceration in a penal institution, the determination is

 15-2    to be considered a sufficient hearing to revoke the parole or

 15-3    mandatory supervision or recommend to the governor revocation of a

 15-4    conditional pardon without further hearing, except that the parole

 15-5    panel or designee shall conduct a hearing to consider mitigating

 15-6    circumstances if requested by the parolee, mandatory supervisee, or

 15-7    person granted a conditional pardon.  When the parole panel or

 15-8    designee has heard the facts, the board may recommend to the

 15-9    governor that the conditional pardon be continued, revoked, or

15-10    modified, or it may continue, revoke, or modify the parole or

15-11    mandatory supervision, in any manner warranted by the evidence.

15-12    The parole panel or designee must make its recommendation or

15-13    decision no later than the 30th day after the date the hearing is

15-14    concluded.  When a person's parole, mandatory supervision, or

15-15    conditional pardon is revoked, that person may be required to serve

15-16    the portion remaining of the sentence on which he was released,

15-17    such portion remaining to be calculated without credit for the time

15-18    from the date of his release to the date of revocation.  When a

15-19    warrant is issued charging a violation of release conditions, the

15-20    sentence time credit may be suspended until a determination is made

15-21    in such case and such suspended time credit may be reinstated

15-22    should such parole, mandatory supervision, or conditional pardon be

15-23    continued.

15-24          (b)  [The board shall develop and implement a training

15-25    program for designees of the board who conduct hearings under this

15-26    section.  The training program must assist the designees in

15-27    understanding issues relating to the revocation process.]

 16-1          [(c)]  The requirement in Subsection (a) that a warrant be

 16-2    withdrawn does not apply if the person:

 16-3                (1)  has been removed from the custody of a county

 16-4    sheriff by the department and placed in a community residential

 16-5    facility;

 16-6                (2)  is in custody in another state or in a federal

 16-7    correctional facility;

 16-8                (3)  is granted a continuance, not to exceed the 181st

 16-9    day after the arrest, or the attorney representing the person or

16-10    the attorney representing the state is granted a continuance, not

16-11    to exceed the 181st day after the arrest; or

16-12                (4)  is subject to pending criminal charges that have

16-13    not been adjudicated.

16-14          SECTION 11.  Article 42.18, Code of Criminal Procedure, is

16-15    amended by adding Section 14A to read as follows:

16-16          Sec. 14A.  DESIGNEE TRAINING; HANDBOOK.  (a)  The policy

16-17    board shall:

16-18                (1)  develop and implement a training program that each

16-19    newly hired employee of the board designated to conduct hearings

16-20    under Section 14 must complete before conducting a hearing without

16-21    the assistance of a board member or experienced designee; and

16-22                (2)  develop and implement a training program to

16-23    provide an annual update to designees of the board on issues and

16-24    procedures relating to the revocation process.

16-25          (b)  The policy board shall prepare and biennially update a

16-26    procedural manual to be used by designees of the board.  The policy

16-27    board shall include in the manual:

 17-1                (1)  descriptions of decisions in previous hearings

 17-2    determined by the policy board to have value as precedents for

 17-3    decisions in subsequent hearings;

 17-4                (2)  laws and court decisions relevant to decision

 17-5    making in hearings; and

 17-6                (3)  case studies useful in decision making in

 17-7    hearings.

 17-8          (c)  The policy board shall prepare and update as necessary a

 17-9    handbook to be made available to participants in hearings under

17-10    Section 14, such as defense attorneys, persons released on parole

17-11    or mandatory supervision, and witnesses.   The handbook must

17-12    describe in plain language the procedures used in a hearing under

17-13    Section 14.

17-14          SECTION 12.  The initial designations of the members of the

17-15    Board of Pardons and Paroles Policy Board, as required by Section

17-16    6A, Article 42.18, Code of Criminal Procedure, as amended by this

17-17    Act, are as provided by this section.  On or before January 1,

17-18    1998, the governor shall designate two members of the Board of

17-19    Pardons and Paroles with terms expiring February 1, 1999, to serve

17-20    terms on the policy board expiring on February 1, 1999, two members

17-21    of the board with terms expiring February 1, 2001, to serve terms

17-22    on the policy board expiring on February 1, 2001, and two members

17-23    of the board with terms expiring February 1, 2003, to serve terms

17-24    on the policy board expiring on February 1, 2003.  On expiration of

17-25    those terms, the term of a member of the policy board is six years,

17-26    to be served concurrently with the member's term on the board.

17-27          SECTION 13.  (a)  The Board of Pardons and Paroles Policy

 18-1    Board shall develop and implement the training programs described

 18-2    by Subsections (a)(1) and (2), Section 14A, Article 42.18, Code of

 18-3    Criminal Procedure, as added by this Act, not later than June 1,

 18-4    1998.  The requirement that a newly hired employee of the board

 18-5    complete a training program described under Subsection (a)(1),

 18-6    Section 14A, before conducting a hearing without assistance applies

 18-7    only to an employee hired on or after June 1, 1998.

 18-8          (b)  The policy board shall prepare and make available the

 18-9    procedural manual and the handbook described by Subsections (b) and

18-10    (c), Section 14A, Article 42.18, Code of Criminal Procedure, as

18-11    added by this Act, not later than June 1, 1998.

18-12          SECTION 14.  On January 1, 1998, a rule, form, or policy

18-13    adopted by the Board of Pardons and Paroles is a rule, form, or

18-14    policy of the Board of Pardons and Paroles Policy Board.

18-15          SECTION 15.  This Act takes effect September 1, 1997.

18-16          SECTION 16.  The importance of this legislation and the

18-17    crowded condition of the calendars in both houses create an

18-18    emergency and an imperative public necessity that the

18-19    constitutional rule requiring bills to be read on three several

18-20    days in each house be suspended, and this rule is hereby suspended.