1-1     By:  Gray (Senate Sponsor - Brown)                    H.B. No. 1386

 1-2           (In the Senate - Received from the House April 9, 1997;

 1-3     April 10, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; April 30, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 6, Nays 0; April 30, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                            By:  Patterson

 1-8     Amend H.B. 1386 as follows:

 1-9     On page 4, line 33 of the House Engrossment, insert a new

1-10     subsection (d) as follows:

1-11     (d)  Members of the board who are not members of the policy board

1-12     may participate in policy board meetings, but shall have no vote.

1-13                            A BILL TO BE ENTITLED

1-14                                   AN ACT

1-15     relating to the continuation and the functions of the Board of

1-16     Pardons and Paroles.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Section 2, Article 42.18, Code of Criminal

1-19     Procedure, is amended by adding Subdivision (10) to read as

1-20     follows:

1-21                 (10)  "Policy board" means the Board of Pardons and

1-22     Paroles Policy Board.

1-23           SECTION 2.  Section 4, Article 42.18, Code of Criminal

1-24     Procedure, is amended to read as follows:

1-25           Sec. 4.  Eligibility for Membership.  (a)  Board members must

1-26     be representative of the general public.  A member must be a

1-27     resident citizen of this state and must have resided in this state

1-28     for the two years preceding appointment.  A person is not eligible

1-29     for appointment as a public member if the person or the person's

1-30     spouse:

1-31                 (1)  is employed by or participates in the management

1-32     of a business entity or other organization receiving funds from the

1-33     department or the board;

1-34                 (2)  owns or controls directly or indirectly more than

1-35     a 10 percent interest in a business entity or other organization

1-36     regulated by the department or receiving funds from the department

1-37     or the board; or

1-38                 (3)  uses or receives a substantial amount of tangible

1-39     goods, services, or funds from the department or the board, other

1-40     than compensation or reimbursement authorized by law for board

1-41     membership, attendance, or expenses.

1-42           (a-1)  In determining eligibility under Subsection (a)(3) of

1-43     this section, the compensation or reimbursement that a board

1-44     member's spouse receives as an employee of the board or of the

1-45     Texas Department of Criminal Justice may not be considered.  This

1-46     subsection does not affect any restriction on employment or board

1-47     membership imposed by any other law.

1-48           (b)  An employee or paid officer or consultant of a trade

1-49     association in the field of criminal justice may not be a member of

1-50     the board or be an employee of the division or the board who is

1-51     exempt from the state's position classification plan or who is

1-52     compensated at or above the amount prescribed by the General

1-53     Appropriations Act for step 1, salary group 17, of the position

1-54     classification salary schedule.  A person who is the spouse of an

1-55     officer, [any] manager, or paid consultant of a trade association

1-56     in the field of criminal justice may not be a member of the board

1-57     and may not be an employee of the division or the board who is [,

1-58     including an employee] exempt from the state's classification plan

1-59     or [, who] is compensated at or above the amount prescribed by the

1-60     General Appropriations Act for step 1, salary group 17, of the

1-61     position classification salary schedule.  For the purposes of this

1-62     section, a trade association is a nonprofit, cooperative, and

1-63     voluntarily joined association of business or professional

1-64     competitors designed to assist its members and its industry or

 2-1     profession in dealing with mutual business or professional problems

 2-2     and in promoting their common interests.

 2-3           (c)  A person who is required to register as a lobbyist under

 2-4     Chapter 305, Government Code, by virtue of the person's activities

 2-5     for compensation in or on behalf of a profession related to the

 2-6     operation of the board, may not serve as a member of the board or

 2-7     act as the general counsel to the board or division.

 2-8           (d)  Appointments to the board shall be made without regard

 2-9     to the race, color, handicap, sex, religion, age, or national

2-10     origin of the appointees.

2-11           (e)  It is a ground for removal from the board if a member:

2-12                 (1)  does not have at the time of appointment the

2-13     qualifications required by Subsection (a) of this section for

2-14     appointment to the board;

2-15                 (2)  does not maintain during the member's service on

2-16     the board the qualifications required by Subsection (a) of this

2-17     section for appointment to the board;

2-18                 (3)  violates a prohibition established by Subsections

2-19     (b) and (c) of this section;

2-20                 (4)  is unable to discharge the member's duties for a

2-21     substantial part of the term for which the member is [was]

2-22     appointed because of illness or disability; or

2-23                 (5)  is absent from more than half of the regularly

2-24     scheduled board or panel meetings that the member is eligible to

2-25     attend during each calendar year, except when the absence is

2-26     excused by majority vote of the board.

2-27           (f)  It is a ground for removal from the board and the policy

2-28     board if a member of the policy board is absent from more than half

2-29     of the regularly scheduled policy board meetings that the member is

2-30     eligible to attend during each calendar year.

2-31           (g)  The board administrator or the board administrator's

2-32     designee shall provide to members of the board, members of the

2-33     policy board, and to employees, as often as necessary, information

2-34     regarding their qualification for office or employment under this

2-35     article and their responsibilities under applicable laws relating

2-36     to standards of conduct for state officers or employees.

2-37           (h)  The validity of an action of:

2-38                 (1)  the board or panel is not affected by the fact

2-39     that it is [was] taken when a ground for removal of a member of the

2-40     board exists; and

2-41                 (2)  the policy board is not affected by the fact that

2-42     it is taken when a ground for removal of a member of the policy

2-43     board exists [existed].

2-44           (i) [(g)]  If the general counsel to the board [director] has

2-45     knowledge that a potential ground for removal exists, the general

2-46     counsel [director] shall notify the presiding officer [chairman] of

2-47     the board of the potential ground.  The presiding officer

2-48     [chairman]  of the board shall then notify the governor and the

2-49     attorney general that a potential ground for removal exists. If the

2-50     potential ground for removal involves the presiding officer, the

2-51     general counsel to the board shall notify the governor and the

2-52     attorney general that a potential ground for removal exists.

2-53           (j) [(h)]  The financial transactions of the division and the

2-54     board are subject to audit by the state auditor in accordance with

2-55     Chapter 321, Government Code.

2-56           SECTION 3.  Section 5, Article 42.18, Code of Criminal

2-57     Procedure, is amended to read as follows:

2-58           Sec. 5.  Sunset Provisions.  The Board of Pardons and Paroles

2-59     is subject to review under Chapter 325, Government Code (Texas

2-60     Sunset Act), but is not abolished under that chapter.  The board

2-61     shall be reviewed during the period in which the Texas Department

2-62     of Criminal Justice is reviewed [in a timely manner to permit

2-63     recommendations for necessary legislation to be made to the 75th

2-64     Legislature, Regular Session, 1997].

2-65           SECTION 4.  Section 6, Article 42.18, Code of Criminal

2-66     Procedure, is amended to read as follows:

2-67           Sec. 6.  Compensation and Offices of Board Members; Director.

2-68     (a)  The members of the board shall give full time to the duties of

2-69     their office and shall be paid such salaries as the legislature may

 3-1     determine in appropriation Acts.  The governor shall designate one

 3-2     member to serve as the presiding officer [chairman] of the board,

 3-3     and the presiding officer [chairman] serves in that capacity at the

 3-4     pleasure of the governor.

 3-5           (b)  The executive director of the department shall hire the

 3-6     director.  The director is responsible for the day-to-day

 3-7     administration of the division.

 3-8           (c)  [To facilitate the work of the Board of Pardons and

 3-9     Paroles, the governor shall appoint the chairman of the board to

3-10     serve as chairman of the executive committee.  The chairman shall

3-11     appoint six board members to serve on the executive committee.  The

3-12     committee members serve in that capacity at the pleasure of the

3-13     chairman.  The executive committee shall coordinate activities of

3-14     the board, assure maximum efficiency and fair distribution of the

3-15     caseload, and administer other matters as required by the chairman.]

3-16           [(d)]  The policy board, after consultation with the governor

3-17     and the Texas Board of Criminal Justice, shall adopt a mission

3-18     statement that reflects those responsibilities for the operation of

3-19     the parole process that are assigned to the policy board, the

3-20     board, [and those responsibilities for the operation of the parole

3-21     process that are assigned to] the division, the department, or the

3-22     Texas Board of Criminal Justice.  The policy board shall include in

3-23     the mission statement a description of specific locations at which

3-24     the board intends to conduct business related to the operation of

3-25     the parole process.

3-26           SECTION 5.  Section 6A, Article 42.18, Code of Criminal

3-27     Procedure, is amended to read as follows:

3-28           Sec. 6A.  POLICY [PERSONNEL OF] BOARD:  COMPOSITION; GENERAL

3-29     DUTIES.  (a)  The governor shall designate six members of the board

3-30     to serve as the Board of Pardons and Paroles Policy Board.  The

3-31     governor shall designate the  presiding officer of the board as one

3-32     of the six members of the policy board, and the presiding officer

3-33     of the board shall serve as presiding officer of the policy board.

3-34     Service on the policy board is an additional duty of office for

3-35     members appointed to the policy board.

3-36           (b)  Members of the board designated as members of the policy

3-37     board serve on the policy board for six-year terms that are

3-38     concurrent with their six-year terms on the board, with the service

3-39     of two members expiring February 1 of each odd-numbered year.

3-40           (c)  The policy board shall:

3-41                 (1)  adopt rules relating to the decision-making

3-42     processes used by the board and parole panels;

3-43                 (2)  establish caseloads for members of the board and

3-44     assign duties to members of the policy board that are in addition

3-45     to the duties those members have in handling a caseload;

3-46                 (3)  update parole guidelines, assign precedential

3-47     value to previous decisions of the board relating to the granting

3-48     of parole and the revocation of parole or mandatory supervision,

3-49     and develop policies to ensure that members of the board use

3-50     guidelines and previous decisions of the board in making decisions

3-51     under this article;

3-52                 (4)  require members of the board to file activity

3-53     reports, on forms provided by the policy board, that provide

3-54     information on release decisions made by members of the board, the

3-55     workload of the members of the board, and the use of parole

3-56     guidelines by members of the board; and

3-57                 (5)  report at least annually to the governor and the

3-58     legislature on board activities, parole release decisions, and the

3-59     use of parole guidelines by the board.  [The board may adopt rules

3-60     as necessary for the employment and supervision of personnel of the

3-61     board.]

3-62           (d) [(b)]  The policy board shall employ and supervise:

3-63                 (1)  a general counsel to the board;

3-64                 (2)  a board administrator to manage the day-to-day

3-65     activities of the board [an administrative assistant];

3-66                 (3)  hearing officers;

3-67                 (4)  personnel to assist in clemency matters; and

3-68                 (5)  secretarial or clerical personnel.

3-69           [(c)  The board shall develop and implement personnel

 4-1     policies.]

 4-2           SECTION 6.  Chapter 42.18, Code of Criminal Procedure, is

 4-3     amended by adding Sections 6C and 6D to read as follows:

 4-4           Sec. 6C.  POLICY BOARD:  GENERAL ADMINISTRATIVE PROVISIONS.

 4-5     (a)  The policy board shall:

 4-6                 (1)  develop and implement policies that clearly

 4-7     separate the policy-making responsibilities of the policy board and

 4-8     the management responsibilities of the board administrator and the

 4-9     staff of the board;

4-10                 (2)  prepare information of public interest describing

4-11     the functions of the board and make the information available to

4-12     the public and appropriate state agencies;

4-13                 (3)  comply with federal and state laws related to

4-14     program and facility accessibility; and

4-15                 (4)  prepare annually a complete and detailed written

4-16     report that meets the reporting requirements applicable to

4-17     financial reporting provided in the General Appropriations Act and

4-18     accounts for all funds received and disbursed by the board during

4-19     the preceding fiscal year.

4-20           (b)  The board administrator shall prepare and maintain a

4-21     written plan that describes how a person who does not speak English

4-22     can be provided reasonable access to the board's programs and

4-23     services.

4-24           (c)  The policy board is subject to the open meetings law,

4-25     Chapter 551, Government Code, and the administrative procedure law,

4-26     Chapter 2001, Government Code, as if it were, respectively, a

4-27     governmental body or a state agency under those laws.  This

4-28     subsection does not affect the provisions of Section 2001.223,

4-29     Government Code, exempting hearings and interviews conducted by the

4-30     board or the division from Section 2001.038 and Subchapters C-H,

4-31     Chapter 2001, Government Code.

4-32           Sec. 6D.  BOARD PERSONNEL.  (a)  The board administrator or

4-33     the board administrator's designee shall prepare and maintain a

4-34     written policy statement to assure implementation of a program of

4-35     equal employment opportunity under which all personnel transactions

4-36     of the board are made without regard to race, color, disability,

4-37     sex, religion, age, or national origin.  The policy statement must

4-38     include:

4-39                 (1)  personnel policies, including policies relating to

4-40     recruitment, evaluation, selection, appointment, training, and

4-41     promotion of personnel that are in compliance with requirements of

4-42     Chapter 21, Labor Code;

4-43                 (2)  a comprehensive analysis of the board workforce

4-44     that meets federal and state laws, rules, and regulations, and

4-45     instructions promulgated directly from those laws, rules, and

4-46     regulations;

4-47                 (3)  procedures by which a determination can be made

4-48     about the extent of underuse in the board workforce of all persons

4-49     for whom federal or state laws, rules, and regulations, and

4-50     instructions promulgated directly from those laws, rules, and

4-51     regulations encourage a more equitable balance; and

4-52                 (4)  reasonable methods to appropriately address those

4-53     areas of  underuse.

4-54           (b)  A policy statement prepared under Subsection (a) must

4-55     cover an annual period, be updated annually and reviewed by the

4-56     Commission on Human Rights for compliance with Subsection (a)(1),

4-57     and be filed with the governor's office.

4-58           (c)  The governor's office shall deliver a biennial report to

4-59     the  legislature based on the information received under Subsection

4-60     (b).  The report may be made separately or as a part of other

4-61     biennial reports made to the legislature.

4-62           (d)  The board administrator or the board administrator's

4-63     designee shall develop an intra-agency career ladder program that

4-64     addresses opportunities for mobility and advancement for employees

4-65     within the board.  The program shall require intra-agency posting

4-66     of all positions concurrently with any public posting.

4-67           (e)  The board administrator or the board administrator's

4-68     designee shall develop a system of annual performance evaluations

4-69     that are based on  documented employee performance.  All merit pay

 5-1     for board employees must be based on the system established under

 5-2     this subsection.

 5-3           SECTION 7.  Section 7, Article 42.18, Code of Criminal

 5-4     Procedure, is amended by amending Subsections (c), (d), (f), and

 5-5     (h) and by adding Subsection (i) to read as follows:

 5-6           (c)  The policy board shall develop and implement a policy

 5-7     that clearly defines circumstances under which a board member

 5-8     should disqualify himself from voting on a parole decision or on a

 5-9     decision to revoke parole or mandatory supervision.

5-10           (d)  The policy board may provide and promulgate a written

5-11     plan for the administrative review by the entire membership or a

5-12     subset of the entire membership of the board of actions taken by a

5-13     parole panel.

5-14           (f)  The members of the policy board shall meet at least once

5-15     in each quarter of the calendar year at a site determined by the

5-16     presiding officer [chairman].  The members of the board are not

5-17     required to meet as a body to perform the members' duties in

5-18     clemency matters.

5-19           (h)  The policy board shall develop for board [its] members a

5-20     comprehensive training and education program on the Texas criminal

5-21     justice system, with special emphasis on the parole process.

5-22     Before a member of the board, the policy board, or a parole panel

5-23     may assume the member's duties and before the member may be

5-24     confirmed by the senate, the member must complete the program and

5-25     at least one course of the training program established under

5-26     Subsection (i) [A new member may not participate in a vote of the

5-27     board or a panel until the member completes the program].

5-28           (i)  A training program established under this subsection

5-29     shall provide information to the member regarding:

5-30                 (1)  the enabling legislation that created the board

5-31     and the policy board;

5-32                 (2)  the programs operated by the board;

5-33                 (3)  the role and functions of the board;

5-34                 (4)  the rules of the board with an emphasis on the

5-35     rules that relate to disciplinary and investigatory authority;

5-36                 (5)  the current budget for the board;

5-37                 (6)  the results of the most recent formal audit of the

5-38     board;

5-39                 (7)  the requirements of the:

5-40                       (A)  open meetings law, Chapter 551, Government

5-41     Code;

5-42                       (B)  open records law, Chapter 552, Government

5-43     Code; and

5-44                       (C)  administrative procedure law, Chapter 2001,

5-45     Government Code;

5-46                 (8)  the requirements of the conflict of interest laws

5-47     and other laws relating to public officials; and

5-48                 (9)  any applicable ethics policies adopted by the

5-49     policy board or the Texas Ethics Commission.

5-50           SECTION 8.  Section 8(g), Article 42.18, Code of Criminal

5-51     Procedure, as amended by Chapters 397 and 988, Acts of the 73rd

5-52     Legislature, Regular Session, 1993, is amended to read as follows:

5-53           (g)  The policy board may adopt such other reasonable rules

5-54     not inconsistent with law as it may deem proper or necessary with

5-55     respect to the eligibility of prisoners for parole and mandatory

5-56     supervision, the conduct of parole and mandatory supervision

5-57     hearings, or conditions to be imposed upon parolees and persons

5-58     released to mandatory supervision.  Each person to be released on

5-59     parole shall be furnished a contract setting forth in clear and

5-60     intelligible language the conditions and rules of parole.  The

5-61     parole panel may include as a condition of parole or mandatory

5-62     supervision any condition that a court may impose on a defendant

5-63     placed on community supervision under Article 42.12 of this code,

5-64     including the condition that the person released submit to testing

5-65     for controlled substances or submit to electronic monitoring if the

5-66     parole panel determines that absent testing for controlled

5-67     substances or participation in an electronic monitoring program the

5-68     person would not be released on parole.   Acceptance, signing, and

5-69     execution of the contract by the inmate to be paroled shall be a

 6-1     precondition to release on parole.  Persons released on mandatory

 6-2     supervision shall be furnished a written statement setting forth in

 6-3     clear and intelligible language the conditions and rules of

 6-4     mandatory supervision.  The parole panel may also require as a

 6-5     condition of parole or release to mandatory supervision that the

 6-6     person make payments in satisfaction of damages the person is

 6-7     liable for under Section 500.002, Government Code. The parole panel

 6-8     shall require as a condition of parole or mandatory supervision

 6-9     that the person register under Article 6252-13c.1, Revised

6-10     Statutes.  The parole panel may require as a condition of parole or

6-11     release to mandatory supervision that the person attend counseling

6-12     sessions for substance abusers or participate in substance abuse

6-13     treatment services in a program or facility approved or licensed by

6-14     the Texas Commission on Alcohol and Drug Abuse if the person was

6-15     sentenced for an offense involving controlled substances or the

6-16     panel determines that the defendant's substance abuse was connected

6-17     to the commission of the offense.  The parole panel shall require

6-18     as a condition of parole or mandatory supervision that  an inmate

6-19     who immediately before release is a participant in the program

6-20     established under Section 501.0931, Government Code, participate in

6-21     a drug or alcohol abuse continuum of care treatment program.

6-22           SECTION 9.  Section 11(a), Article 42.18, Code of Criminal

6-23     Procedure, is amended to read as follows:

6-24           (a)  The policy board shall adopt rules as to:

6-25                 (1)  the submission and presentation of information and

6-26     arguments to the board, parole panels, and the department for and

6-27     in behalf of an inmate; and

6-28                 (2)  the time, place, and manner of contact between a

6-29     person representing an inmate and a member of the board, an

6-30     employee of the board, or an employee of the department.

6-31           SECTION 10.  Section 14, Article 42.18, Code of Criminal

6-32     Procedure, is amended to read as follows:

6-33           Sec. 14.  Hearings; Sanctions.  (a)  Whenever a prisoner or a

6-34     person granted a conditional pardon is accused of a violation of

6-35     his parole, mandatory supervision, or conditional pardon, on

6-36     information and complaint by a law enforcement officer or parole

6-37     officer, or is arrested after an ineligible release, he shall be

6-38     entitled to be heard on such charges before a parole panel or a

6-39     designee of the board under such rules as the policy board may

6-40     adopt; provided, however, said hearing shall be held within 70 days

6-41     of the date of arrest under a warrant issued by the director or a

6-42     designated agent of the director or by the board on order by the

6-43     governor and at a time and place set by that parole panel or

6-44     designee.  The panel or designee may hold the hearing at a date

6-45     later than the date otherwise required by this section if it

6-46     determines a delay is necessary to assure due process for the

6-47     person, except that the authority issuing the warrant shall

6-48     immediately withdraw the warrant if the hearing is not held before

6-49     the 121st day after the date of arrest. If a parole panel or

6-50     designee determines that a parolee, mandatory supervisee, or person

6-51     granted a conditional pardon has been convicted in a court of

6-52     competent jurisdiction of a felony offense committed while an

6-53     administrative releasee and has been sentenced by the court to a

6-54     term of incarceration in a penal institution, the determination is

6-55     to be considered a sufficient hearing to revoke the parole or

6-56     mandatory supervision or recommend to the governor revocation of a

6-57     conditional pardon without further hearing, except that the parole

6-58     panel or designee shall conduct a hearing to consider mitigating

6-59     circumstances if requested by the parolee, mandatory supervisee, or

6-60     person granted a conditional pardon.  When the parole panel or

6-61     designee has heard the facts, the board may recommend to the

6-62     governor that the conditional pardon be continued, revoked, or

6-63     modified, or it may continue, revoke, or modify the parole or

6-64     mandatory supervision, in any manner warranted by the evidence.

6-65     The parole panel or designee must make its recommendation or

6-66     decision no later than the 30th day after the date the hearing is

6-67     concluded.  When a person's parole, mandatory supervision, or

6-68     conditional pardon is revoked, that person may be required to serve

6-69     the portion remaining of the sentence on which he was released,

 7-1     such portion remaining to be calculated without credit for the time

 7-2     from the date of his release to the date of revocation.  When a

 7-3     warrant is issued charging a violation of release conditions, the

 7-4     sentence time credit may be suspended until a determination is made

 7-5     in such case and such suspended time credit may be reinstated

 7-6     should such parole, mandatory supervision, or conditional pardon be

 7-7     continued.

 7-8           (b)  [The board shall develop and implement a training

 7-9     program for designees of the board who conduct hearings under this

7-10     section.  The training program must assist the designees in

7-11     understanding issues relating to the revocation process.]

7-12           [(c)]  The requirement in Subsection (a) that a warrant be

7-13     withdrawn does not apply if the person:

7-14                 (1)  has been removed from the custody of a county

7-15     sheriff by the department and placed in a community residential

7-16     facility;

7-17                 (2)  is in custody in another state or in a federal

7-18     correctional facility;

7-19                 (3)  is granted a continuance, not to exceed the 181st

7-20     day after the arrest, or the attorney representing the person or

7-21     the attorney representing the state is granted a continuance, not

7-22     to exceed the 181st day after the arrest; or

7-23                 (4)  is subject to pending criminal charges that have

7-24     not been adjudicated.

7-25           SECTION 11.  Article 42.18, Code of Criminal Procedure, is

7-26     amended by adding Section 14A to read as follows:

7-27           Sec. 14A.  DESIGNEE TRAINING; HANDBOOK.  (a)  The policy

7-28     board shall:

7-29                 (1)  develop and implement a training program that each

7-30     newly hired employee of the board designated to conduct hearings

7-31     under Section 14 must complete before conducting a hearing without

7-32     the assistance of a board member or experienced designee; and

7-33                 (2)  develop and implement a training program to

7-34     provide an annual update to designees of the board on issues and

7-35     procedures relating to the revocation process.

7-36           (b)  The policy board shall prepare and biennially update a

7-37     procedural manual to be used by designees of the board.  The policy

7-38     board shall include in the manual:

7-39                 (1)  descriptions of decisions in previous hearings

7-40     determined by the policy board to have value as precedents for

7-41     decisions in subsequent hearings;

7-42                 (2)  laws and court decisions relevant to decision

7-43     making in hearings; and

7-44                 (3)  case studies useful in decision making in

7-45     hearings.

7-46           (c)  The policy board shall prepare and update as necessary a

7-47     handbook to be made available to participants in hearings under

7-48     Section 14, such as defense attorneys, persons released on parole

7-49     or mandatory supervision, and witnesses.   The handbook must

7-50     describe in plain language the procedures used in a hearing under

7-51     Section 14.

7-52           SECTION 12.  The initial designations of the members of the

7-53     Board of Pardons and Paroles Policy Board, as required by Section

7-54     6A, Article 42.18, Code of Criminal Procedure, as amended by this

7-55     Act, are as provided by this section.  On or before January 1,

7-56     1998, the governor shall designate two members of the Board of

7-57     Pardons and Paroles with terms expiring February 1, 1999, to serve

7-58     terms on the policy board expiring on February 1, 1999, two members

7-59     of the board with terms expiring February 1, 2001, to serve terms

7-60     on the policy board expiring on February 1, 2001, and two members

7-61     of the board with terms expiring February 1, 2003, to serve terms

7-62     on the policy board expiring on February 1, 2003.  On expiration of

7-63     those terms, the term of a member of the policy board is six years,

7-64     to be served concurrently with the member's term on the board.

7-65           SECTION 13.  (a)  The Board of Pardons and Paroles Policy

7-66     Board shall develop and implement the training programs described

7-67     by Subsections (a)(1) and (2), Section 14A, Article 42.18, Code of

7-68     Criminal Procedure, as added by this Act, not later than June 1,

7-69     1998.  The requirement that a newly hired employee of the board

 8-1     complete a training program described under Subsection (a)(1),

 8-2     Section 14A, before conducting a hearing without assistance applies

 8-3     only to an employee hired on or after June 1, 1998.

 8-4           (b)  The policy board shall prepare and make available the

 8-5     procedural manual and the handbook described by Subsections (b) and

 8-6     (c), Section 14A, Article 42.18, Code of Criminal Procedure, as

 8-7     added by this Act, not later than June 1, 1998.

 8-8           SECTION 14.  On January 1, 1998, a rule, form, or policy

 8-9     adopted by the Board of Pardons and Paroles is a rule, form, or

8-10     policy of the Board of Pardons and Paroles Policy Board.

8-11           SECTION 15.  This Act takes effect September 1, 1997.

8-12           SECTION 16.  The importance of this legislation and the

8-13     crowded condition of the calendars in both houses create an

8-14     emergency and an imperative public necessity that the

8-15     constitutional rule requiring bills to be read on three several

8-16     days in each house be suspended, and this rule is hereby suspended.

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