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.
8-17 * * * * *