Amend CSSB 326 by adding the following sections,
appropriately numbered, and renumbering the existing sections
appropriately.
      SECTION ____.  Section 508.046, Government Code, is amended
to read as follows:
      Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED.  To release on
parole an inmate who was convicted of <a capital felony or> an
offense under Section 21.11 (a)(1) or 22.021, Penal Code, or who is
required under Section 508.145 (c) to serve 35 calendar years
before becoming eligible for release on parole, all members of the
board must vote on the release on parole of the inmate, and at
least two-thirds of the members must vote in favor of the release
on parole.  A member of the board may not vote on the release
unless the member first receives a copy of a written report from
the department on the probability that the inmate would commit an
offense after being released on parole.
      SECTION ____.  Section 508.145(b), Government Code, is
amended to read as follows:
      (b)  An inmate serving a life sentence for a capital felony
is not eligible for release on parole <until the actual calendar
time the inmate has served, without consideration of good conduct
time, equals 40 calendar years>.
      SECTION ____.  Section 2, Article 37.071, Code of Criminal
Procedure, is amended by amending Subsection (e) to read as
follows:
      (e)(1)  The court shall instruct the jury that if the jury
returns an affirmative finding to each issue submitted under
Subsection (b) of this article, it shall answer the following
issue:
      Whether, taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, and the personal moral culpability of the
defendant, there is a sufficient mitigating circumstance or
circumstances to warrant that a sentence of life imprisonment
rather than a death sentence be imposed.
            (2)  The court shall charge the jury that if the jury
returns an affirmative finding on the issue submitted under this
subsection, the court shall sentence the defendant to confinement
in the institutional division of the Texas Department of Criminal
Justice for life.  The court shall further charge the jury that a
defendant sentenced to confinement for life under this article is
ineligible for release from the department on parole or mandatory
supervision.
      SECTION ____.  (a)  The change in law made by this Act
applies only to an offense committed on or after the effective date
of this Act.  For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before the effective date.
      (b)  An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.