Senate Research CenterS.B. 352
By: Brown
Criminal Justice


Currently, the Texas Board of Parole and Pardons must be reviewed by the
Texas Sunset Commission.  The Board determines the release of a prisoner on
parole and sets the conditions of parole and revokes parole of an offender
who violates the terms of his or her release.  The Board also makes
clemency recommendations to the Governor.  The clemency process was changed
through a 1983 constitutional amendment that removed the Governor from the
parole process, but authorized the Governor to pardon a prisoner based on
the recommendation from the Parole Board.   

As a constitutional agency, the Parole Board is not subject to abolishment
under the Sunset Act, but the Board's statute requires the agency to be
reviewed by the Sunset Commission in conjunction with the review of the
Texas Department of Criminal Justice.  The required Sunset Commission
review recommended several statutory modifications that are contained in
this legislation.  S.B. 352 will update standard provisions, including
conflicts of interest, board member training, equal employment opportunity
analysis, and other changes.  


As enrolled, S.B. 352 revises requirements for membership or employment by
the Board of Pardons and Paroles. 


This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 


SECTION 1.  Amends Section 508.031(b), Government Code, to delete handicap
and add disability. 

SECTION 2.  Amends Section 508.033, Government Code, to provide that a
person is not eligible for appointment as a member of the board if the
person is an employee of the pardons and paroles division (division) or the
board employed in a "bona fide executive, administrative, or professional
capacity" as defined by the federal Fair Labor Standards Act of 1938
regarding overtime.  Sets forth conflicts of interests for a person under
this subsection.  Deletes the provision prohibiting certain persons from
serving on the board or as an employee of the division or board.  Redefines
"Texas trade association."  Makes conforming changes. 

SECTION 3.  Amends Section 508.034(a), Government Code, to set forth the
grounds for removing a board member.  

SECTION 4.  Amends Sections 508.0362(a) and (c), Government Code, to
require a person who qualifies as a board member to take at least one
training course mentioned in this section before the person may participate
or attend any board meeting, rather than requiring a person to take the
training before the person is considered to be eligible for membership on
the board.  Authorizes the person participating in the training to receive
travel reimbursements, regardless of when the person attends the training

SECTION 5.  Amends Section 508.040, Government Code, to require the board
administrator or the designee to prepare and maintain a written policy
statement that implements, rather than ensures  implementation, of an equal
employment opportunity program.  Sets forth requirements relating to the
implementation of an equal employment opportunity program.  Deletes the
requirements that the board create a report that covers an annual period,
and that the governor deliver a biennial report to the legislature
regarding Subsection (e). Makes conforming changes.   

SECTION 6.  Amends Section 508.042(b), Government Code, to make conforming

SECTION 7.  (a)  Preserves and gives effect to the source law of the
amended code, including Sections 508.033, 508.034(a), 508.0362(a) and (c),
and 508.040, Government Code. 

(b)  Provides that to the extent of any conflict, this Act prevails over
any other Act of the 76th Legislature relating to nonsubstantive additions
and corrections. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.Emergency clause.