By Gallego, Naishtat                                   H.B. No. 245
         76R10557 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the procedures for determining whether a defendant
 1-3     sentenced to death is incompetent for purposes of execution.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 46, Code of Criminal Procedure, is
 1-6     amended by adding Article 46.04 to read as follows:
 1-7           Art. 46.04.  COMPETENCY TO BE EXECUTED.  (a)  A person who is
 1-8     incompetent to be executed may not be executed.
 1-9           (b)  The trial court retains jurisdiction over motions
1-10     brought by or for a defendant under this article.
1-11           (c)  If the attorney representing the state, the attorney
1-12     representing the defendant, or the trial court on its own motion
1-13     raises the issue as to whether a defendant is incompetent to be
1-14     executed, the trial court shall order at least two mental health
1-15     experts to examine the defendant and using the standard described
1-16     by Subsection (d) determine whether the defendant is incompetent to
1-17     be executed.
1-18           (d)  A defendant is incompetent to be executed if the
1-19     defendant does not understand:
1-20                 (1)  that he or she is to be executed and that the
1-21     execution is imminent; and
1-22                 (2)  the reason he or she is being executed.
1-23           (e)  Mental health experts who examine a defendant under this
1-24     article shall provide within a time ordered by the court copies of
 2-1     their reports to the attorney representing the state, the attorney
 2-2     representing the defendant, and the court.
 2-3           (f)  If on the basis of reports provided by mental health
 2-4     experts under this article the court finds the defendant is
 2-5     incompetent to be executed, the defendant may not be executed.  The
 2-6     trial court periodically shall order that the convicted person be
 2-7     reexamined by mental health experts to determine whether the
 2-8     convicted person is no longer incompetent to be executed.
 2-9           (g)  If on the basis of reports issued by mental health
2-10     experts under this article the court finds that the defendant is
2-11     not incompetent to be executed, the trial court may set an
2-12     execution date as otherwise provided by law.
2-13           SECTION 2.  This Act takes effect September 1, 1999.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.