By Naishtat                                            H.B. No. 397
         76R604 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the procedure applicable to a decision to commute a
 1-3     sentence of death.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 48, Code of Criminal Procedure, is
 1-6     amended by adding Article 48.041 to read as follows:
 1-7           Art. 48.041.  PROCEDURE FOR COMMUTING SENTENCE OF DEATH.  (a)
 1-8     On request to the Board of Pardons and Paroles that the board
 1-9     recommend that the governor commute a death sentence to a sentence
1-10     of imprisonment, made by the condemned person, the condemned
1-11     person's representative, or a majority of the trial officials of
1-12     the convicting court, the board shall hold a public hearing on the
1-13     matter.  After the public hearing, the board shall:
1-14                 (1)  conduct a closed meeting under Chapter 551,
1-15     Government Code, in a single physical location to consider whether
1-16     to recommend commutation; and
1-17                 (2)  keep and make available to the public a record of:
1-18                       (A)  the board's determination on whether to make
1-19     that recommendation; and
1-20                       (B)  the board's reason for that determination.
1-21           (b)  An inmate and an inmate's counsel are entitled to attend
1-22     the public hearing described by Subsection (a).  Any person,
1-23     including the inmate,  is entitled to testify at that hearing
1-24     within reasonable limits set by the board.
 2-1           SECTION 2.  Section 551.124, Government Code, is amended to
 2-2     read as follows:
 2-3           Sec. 551.124.  BOARD OF PARDONS AND PAROLES.  At the call of
 2-4     the presiding officer of the Board of Pardons and Paroles, the
 2-5     board may hold a hearing on clemency matters in a case other than a
 2-6     capital case by telephone conference call.
 2-7           SECTION 3.  This Act takes effect September 1, 1999.
 2-8           SECTION 4.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.