By Gallego                                            H.B. No. 2121
         76R6520 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the applicability of the death penalty to a person with
 1-3     mental retardation who is convicted of a capital offense.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 6, Penal Code, is amended by adding
 1-6     Section 6.05 to read as follows:
 1-7           Sec. 6.05.  MENTAL RETARDATION AFFECTING DEATH SENTENCE.  (a)
 1-8     In this section, "mental retardation" has the meaning assigned by
 1-9     Section 591.003, Health and Safety Code.
1-10           (b)  A person may not be punished by death for an offense
1-11     committed while the person was a person with mental retardation.
1-12           SECTION 2.  The change in law made by this Act applies  to a
1-13     defendant sentenced for a capital offense if the punishment stage
1-14     of the trial  commences on or after the effective date of this Act,
1-15     regardless of whether the punishment stage directly  follows the
1-16     conclusion of the guilt or innocence stage of the trial or
1-17     commences after a reversal under Article 44.29(b), Code of Criminal
1-18     Procedure, granted on the basis of errors in the punishment stage
1-19     of the trial.
1-20           SECTION 3.  This Act takes effect September 1, 1999.
1-21           SECTION 4.  The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended.