SRC-BWC S.B. 793 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 793
77R6977 GWK-DBy: Ellis, Rodney
Criminal Justice
4/5/2001
As Filed


DIGEST AND PURPOSE 

Texas currently has an 18-member Board of Pardons and Paroles, appointed by
the governor, that is not required to meet to discuss capital cases before
voting on clemency recommendations.  Board members are routinely provided
packets of information from staff regarding the inmates coming up for
consideration.  The members then vote by phone or fax and are not required
to explain or discuss their votes.  In 1998, a state district judge ruled
twice that the state's clemency request system is unconstitutional and a
violation of the state's open meetings law.  As proposed, S.B. 793 requires
the Board of Pardons and Paroles to meet as a body when reviewing capital
clemency cases.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.047(b), Government Code, to provide that the
members of the Board of Pardons and Paroles (board) are required to meet as
a body to perform the members duties in clemency matters in a capital case. 

SECTION 2.  Amends Section 551.124, Government Code, to authorize the
board, at the call of the presiding officer of the board, to hold a hearing
on clemency matters, other than matter involving a capital case, by
telephone conference call. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  upon passage or September 1, 2001.