By Gallego                                             H.B. No. 260
         77R2470 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to providing the governor with sole discretion to commute
 1-3     punishment in capital cases.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 48.01, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 48.01.  GOVERNOR MAY PARDON.                (a)  Except
 1-8     as provided by Subsection (b), in [In] all criminal cases, except
 1-9     treason and impeachment, the Governor shall have power, after
1-10     conviction, on the written signed recommendation and advice of the
1-11     Board of Pardons and Paroles, or a majority thereof, to grant
1-12     reprieves and commutations of punishments and pardons; and upon the
1-13     written recommendation and advice of a majority of the Board of
1-14     Pardons and Paroles, he shall have the power to remit fines and
1-15     forfeitures.  The Governor shall have the power to [grant one
1-16     reprieve in any capital case for a period not to exceed 30 days;
1-17     and he shall have power to] revoke conditional pardons.  With the
1-18     advice and consent of the Legislature, the Governor may grant
1-19     reprieves, commutations of punishment and pardons in cases of
1-20     treason.
1-21           (b)  In a capital case, the Governor shall have the power to
1-22     grant one reprieve for a period not to exceed 30 days and, if the
1-23     defendant has been sentenced to death, to grant a commutation of
1-24     punishment to life without parole.
 2-1           SECTION 2. Section 508.145(a), Government Code, is amended to
 2-2     read as follows:
 2-3           (a)  An inmate under sentence of death or an inmate whose
 2-4     sentence of death is commuted to imprisonment for life is not
 2-5     eligible for release on parole.
 2-6           SECTION 3. This Act takes effect on the date on which the
 2-7     constitutional amendment proposed by the 77th Legislature, Regular
 2-8     Session, 2001, providing the governor with sole discretion to
 2-9     commute punishment in capital cases, takes effect.  If that
2-10     amendment is not approved by the voters, this Act has no effect.