By Dutton                                              H.B. No. 720
         77R1646 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a commission to study capital
 1-3     punishment in Texas and to a moratorium on executions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 37, Code of Criminal Procedure, is amended
 1-6     by adding Article 37.15 to read as follows:
 1-7           Art. 37.15.  TEXAS CAPITAL PUNISHMENT COMMISSION
 1-8           Sec. 1.  CREATION. The Texas Capital Punishment Commission is
 1-9     created.
1-10           Sec. 2.  DUTIES. (a)  The commission shall study capital
1-11     punishment in this state, concentrating particularly on issues
1-12     relating to the legal representation of inmates in capital cases,
1-13     the certainty of the guilt of individuals convicted in capital
1-14     cases, and the sufficiency of appellate review of convictions in
1-15     capital cases.
1-16           (b)  After completing the study, the commission shall propose
1-17     legislation to correct any inequities in the capital punishment
1-18     process in this state.
1-19           Sec. 3.  COMPOSITION. (a)  The commission is composed of nine
1-20     members, three of whom are appointed by the governor, three of whom
1-21     are appointed by the lieutenant governor, and three of whom are
1-22     appointed by the speaker of the house of representatives.
1-23           (b)  Each member serves at the pleasure of the official by
1-24     whom the member is appointed.
 2-1           (c)  The governor shall designate a member to serve as
 2-2     presiding officer.
 2-3           (d)  Each member of the commission must be generally
 2-4     experienced in criminal justice matters.  In addition, there must
 2-5     be at least one member of the commission who is experienced in the
 2-6     prosecution of capital cases, one who is experienced in the defense
 2-7     of capital cases, and one who is experienced as a trial judge in
 2-8     capital cases.  The appointing officials shall coordinate with one
 2-9     another to ensure that the commission members have the
2-10     qualifications required by this subsection.
2-11           Sec. 4.  REIMBURSEMENT. A member of the commission is not
2-12     entitled to compensation but is entitled to reimbursement for the
2-13     member's travel expenses as provided by Chapter 660, Government
2-14     Code, and the General Appropriations Act.
2-15           Sec. 5.  ASSISTANCE. The Texas Legislative Council, the
2-16     Legislative Budget Board, and the Criminal Justice Policy Council
2-17     shall assist the commission in performing the commission's duties.
2-18           Sec. 6.  SUBMISSION. The commission shall submit the proposed
2-19     legislation described by Section 2 to the lieutenant governor and
2-20     the speaker of the house of representatives not later than December
2-21     1, 2002.
2-22           Sec. 7.  INITIAL APPOINTMENTS. The governor, lieutenant
2-23     governor, and speaker of the house of representatives shall make
2-24     their appointments to the commission not later than the 31st  day
2-25     after the effective date of this article.
2-26           Sec. 8.  MORATORIUM. The state may not execute an inmate on
2-27     or after the effective date of this article and before September 1,
 3-1     2003.
 3-2           Sec. 9.  OTHER LAW. The commission is not subject to Chapter
 3-3     2110, Government Code.
 3-4           Sec. 10.  ABOLITION. The commission is abolished on  January
 3-5     1, 2003, and this article expires on that date.
 3-6           SECTION 2.  This Act takes effect September 1, 2001.