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.