By Gallego                                            H.B. No. 1649
         77R5795 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the organization and duties of the Board of Pardons and
 1-3     Paroles.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 508.001, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 508.001.  DEFINITIONS. In this chapter:
 1-8                 (1)  "Board" means the Board of Pardons and Paroles.
 1-9                 (2)  "Community supervision and corrections department"
1-10     means a department established under Chapter 76.
1-11                 (3)  "Director" means the director of the pardons and
1-12     paroles division.
1-13                 (4)  "Division" means the pardons and paroles division.
1-14                 (5)  "Mandatory supervision" means the release of an
1-15     eligible inmate sentenced to the institutional division so that the
1-16     inmate may serve the remainder of the inmate's sentence not on
1-17     parole but under the supervision of the pardons and paroles
1-18     division.
1-19                 (6)  "Parole" means the discretionary and conditional
1-20     release of an eligible inmate sentenced to the institutional
1-21     division so that the inmate may serve the remainder of the inmate's
1-22     sentence under the supervision of the pardons and paroles division.
1-23                 (7)  "Parole commissioner" means a person appointed by
1-24     the board to perform the duties described by Section 508.044.
 2-1                 (8)  "Parole officer" means a person appointed by the
 2-2     director and assigned the duties of assessment of risks and needs,
 2-3     investigation, case management, and supervision of releasees to
 2-4     ensure that releasees are complying with the conditions of parole
 2-5     or mandatory supervision.
 2-6                 [(8)  "Policy board" means the Board of Pardons and
 2-7     Paroles Policy Board.]
 2-8                 (9)  "Releasee" means a person released on parole or to
 2-9     mandatory supervision.
2-10           SECTION 2.  Section 508.031(a), Government Code, is amended
2-11     to read as follows:
2-12           (a)  The board consists of six [18] members appointed by the
2-13     governor with the advice and consent of the senate.
2-14           SECTION 3.  Section 508.034, Government Code, is amended to
2-15     read as follows:
2-16           Sec. 508.034.  GROUNDS FOR REMOVAL. (a)  It is a ground for
2-17     removal from the board that a member:
2-18                 (1)  does not have at the time of taking office the
2-19     qualification required by Section 508.032(b) for appointment to the
2-20     board;
2-21                 (2)  is ineligible for membership under Section
2-22     508.033;
2-23                 (3)  is unable to discharge the member's duties for a
2-24     substantial part of the term for which the member is appointed
2-25     because of illness or disability; or
2-26                 (4)  is absent from more than half of the regularly
2-27     scheduled board or panel meetings that the member is eligible to
 3-1     attend during each calendar year, except when the absence is
 3-2     excused by majority vote of the board.
 3-3           (b)  [It is a ground for removal from the board and the
 3-4     policy board if a member of the policy board is absent from more
 3-5     than half of the regularly scheduled policy board meetings that the
 3-6     member is eligible to attend during each calendar year.]
 3-7           [(c)]  The board administrator or the board administrator's
 3-8     designee shall provide to members of the board[, to members of the
 3-9     policy board,] and to employees, as often as necessary, information
3-10     regarding their qualification for office or employment under this
3-11     chapter and their responsibilities under applicable laws relating
3-12     to standards of conduct for state officers or employees.
3-13           (c) [(d)]  The validity of an action of[:]
3-14                 [(1)]  the board or panel is not affected by the fact
3-15     that the action is taken when a ground for removal of a board
3-16     member exists[; and]
3-17                 [(2)  the policy board is not affected by the fact that
3-18     the action is taken when a ground for removal of a member of the
3-19     policy board exists].
3-20           (d) [(e)]  If the general counsel to the board has knowledge
3-21     that a potential ground for removal exists, the general counsel
3-22     shall notify the presiding officer of the board of the potential
3-23     ground. The presiding officer shall notify the governor and the
3-24     attorney general that a potential ground for removal exists.  If
3-25     the potential ground for removal involves the presiding officer,
3-26     the general counsel to the board shall notify the governor and the
3-27     attorney general that a potential ground for removal exists.
 4-1           SECTION 4.  Section 508.036, Government Code, is amended to
 4-2     read as follows:
 4-3           Sec. 508.036.  [POLICY BOARD:  COMPOSITION;] GENERAL
 4-4     ADMINISTRATIVE DUTIES. (a)  The [governor shall designate six
 4-5     members of the board to serve as the Board of Pardons and Paroles
 4-6     Policy Board.  The governor shall designate the presiding officer
 4-7     of the board as one of the six members of the policy board, and the
 4-8     presiding officer of the board shall serve as presiding officer of
 4-9     the policy board. Service on the policy board is an additional duty
4-10     of office for members appointed to the policy board.]
4-11           [(b)  Members of the board designated as members of the
4-12     policy board serve on the policy board for six-year terms that are
4-13     concurrent with their six-year terms on the board, with the service
4-14     of two members expiring February 1 of each odd-numbered year.]
4-15           [(c)  The policy] board shall:
4-16                 (1)  adopt rules relating to the decision-making
4-17     processes used by the board and parole panels;
4-18                 (2)  establish caseloads for members of the board and
4-19     parole commissioners [and assign duties to members of the policy
4-20     board that are in addition to the duties those members have in
4-21     handling a caseload];
4-22                 (3)  update parole guidelines, assign precedential
4-23     value to previous decisions of the board relating to the granting
4-24     of parole and the revocation of parole or mandatory supervision,
4-25     and develop policies to ensure that members of the board and parole
4-26     commissioners use guidelines and previous decisions of the board
4-27     and parole commissioners in making decisions under this chapter;
 5-1                 (4)  require members of the board and parole
 5-2     commissioners to file activity reports[, on forms provided by the
 5-3     policy board,] that provide information on release decisions made
 5-4     by members of the board and parole commissioners, the workload of
 5-5     the members of the board and parole commissioners, and the use of
 5-6     parole guidelines by members of the board and parole commissioners;
 5-7     and
 5-8                 (5)  report at least annually to the governor and the
 5-9     legislature on board activities, parole release decisions, and the
5-10     use of parole guidelines by parole panels [the board].
5-11           (b)  The board shall:
5-12                 (1)  develop and implement policies that clearly
5-13     separate the policy-making responsibilities of the board and the
5-14     management responsibilities of the board administrator and the
5-15     staff of the board;
5-16                 (2)  prepare information of public interest describing
5-17     the functions of the board and make the information available to
5-18     the public and appropriate state agencies;
5-19                 (3)  comply with federal and state laws related to
5-20     program and facility accessibility; and
5-21                 (4)  prepare annually a complete and detailed written
5-22     report that meets the reporting requirements applicable to
5-23     financial reporting provided in the General Appropriations Act and
5-24     accounts for all funds received and disbursed by the board during
5-25     the preceding fiscal year.
5-26           (c)  The board administrator shall prepare and maintain a
5-27     written plan that describes how a person who does not speak English
 6-1     can be provided reasonable access to the board's programs and
 6-2     services.
 6-3           (d)  The board, in performing administrative duties, is
 6-4     subject to the open meetings law, Chapter 551, and the
 6-5     administrative procedure law, Chapter 2001.  This subsection does
 6-6     not affect the provisions of Section 2001.223 exempting hearings
 6-7     and interviews conducted by the board or the division from Section
 6-8     2001.038 and Subchapters C-H, Chapter 2001.
 6-9           SECTION 5.  Section 508.0362, Government Code, is amended to
6-10     read as follows:
6-11           Sec. 508.0362.  TRAINING REQUIRED.  (a)  A person who is
6-12     appointed to and qualifies for office as a member of the board [or
6-13     the policy board] may not vote, deliberate, or be counted as a
6-14     member in attendance at a meeting of the board [or policy board]
6-15     until the person completes at least one course of a training
6-16     program that complies with this section.
6-17           (b)  A training program must provide information to the
6-18     person regarding:
6-19                 (1)  the enabling legislation that created the board
6-20     [and the policy board];
6-21                 (2)  the programs operated by the board;
6-22                 (3)  the role and functions of the board;
6-23                 (4)  the rules of the board;
6-24                 (5)  the current budget for the board;
6-25                 (6)  the results of the most recent formal audit of the
6-26     board;
6-27                 (7)  the requirements of the:
 7-1                       (A)  open meetings law, Chapter 551;
 7-2                       (B)  open records law, Chapter 552; and
 7-3                       (C)  administrative procedure law, Chapter 2001;
 7-4                 (8)  the requirements of the conflict of interest laws
 7-5     and other laws relating to public officials; and
 7-6                 (9)  any applicable ethics policies adopted by the
 7-7     [policy] board or the Texas Ethics Commission.
 7-8           (c)  A person appointed to the board [or policy board] is
 7-9     entitled to reimbursement, as provided by the General
7-10     Appropriations Act, for the travel expenses incurred in attending
7-11     the training program regardless of whether the attendance at the
7-12     program occurs before or after the person qualifies for office.
7-13           SECTION 6.  Section 508.040(a), Government Code, is amended
7-14     to read as follows:
7-15           (a)  The [policy] board shall employ and supervise:
7-16                 (1)  a general counsel to the board;
7-17                 (2)  a board administrator to manage the day-to-day
7-18     activities of the board;
7-19                 (3)  18 parole commissioners;
7-20                 (4)  hearing officers;
7-21                 (5) [(4)]  personnel to assist in clemency matters; and
7-22                 (6) [(5)]  secretarial or clerical personnel.
7-23           SECTION 7.  Section 508.041, Government Code, is amended to
7-24     read as follows:
7-25           Sec. 508.041.  DESIGNEE TRAINING; HANDBOOK.  (a)  The
7-26     [policy] board shall develop and implement:
7-27                 (1)  a training program that each newly hired employee
 8-1     of the board designated to conduct hearings under Section 508.281
 8-2     must complete before conducting a hearing without the assistance of
 8-3     a board member or experienced parole commissioner or designee; and
 8-4                 (2)  a training program to provide an annual update to
 8-5     designees of the board on issues and procedures relating to the
 8-6     revocation process.
 8-7           (b)  The [policy] board shall prepare and biennially update a
 8-8     procedural manual to be used by designees of the board.  The
 8-9     [policy] board shall include in the manual:
8-10                 (1)  descriptions of decisions in previous hearings
8-11     determined by the [policy] board to have value as precedents for
8-12     decisions in subsequent hearings;
8-13                 (2)  laws and court decisions relevant to decision
8-14     making in hearings; and
8-15                 (3)  case studies useful in decision making in
8-16     hearings.
8-17           (c)  The [policy] board shall prepare and update as necessary
8-18     a handbook to be made available to participants in hearings under
8-19     Section 508.281, such as defense attorneys, persons released on
8-20     parole or mandatory supervision, and witnesses.  The handbook must
8-21     describe in plain language the procedures used in a hearing under
8-22     Section 508.281.
8-23           SECTION 8.  Section 508.042, Government Code, is amended to
8-24     read as follows:
8-25           Sec. 508.042.  TRAINING PROGRAM FOR MEMBERS AND PAROLE
8-26     COMMISSIONERS.  (a)  The [policy] board shall develop for board
8-27     members and parole commissioners a comprehensive training and
 9-1     education program on the criminal justice system, with special
 9-2     emphasis on the parole process.
 9-3           (b)  A new member may not participate in a vote of the board
 9-4     or a panel, deliberate, or be counted as a member in attendance at
 9-5     a meeting of the board [or policy board] until the member completes
 9-6     the program.  A new parole commissioner may not participate in a
 9-7     vote of a panel until the member completes the program.
 9-8           SECTION 9.  Section 508.044, Government Code, is amended to
 9-9     read as follows:
9-10           Sec. 508.044.  RELEASE AND REVOCATION DUTIES [POWERS AND
9-11     DUTIES OF BOARD].  (a)  A board member shall give full time to the
9-12     duties of the member's office.
9-13           (b)  In addition to performing the duties imposed on the
9-14     board by the Texas Constitution, board members shall determine, for
9-15     those inmates for whom parole eligibility is established by Section
9-16     508.145(b), (c), or (d):
9-17                 (1)  which inmates are to be released on parole;
9-18                 (2)  conditions of parole or mandatory supervision;
9-19                 (3)  which releasees may be released from supervision
9-20     and reporting; and
9-21                 (4)  the revocation of parole or mandatory supervision.
9-22           (c)  Parole commissioners shall determine, for those inmates
9-23     for whom parole eligibility is established by Section 508.145(e) or
9-24     (f):
9-25                 (1)  which inmates are to be released on parole;
9-26                 (2)  conditions of parole or mandatory supervision;
9-27                 (3)  which releasees may be released from supervision
 10-1    and reporting; and
 10-2                (4)  the revocation of parole or mandatory supervision.
 10-3          (d)  The [policy] board shall develop and implement a policy
 10-4    that clearly defines circumstances under which a board member or
 10-5    parole commissioner should disqualify himself or herself from
 10-6    voting on:
 10-7                (1)  a parole decision; or
 10-8                (2)  a decision to revoke parole or mandatory
 10-9    supervision.
10-10          (e) [(d)]  The [policy] board may adopt reasonable rules as
10-11    the [policy] board considers proper or necessary relating to:
10-12                (1)  the eligibility of an inmate for release on parole
10-13    or release to mandatory supervision;
10-14                (2)  the conduct of a parole or mandatory supervision
10-15    hearing; or
10-16                (3)  conditions to be imposed on a releasee.
10-17          (f) [(e)]  The [policy] board may provide a written plan for
10-18    the administrative review of actions taken by a parole panel by the
10-19    entire membership or by a subset of the entire membership of the
10-20    board.
10-21          SECTION 10.  Section 508.045, Government Code, is amended to
10-22    read as follows:
10-23          Sec. 508.045.  PAROLE PANELS.  (a)  Except as provided by
10-24    Section 508.046, board members shall act in panels composed of
10-25    three members [persons] each.  Parole commissioners shall act in
10-26    panels composed of three commissioners each.  Parole panels,
10-27    whether composed of board members or parole commissioners, act in
 11-1    matters of:
 11-2                (1)  release on parole;
 11-3                (2)  release to mandatory supervision; and
 11-4                (3)  revocation of parole or mandatory supervision.
 11-5          (b)  The presiding officer of the board shall designate the
 11-6    composition of each panel, whether composed of board members or
 11-7    parole commissioners.
 11-8          (c)  A parole panel may:
 11-9                (1)  grant, deny, or revoke parole;
11-10                (2)  revoke mandatory supervision; and
11-11                (3)  conduct parole revocation hearings and mandatory
11-12    supervision revocation hearings.
11-13          SECTION 11.  Section 508.047(a), Government Code, is amended
11-14    to read as follows:
11-15          (a)  The members of the [policy] board shall meet at least
11-16    once in each quarter of the calendar year at a site determined by
11-17    the presiding officer.
11-18          SECTION 12.  Section 508.049, Government Code, is amended to
11-19    read as follows:
11-20          Sec. 508.049.  MISSION STATEMENT. (a)  The [policy] board,
11-21    after consultation with the governor and the Texas Board of
11-22    Criminal Justice, shall adopt a mission statement that reflects the
11-23    responsibilities for the operation of the parole process that are
11-24    assigned to the [policy board, the] board, the division, the
11-25    department, or the Texas Board of Criminal Justice.
11-26          (b)  The [policy] board shall include in the mission
11-27    statement a description of specific locations at which the board
 12-1    intends to conduct business related to the operation of the parole
 12-2    process.
 12-3          SECTION 13.  Section 508.082, Government Code, is amended to
 12-4    read as follows:
 12-5          Sec. 508.082.  RULES.  The [policy] board shall adopt rules
 12-6    relating to:
 12-7                (1)  the submission and presentation of information and
 12-8    arguments to the board, a parole panel, and the department for and
 12-9    in behalf of an inmate; and
12-10                (2)  the time, place, and manner of contact between a
12-11    person representing an inmate and:
12-12                      (A)  a member of the board;
12-13                      (B)  an employee of the board; or
12-14                      (C)  an employee of the department.
12-15          SECTION 14.  Section 508.115(a), Government Code, is amended
12-16    to read as follows:
12-17          (a)  Not later than the 11th day before the date a parole
12-18    panel [the board] orders the release on parole of an inmate or not
12-19    later than the 11th day after the date the board recommends that
12-20    the governor grant executive clemency, the division shall notify
12-21    the sheriffs, each chief of police, the prosecuting attorneys, and
12-22    the district judges in the county in which the inmate was convicted
12-23    and the county to which the inmate is released that a parole panel
12-24    [the board] is considering release on parole or the governor is
12-25    considering clemency.
12-26          SECTION 15.  Section 508.144(b), Government Code, is amended
12-27    to read as follows:
 13-1          (b)  If a board member or parole commissioner deviates from
 13-2    the parole guidelines in voting on a parole decision, the member or
 13-3    commissioner shall:
 13-4                (1)  produce a brief written statement describing the
 13-5    circumstances regarding the departure from the guidelines; and
 13-6                (2)  place a copy of the statement in the file of the
 13-7    inmate for whom the parole decision was made.
 13-8          SECTION 16.  Section 508.153(b), Government Code, is amended
 13-9    to read as follows:
13-10          (b)  If more than one person is entitled to appear in person
13-11    before the board members or parole commissioners, only the person
13-12    chosen by all persons entitled to appear as the persons' sole
13-13    representative may appear [before the board members].
13-14          SECTION 17.  Section 508.281(a), Government Code, is amended
13-15    to read as follows:
13-16          (a)  A releasee, a person released although ineligible for
13-17    release, or a person granted a conditional pardon is entitled to a
13-18    hearing before a parole panel or a designated agent of the board
13-19    under the rules adopted by the [policy] board and within a period
13-20    that permits a parole panel, a designee of the board, or the
13-21    department to dispose of the charges within the periods established
13-22    by Sections 508.282(a) and (b) if the releasee or person:
13-23                (1)  is accused of a violation of the releasee's parole
13-24    or mandatory supervision or the person's conditional pardon, on
13-25    information and complaint by a peace officer or parole officer; or
13-26                (2)  is arrested after an ineligible release.
13-27          SECTION 18.  Section 508.283(a), Government Code, is amended
 14-1    to read as follows:
 14-2          (a)  After a parole panel or designated agent of the board
 14-3    has held a hearing under Section 508.281, [the board may,] in any
 14-4    manner warranted by the evidence:
 14-5                (1)  the board may recommend to the governor to
 14-6    continue, revoke, or modify the conditional pardon; and [or]
 14-7                (2)  a parole panel may continue, revoke, or modify the
 14-8    parole or mandatory supervision.
 14-9          SECTION 19.  Section 508.313(c), Government Code, is amended
14-10    to read as follows:
14-11          (c)  The department may provide information that is
14-12    confidential and privileged under Subsection (a)  to:
14-13                (1)  the governor;
14-14                (2)  a member of the board or a parole commissioner;
14-15                (3)  the Criminal Justice Policy Council in performing
14-16    duties of the council under Section 413.017 [413.021]; or
14-17                (4)  an eligible entity requesting information for a
14-18    law enforcement, prosecutorial, correctional, clemency, or
14-19    treatment purpose.
14-20          SECTION 20.  Section 508.322(c), Government Code, is amended
14-21    to read as follows:
14-22          (c)  When a parole panel [the board] orders the payment of
14-23    restitution from a releasee as provided by Article 42.037(h), Code
14-24    of Criminal Procedure, the department shall:
14-25                (1)  collect the payment for disbursement to the
14-26    victim;
14-27                (2)  deposit the payment in the releasee restitution
 15-1    fund; and
 15-2                (3)  transmit the payment to the victim as soon as
 15-3    practicable.
 15-4          SECTION 21. Section 492.0131, Government Code, is amended to
 15-5    read as follows:
 15-6          Sec. 492.0131.  PAROLE RULES, POLICIES, PROCEDURES.  The
 15-7    board and the Board of Pardons and Paroles [Policy Board] shall
 15-8    jointly review all rules, policies, and procedures of the
 15-9    department and the Board of Pardons and Paroles that relate to or
15-10    affect the operation of the parole process.  The board and the
15-11    Board of Pardons and Paroles [policy board] shall identify areas of
15-12    inconsistency between the department and the Board of Pardons and
15-13    Paroles and shall amend rules or change policies and procedures as
15-14    necessary for consistent operation of the parole process.
15-15          SECTION 22.  Article 42.037(h), Code of Criminal Procedure,
15-16    is amended to read as follows:
15-17          (h)  If a defendant is placed on community supervision
15-18    [probation] or is paroled or released on mandatory supervision
15-19    [under this chapter], the court or the parole panel [Board of
15-20    Pardons and Paroles] shall order the payment of restitution ordered
15-21    under this article as a condition of community supervision
15-22    [probation], parole, or mandatory supervision.  The court may
15-23    revoke community supervision [probation] and the parole panel
15-24    [Board of Pardons and Paroles] may revoke parole or mandatory
15-25    supervision if the defendant fails to comply with the order.  In
15-26    determining whether to revoke community supervision [probation],
15-27    parole, or mandatory supervision, the court or parole panel [board]
 16-1    shall consider:
 16-2                (1)  the defendant's employment status;
 16-3                (2)  the defendant's earning ability;
 16-4                (3)  the defendant's financial resources;
 16-5                (4)  the willfulness of the defendant's failure to pay;
 16-6    and
 16-7                (5)  any other special circumstances that may affect
 16-8    the defendant's ability to pay.
 16-9          SECTION 23.  Section 508.0361, Government Code, is repealed.
16-10          SECTION 24.  (a)  The governor shall appoint new members to
16-11    the Board of Pardons and Paroles on or before January 1, 2002, and
16-12    the terms of members serving on December 31, 2001, expire on the
16-13    appointment of the new members.  The governor may appoint but is
16-14    not required to appoint as new members persons who served on the
16-15    board before January 1, 2002.
16-16          (b)  Of the new members of the board, the governor shall
16-17    appoint two to serve terms expiring February 1, 2003, two to serve
16-18    terms expiring February 1, 2005, and two to serve terms expiring
16-19    February 1, 2007.  On the expiration of the terms of the initial
16-20    members of the new board, the term of a member appointed by the
16-21    governor is six years.
16-22          (c)  On January 1, 2002, a rule of the Board of Pardons and
16-23    Paroles Policy Board is a rule of the Board of Pardons and Paroles.
16-24          SECTION 25.  This Act takes effect January 1, 2002.