By Gallego H.J.R. No. 21
77R2395 GWK-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to provide the governor with
1-2 sole discretion to commute punishment in capital cases.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11, Article IV, Texas Constitution, is
1-5 amended by amending Subsection (b) and adding Subsection (c) to
1-6 read as follows:
1-7 (b) Except as provided by Subsection (c) of this section, in
1-8 [In] all criminal cases, except treason and impeachment, the
1-9 Governor shall have power, after conviction, on the written signed
1-10 recommendation and advice of the Board of Pardons and Paroles, or a
1-11 majority thereof, to grant reprieves and commutations of punishment
1-12 and pardons; and under such rules as the Legislature may prescribe,
1-13 and upon the written recommendation and advice of a majority of the
1-14 Board of Pardons and Paroles, he shall have the power to remit
1-15 fines and forfeitures. The Governor shall have the power to [grant
1-16 one reprieve in any capital case for a period not to exceed thirty
1-17 (30) days; and he shall have power to] revoke conditional pardons.
1-18 With the advice and consent of the Legislature, he may grant
1-19 reprieves, commutations of punishment and pardons in cases of
1-20 treason.
1-21 (c) In a capital case, the Governor shall have the power to
1-22 grant one reprieve for a period not to exceed thirty (30) days and,
1-23 if the defendant has been sentenced to death, to grant a
1-24 commutation of punishment to life without parole.
2-1 SECTION 2. This proposed constitutional amendment shall be
2-2 submitted to the voters at an election to be held November 6, 2001.
2-3 The ballot shall be printed to permit voting for or against the
2-4 proposition: "The constitutional amendment to provide the governor
2-5 with sole discretion to commute punishment in capital cases."