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."