By Shapleigh, et al.                                   S.B. No. 680
         77R4484 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.
 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 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 indigent inmates in capital
1-13     cases, the certainty of the guilt of individuals convicted in
1-14     capital cases and the ability of new technologies such as DNA
1-15     testing to increase that certainty, race as a factor in
1-16     decision-making in capital cases, and the sufficiency of appellate
1-17     review of convictions in capital cases.
1-18           (b)  After completing the study, the commission shall propose
1-19     legislation to correct any inequities in the capital punishment
1-20     process in this state.
1-21           Sec. 3.  COMPOSITION. (a)  The commission is composed of 11
1-22     members, three of whom are appointed by the governor, three of whom
1-23     are appointed by the lieutenant governor, three of whom are
1-24     appointed by the speaker of the house of representatives, one of
 2-1     whom is appointed by the dean of the law school at The University
 2-2     of Texas at Austin, and one of whom is appointed by the dean of the
 2-3     law school at Texas Tech University.
 2-4           (b)  Each member serves at the pleasure of the official by
 2-5     whom the member is appointed.
 2-6           (c)  The governor shall designate a member to serve as
 2-7     presiding officer.
 2-8           (d)  Each member of the commission must be generally
 2-9     experienced in criminal justice matters.  In addition, at least one
2-10     member appointed by the governor must be experienced in the
2-11     prosecution of capital cases, at least one of the members appointed
2-12     by the lieutenant governor must be experienced in the defense of
2-13     capital cases, at least one of the members appointed by the speaker
2-14     must be experienced as a trial judge in capital cases, and at least
2-15     one of the members appointed by the speaker must be experienced as
2-16     an advocate for victims of crime.
2-17           Sec. 4.  REIMBURSEMENT. A member of the commission may not
2-18     receive compensation but is entitled to reimbursement of the travel
2-19     expenses incurred by the member while conducting the business of
2-20     the commission, as provided in the General Appropriations Act.
2-21           Sec. 5.  ASSISTANCE. The Texas Legislative Council, the
2-22     Legislative Budget Board, and the Criminal Justice Policy Council
2-23     shall assist the commission in performing the commission's duties.
2-24           Sec. 6.  SUBMISSION. The commission shall submit the proposed
2-25     legislation described by Section 2 to the lieutenant governor and
2-26     the speaker of the house of representatives not later than January
2-27     1, 2003.
 3-1           Sec. 7.  INITIAL APPOINTMENTS. The governor, lieutenant
 3-2     governor, speaker of the house of representatives, and deans of the
 3-3     law schools at The University of Texas at Austin and Texas Tech
 3-4     University shall make their appointments to the commission not
 3-5     later than the 31st  day after the effective date of this article.
 3-6           Sec. 8.  OTHER LAW. The commission is not subject to Chapter
 3-7     2110, Government Code.
 3-8           Sec. 9.  ABOLITION. The commission is abolished on  January
 3-9     2, 2003, and this article expires on that date.
3-10           SECTION 2.  This Act takes effect September 1, 2001.