78R1146 KEL-D

By:  Dutton                                                       H.B. No. 357



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a commission to study capital 
punishment in Texas and to a moratorium on executions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 37, Code of Criminal Procedure, is 
amended by adding Article 37.15 to read as follows:
	Art. 37.15.  TEXAS CAPITAL PUNISHMENT COMMISSION                        
	Sec. 1.  CREATION. The Texas Capital Punishment Commission 
is created.
	Sec. 2.  DUTIES. (a)  The commission shall study capital 
punishment in this state, concentrating particularly on issues 
relating to the legal representation of inmates in capital cases, 
the certainty of the guilt of individuals convicted in capital 
cases, and the sufficiency of appellate review of convictions in 
capital cases.
	(b)  After completing the study, the commission shall 
propose legislation to correct any inequities in the capital 
punishment process in this state.
	Sec. 3.  COMPOSITION. (a)  The commission is composed of 
nine members appointed by the governor, three of whom must be 
appointed from a list of candidates submitted to the governor by the 
speaker of the house of representatives and three of whom must be 
appointed from a list of candidates submitted to the governor by the 
lieutenant governor.  The governor may reject the candidates on a 
list and require a new list to be submitted.
	(b)  Each member serves at the pleasure of the governor.                
	(c)  The governor shall designate a member to serve as 
presiding officer.
	(d)  Each member of the commission must be generally 
experienced in criminal justice matters.  In addition, there must 
be at least one member of the commission who is experienced in the  
prosecution of capital cases, one who is experienced in the defense 
of capital cases, and one who is experienced as a trial judge in 
capital cases.  The governor shall ensure that the commission 
members have the qualifications required by this subsection.
	Sec. 4.  REIMBURSEMENT. A member of the commission is not 
entitled to compensation but is entitled to reimbursement for the 
member's travel expenses as provided by Chapter 660, Government 
Code, and the General Appropriations Act.
	Sec. 5.  ASSISTANCE. The Texas Legislative Council, the 
Legislative Budget Board, and the Criminal Justice Policy Council  
shall assist the commission in performing the commission's duties.
	Sec. 6.  SUBMISSION. The commission shall submit the 
proposed legislation described by Section 2 to the lieutenant 
governor and the speaker of the house of representatives not later 
than December 1, 2004.
	Sec. 7.  INITIAL APPOINTMENTS. The governor shall make the 
appointments to the commission as soon as possible after the 
effective date of this article.
	Sec. 8.  MORATORIUM. The state may not execute an inmate on 
or after the effective date of this article and before September 1, 
2005.
	Sec. 9.  OTHER LAW. The commission is not subject to Chapter 
2110, Government Code.
	Sec. 10.  ABOLITION. The commission is abolished on  January 
1, 2005, and this article expires on that date.
	SECTION 2.  This Act takes effect September 1, 2003.