78R4739 KCR-D

By:  Naishtat                                                     H.B. No. 866



A BILL TO BE ENTITLED

AN ACT

relating to the creation of a commission to study capital 
punishment in Texas.
	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 indigent inmates in capital 
cases, the certainty of the guilt of individuals convicted in 
capital cases and the ability of new technologies such as DNA 
testing to increase that certainty, race as a factor in 
decision-making 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 the 
following 11 members:
		(1)  the executive director of the Texas District and 
County Attorneys Association or the executive director's designee;
		(2)  the executive director of the Texas Criminal 
Defense Lawyers Association or the executive director's designee;
		(3)  the executive director of Justice for All or the 
executive director's designee;
		(4)  the executive director of Murder Victims' Families 
for Reconciliation or the executive director's designee;
		(5)  two members appointed by the governor;                            
		(6)  two members appointed by the lieutenant governor, 
one of whom must be a former appellate level judge recommended by 
the Texas Judicial Council;
		(7)  one member appointed by the speaker;                              
		(8)  one member appointed by the dean of the law school 
at The University of Texas at Austin; and
		(9)  one member appointed by the dean of the law school 
at Texas Tech University.
	(b)  Each member of the commission must be generally 
experienced in criminal justice matters.
	(c)  Each appointed member serves at the pleasure of the 
official by whom the member is appointed.
	(d)  The governor shall designate a member to serve as 
presiding officer.
	Sec. 4.  REIMBURSEMENT.  A member of the commission may not 
receive compensation but is entitled to reimbursement of the travel 
expenses incurred by the member while conducting the business of 
the commission, as provided in 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 January 1, 2005.
	Sec. 7.  INITIAL APPOINTMENTS.  The governor, lieutenant 
governor, speaker of the house of representatives, and deans of the 
law schools at The University of Texas at Austin and Texas Tech 
University shall make their appointments to the commission not 
later than the 31st  day after the effective date of this article.
	Sec. 8.  OTHER LAW.  The commission is not subject to Chapter 
2110, Government Code.
	Sec. 9.  ABOLITION.  The commission is abolished on  January 
2, 2005, and this article expires on that date.
	SECTION 2.  This Act takes effect September 1, 2003.