By:  Wilson                                                       H.B. No. 3142



A BILL TO BE ENTITLED

AN ACT

relating to the handling of appeals by State Courts and 
administrative or regulatory bodies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.006 is added to the Government Code to 
read as follows:
	Section 21.006.  PROCEDURAL DEFECTS.  (a)  In all cases tried 
or heard in any state court that involve the death penalty or 
capital punishment, all courts shall be obligated to consider any 
petitions, appellate briefs, appeals or any other request for 
relief made to such court even if it is untimely under applicable 
court rules or procedures.
	SECTION 2.  PROCEDURAL DEFECTS.  Section 508.282A is added 
to the Government Code to read as follows:
	Section 508.28A.  PROCEDURAL DEFECTS.  (a)  In all cases that 
involve the death penalty or capital punishment, the Board shall be 
obligated to consider any petitions, appellate briefs, appeals or 
any other request for relief made even they are untimely under 
applicable court rules or procedures.
	SECTION 3.  This change in law made by this Act is intended 
to ensure that persons who are subject to the death penalty will 
have all of their appeals and requests for relief heard even if 
there might be procedural defects or irregularities.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.