79R3231 KCR-D

By:  Shapleigh                                                    S.B. No. 544



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:
		(1)  addressing issues related to the legal 
representation of indigent inmates in capital cases;
		(2)  identifying aspects of the capital punishment 
process that need improving, if any, including the manner in which 
law enforcement agencies and the criminal justice system in this 
state investigate, prosecute, and handle appeals of capital cases 
and the ability of new technologies, including DNA testing, to 
increase the reliability of convictions in capital cases; and
		(3)  establishing safeguards that ensure that law 
enforcement agencies and the criminal justice system in this state 
fairly and accurately investigate, prosecute, and handle appeals of 
capital cases.
	(b)  In conducting the study under Subsection (a), the 
commission may use the American Bar Association protocol, Death 
Without Justice:  A Guide for Examining the Administration of the 
Death Penalty.
	(c)  After completing the study, the commission shall 
propose legislation to correct any inequities in the capital 
punishment process in this state.  Legislation proposed under this 
subsection must be designed to ensure that the application and 
administration of capital punishment in this state is just, fair, 
and accurate.
	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 of the house of 
representatives;
		(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 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 and the 
Legislative Budget Board shall assist the commission in performing 
the commission's duties.
	Sec. 6.  SUBMISSION.  The commission shall submit the 
proposed legislation described by Section 2(c) to the lieutenant 
governor and the speaker of the house of representatives not later 
than January 1, 2007.
	Sec. 7.  INITIAL APPOINTMENTS.  The governor, lieutenant 
governor, speaker of the house of representatives, and the deans of 
the law schools at The University of Texas at Austin and Texas Tech 
University shall make the 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 
1, 2007, and this article expires on that date.
	SECTION 2.  This Act takes effect September 1, 2005.