By:  Ellis, Van de Putte, Shapleigh                               S.B. No. 548


A BILL TO BE ENTITLED

AN ACT

relating to considerations by the Board of Pardons and Paroles 
regarding clemency matters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 508.047, Government 
Code, is amended to read as follows:
	(b)  Except as provided by Article 48.011, Code of Criminal 
Procedure, and Section 551.124, the [The] members of the board are 
not required to meet as a body to perform the members' duties in 
clemency matters.
	SECTION 2.  Section 551.124, Government Code, is amended to 
read as follows: 
	Sec. 551.124.  BOARD OF PARDONS AND PAROLES.  (a)  At the 
call of the presiding officer of the Board of Pardons and Paroles, 
the board may hold a hearing on clemency matters by telephone 
conference call or by videoconference call as provided by Section 
551.127, except that Sections 551.127(b) and (c) do not apply to a 
hearing under this section and the notice required by Section 
551.127(e) need not specify the intent to have a quorum or a 
majority of a quorum physically present at a meeting location.
	(b)  The board may deliberate privately, but at the 
conclusion of deliberations the presiding officer shall announce 
publicly individual members' decisions as to whether to recommend 
clemency.  Each member shall sign the member's name with the 
member's written recommendation and reasons, if any, for the 
recommendation.
	(c)  The board shall adopt rules to implement the 
requirements of this section.
	SECTION 3.  Chapter 48, Code of Criminal Procedure, is 
amended by adding Article 48.011 to read as follows:
	Art. 48.011.  MEETINGS:  CAPITAL CASE.  (a)  In a capital 
case, the members of the Board of Pardons and Paroles shall perform 
the members' duties in clemency matters by meeting as a body or by 
participating in a telephone conference call as permitted by 
Section 551.124, Government Code, or a videoconference call as 
permitted by Section 551.127, Government Code.
	(b)  Regardless of whether the members of the board meet in 
person, participate in a telephone conference call, or participate 
in a videoconference call, the attorney or other person 
representing the inmate and any person representing the family of 
the victim may appear in person or be present on the telephone 
conference call or videoconference call, as applicable, to make a 
presentation on the clemency matter.  Except with respect to 
individual members of the board, the board may limit the number of 
persons who may make a presentation and may prohibit any person from 
being heard.  A hearing under this section is not subject to the 
requirement of Section 551.002, Government Code, that the hearing 
be open to the public.
	(c)  The hearing shall be conducted at the correctional 
facility where the inmate is housed.  The inmate shall be allowed to 
be present, absent overriding security issues.
	(d)  The board must cause a record to be kept.                          
	(e)  The board shall adopt rules as necessary to implement 
the requirements of this article.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to a consideration by the Board of Pardons and Paroles 
regarding a clemency matter in a capital case filed after June 1, 
2006.
	(b)  The Board of Pardons and Paroles Policy Board shall 
adopt the rules required by Subsection (e), Article 48.011, Code of 
Criminal Procedure, as added by this Act, and Section 551.124, 
Government Code, as amended by this Act, not later than June 1, 
2006.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the 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, 2005.