LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 13, 2005

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB548 by Ellis (Relating to consideration by the Board of Pardons and Paroles regarding clemency matters.), Committee Report 1st House, Substituted

As a result of this bill there will be a restriction upon:

(1) the open meetings law.

The bill would make several amendments to the Code of Criminal Procedure and the Government Code relating to clemency considerations by the Board of Pardons and Paroles.  The bill would take effect immediately if receiving a vote of two-thirds of all members elected to each house, or September 1, 2005.

In capital cases, the bill allows the Board to meet as a body, meet by telephone conference call, or meet by videoconference call.  Regardless of the meeting type, the hearing would not be subject to the requirements of the Open Meetings Act.  Because the bill expressly excepts capital case clemency meetings from the requirements of the Open Meetings Act, the bill would have an impact on Texas open government laws.



Source Agencies:
LBB Staff:
JOB, VDS, AM