81R3025 KCR-D
 
  By: Naishtat H.B. No. 877
 
 
 
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 publication, "Death
  Without Justice: A Guide for Examining the Administration of the
  Death Penalty in the United States."
         (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 are 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, 2011.
         Sec. 7.  INITIAL APPOINTMENTS.  The governor, the lieutenant
  governor, the 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, 2011, and this article expires on that date.
         SECTION 2.  This Act takes effect September 1, 2009.