81R745 KCR-D
 
  By: Dutton H.B. No. 913
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a commission to study capital
  punishment in Texas and to a moratorium on executions.
         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 issues
  relating to the legal representation of inmates in capital cases,
  the certainty of the guilt of individuals convicted in capital
  cases, and the sufficiency of appellate review of convictions in
  capital cases.
         (b)  The commission shall consult and cooperate with the
  Texas Criminal Justice Integrity Unit, as appointed by the Texas
  Court of Criminal Appeals, when conducting the study described by
  Subsection (a).
         (c)  After completing the study, the commission shall
  propose legislation to correct any inequities in the capital
  punishment process in this state.
         Sec. 3.  COMPOSITION. (a)  The commission is composed of
  nine members appointed by the governor, three of whom must be
  appointed from a list of candidates submitted to the governor by the
  speaker of the house of representatives and three of whom must be
  appointed from a list of candidates submitted to the governor by the
  lieutenant governor.  The governor may reject the candidates on a
  list and require a new list to be submitted.
         (b)  Each member serves at the pleasure of the governor.
         (c)  The governor shall designate a member to serve as
  presiding officer.
         (d)  Each member of the commission must be generally
  experienced in criminal justice matters. In addition, there must
  be at least one member of the commission who is experienced in the
  prosecution of capital cases, one who is experienced in the defense
  of capital cases, and one who is experienced as a trial judge in
  capital cases. The governor shall ensure that the commission
  members have the qualifications required by this subsection.
         Sec. 4.  REIMBURSEMENT. A member of the commission is not
  entitled to 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 to the lieutenant
  governor and the speaker of the house of representatives not later
  than December 1, 2010.
         Sec. 7.  INITIAL APPOINTMENTS. The governor shall make the
  appointments to the commission as soon as possible after the
  effective date of this article.
         Sec. 8.  MORATORIUM. The state may not execute an inmate on
  or after the effective date of this article and before September 1,
  2011.
         Sec. 9.  OTHER LAW. The commission is not subject to Chapter
  2110, Government Code.
         Sec. 10.  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.