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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a commission to review convictions |
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after exoneration and to prevent wrongful convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Code of Criminal Procedure, is |
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amended by adding Article 43.27 to read as follows: |
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Art. 43.27. TIMOTHY COLE EXONERATION REVIEW COMMISSION |
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Sec. 1. CREATION. The Timothy Cole Exoneration Review |
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Commission is created. |
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Sec. 2. COMPOSITION. (a) The commission is composed of the |
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following 11 members: |
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(1) a member appointed by the governor; |
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(2) the chair of the Senate Committee on Criminal |
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Justice; |
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(3) the chair of the Senate Committee on State |
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Affairs; |
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(4) the chair of the House Committee on Criminal |
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Jurisprudence; |
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(5) the chair of the House Committee on Judiciary and |
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Civil Jurisprudence; |
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(6) a member appointed by the chair of the Texas |
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Judicial Council; |
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(7) the presiding officer of the Texas Commission on |
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Law Enforcement, or a member or employee of the Texas Commission on |
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Law Enforcement appointed by the presiding officer; |
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(8) the presiding officer of the Texas Indigent |
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Defense Commission, or a member or employee of the Texas Indigent |
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Defense Commission appointed by the presiding officer; |
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(9) the presiding officer of the Texas Forensic |
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Science Commission, or a member or employee of the Texas Forensic |
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Science Commission who has significant experience in the field of |
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forensic science appointed by the presiding officer; |
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(10) the president of the Texas Criminal Defense |
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Lawyers Association, or the president's designee; and |
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(11) the chairman of the board of the Texas District |
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and County Attorneys Association, or the chairman's designee. |
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(b) A person appointed under this section may not, while |
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serving on the commission, be an active judge, as that term is |
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defined by Section 74.041, Government Code. |
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(c) The following persons serve as advisory members to the |
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commission: |
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(1) the director of the Texas Center for Actual |
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Innocence at The University of Texas School of Law; |
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(2) the director of the Texas Innocence Network at the |
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University of Houston Law Center; |
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(3) the executive director of the Innocence Project of |
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Texas; and |
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(4) the executive director of the Innocence Project at |
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Thurgood Marshall School of Law. |
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Sec. 3. TERMS; VACANCIES. (a) A member of the commission |
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serves until the commission is dissolved. |
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(b) The presiding officer of the commission shall be elected |
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by the members of the commission. |
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(c) A vacancy on the commission is filled in the same manner |
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as the original appointment. |
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(d) The presiding officer may appoint committees from the |
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membership of the commission as needed to organize the commission |
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or to perform the duties of the commission. |
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Sec. 4. ADMINISTRATIVE ATTACHMENT. (a) The commission |
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exists under the Texas Judicial Council created under Chapter 71, |
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Government Code. The commission operates independently of the |
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Texas Judicial Council. |
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(b) The commission is administratively attached to the |
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Office of Court Administration of the Texas Judicial System. |
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(c) Notwithstanding any other law, and subject to available |
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funding, the Office of Court Administration of the Texas Judicial |
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System shall: |
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(1) provide administrative assistance and services to |
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the commission; |
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(2) accept, deposit, and disburse money made available |
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to the commission; and |
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(3) provide the commission with adequate computer |
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equipment and support. |
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Sec. 5. MEETINGS. (a) The commission may hold its hearing |
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and meetings and other proceedings at a time and in a manner |
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determined by the commission, but shall meet in Austin at least |
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annually. The commission shall hold its first meeting on or before |
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October 31, 2015. |
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(b) The commission shall conduct one public hearing. |
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Advisory members may participate in the public hearing of the |
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commission but do not count toward a quorum and are not entitled to |
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vote on matters before the commission. |
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(c) Six members of the commission constitute a quorum. The |
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commission may act only on the concurrence of six or more members. |
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The commission may issue a report under Section 9 only on the |
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concurrence of seven members. |
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(d) Subject to the availability of funds, a member of the |
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commission is entitled only to reimbursement for the member's |
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travel expenses as provided by Chapter 660, Government Code, and |
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the General Appropriations Act. |
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Sec. 6. QUALIFICATIONS. (a) A member of the commission |
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may not participate in or vote on any matter before the commission |
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if the matter directly concerns an individual related to the member |
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within the second degree by affinity or consanguinity. |
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(b) An individual may not be a member of the commission if |
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the individual or individual's spouse is required to register as a |
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lobbyist under Chapter 305, Government Code, because of the |
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individual's activities for compensation on behalf of a profession |
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or entity related to the operation of the commission. |
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Sec. 7. GROUNDS FOR REMOVAL. (a) It is a ground for |
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removal from the commission that a member: |
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(1) if applicable, does not have at the time of |
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appointment the qualifications required by this article; |
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(2) does not maintain during service on the commission |
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the qualifications required by this article; |
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(3) violates a prohibition established by this |
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article; |
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(4) is ineligible for membership under this article; |
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(5) cannot, because of illness or disability, |
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discharge the member's duties for a substantial period; or |
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(6) is absent from more than half of the regularly |
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scheduled meetings that the member is eligible to attend during a |
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calendar year, unless the absence is excused by a majority vote of |
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the commission. |
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(b) The validity of an action of the commission is not |
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affected by the fact that it is taken when a ground for removal of a |
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commission member exists. |
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Sec. 8. DUTIES. (a) The commission may review and examine |
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all cases in this state in which an innocent defendant was convicted |
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and then, on or after January 1, 2010, was exonerated to, as |
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applicable: |
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(1) identify the causes of wrongful convictions and |
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suggest ways to prevent future wrongful convictions and improve the |
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reliability and fairness of the criminal justice system; |
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(2) ascertain errors and defects in the laws, |
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evidence, and procedures applied or omitted in the defendant's |
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case; |
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(3) consider suggestions to correct the identified |
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errors and defects through legislation or procedural changes; |
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(4) identify procedures, programs, and educational or |
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training opportunities designed to eliminate or minimize the |
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identified causes of wrongful convictions; |
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(5) collect and evaluate data and information from an |
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actual innocence exoneration reported to the commission by a |
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state-funded innocence project, for inclusion in the commission's |
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report under Section 9; |
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(6) identify any patterns in errors or defects in the |
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criminal justice system in this state that impact the pretrial, |
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trial, appellate, or habeas review process; or |
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(7) consider and suggest legislative, training, or |
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procedural changes to correct the patterns, errors, and defects in |
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the criminal justice system that are identified through the work of |
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the commission. |
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(b) The commission shall consider potential implementation |
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plans, costs, cost savings, and the impact on the criminal justice |
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system for each potential solution identified through the work of |
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the commission. |
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(c) The commission shall review and update the research, |
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reports, and recommendations of the Timothy Cole advisory panel |
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established in the 81st Regular Session and shall include in its |
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report under Section 9 the degree to which the panel's |
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recommendations were implemented. |
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(d) The commission may solicit input from innocence |
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projects, bar associations, judicial entities, law enforcement |
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agencies, prosecutor associations, public defender or criminal |
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defense associations, public and private universities, and |
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advocacy organizations. |
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Sec. 9. REPORT AND RECORDS. (a) The commission shall |
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compile and issue a detailed report of its findings and |
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recommendations, including any legislation or policy changes the |
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commission recommends to implement procedures and programs to |
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prevent the causes and occurrence of future wrongful convictions. |
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The report must also describe statutory, procedural, and |
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evidentiary reforms that have already been implemented in this |
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state to prevent the causes and occurrence of future wrongful |
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convictions. |
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(b) The report may not include any recommendation regarding |
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the use of the death penalty or related procedures. |
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(c) The official report issued by the commission must be |
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made available to the public on request. |
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(d) Working papers and records, including all documentary |
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or other information, collected, received, prepared, or maintained |
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by the commission or members of the commission in performing under |
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this article or other law the commission's duties to conduct an |
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evaluation and prepare a report, are confidential and not subject |
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to disclosure under Chapter 552, Government Code. |
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(e) The commission may request that an entity of state |
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government or of a political subdivision provide information |
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related to the commission's duties under Section 8. On the request |
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of the commission, an entity may provide information to the |
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commission unless otherwise prohibited from disclosing that |
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information. |
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(f) Information held by an entity of state government or of |
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a political subdivision that is confidential and that the |
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commission receives in connection with the performance of the |
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commission's functions under this article or other law remains |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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(g) In carrying out its duties, the commission may examine |
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the public records of an entity of state government or a political |
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subdivision that are provided under Subsection (e). |
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Sec. 10. ASSISTANCE OF STATE-SUPPORTED UNIVERSITIES. The |
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commission may request assistance from any state-supported |
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university in performing the commission's duties. |
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Sec. 11. SUBMISSION. The commission shall submit the |
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report described by Section 9 to the governor, the lieutenant |
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governor, the speaker of the house of representatives, the |
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legislature, and the Texas Judicial Council not later than December |
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1, 2016. |
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Sec. 12. EXPIRATION. (a) This article expires December 1, |
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2016. |
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(b) The commission is dissolved on the earlier of: |
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(1) the date the commission submits its report; or |
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(2) December 1, 2016. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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