85R6885 KJE-D
 
  By: Burton S.B. No. 1079
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a commission to review certain penal
  laws of this state that do not prescribe a culpable mental state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  COMMISSION TO STUDY CERTAIN PENAL LAWS. (a)  A
  commission is created to study and review all penal laws of this
  state that define a criminal offense but do not prescribe a culpable
  mental state, other than criminal offenses:
               (1)  under the Penal Code;
               (2)  under Chapter 481, Health and Safety Code; or
               (3)  related to the operation of a motor vehicle.
         (b)  The commission shall:
               (1)  evaluate all laws described by Subsection (a) of
  this section; and
               (2)  for each law evaluated, make recommendations to
  the legislature regarding the culpable mental state, if any, that
  best serves the intended purpose of the law.
         (c)  The commission is composed of nine members appointed as
  follows:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant governor;
               (3)  two members appointed by the speaker of the house
  of representatives;
               (4)  two members appointed by the chief justice of the
  Supreme Court of Texas; and
               (5)  one member appointed by the presiding judge of the
  Texas Court of Criminal Appeals.
         (d)  The officials making appointments to the commission
  under Subsection (c) of this section shall ensure that the
  membership of the commission includes representatives of all areas
  of the criminal justice system, including prosecutors, defense
  attorneys, judges, legal scholars, and relevant business
  interests.
         (e)  The governor shall designate one member of the
  commission to serve as the presiding officer of the commission.
         (f)  A member of the commission is not entitled to
  compensation or reimbursement of expenses.
         (g)  The commission shall meet at the call of the presiding
  officer.
         (h)  Not later than November 1, 2018, the commission shall
  report the commission's findings and recommendations to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, the Supreme Court of Texas, the Texas Court of
  Criminal Appeals, and the standing committees of the house of
  representatives and the senate with primary jurisdiction over
  criminal justice. The commission shall include in its
  recommendations any specific statutes that the commission
  recommends revising.
         SECTION 2.  APPOINTMENT OF MEMBERS.  Not later than the 60th
  day after the effective date of this Act, the governor, the
  lieutenant governor, the speaker of the house of representatives,
  the chief justice of the Supreme Court of Texas, and the presiding
  judge of the Texas Court of Criminal Appeals shall appoint the
  members of the commission created under this Act.
         SECTION 3.  ABOLITION OF COMMISSION. The commission is
  abolished and this Act expires December 31, 2018.
         SECTION 4.  EFFECTIVE DATE.  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, 2017.