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.