Texas 2009 - 81st Regular

Texas House Bill HB913 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R745 KCR-D
2	2	By: Dutton H.B. No. 913
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a commission to study capital
8	8	punishment in Texas and to a moratorium on executions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 37, Code of Criminal Procedure, is
11	11	amended by adding Article 37.15 to read as follows:
12	12	Art. 37.15. TEXAS CAPITAL PUNISHMENT COMMISSION
13	13	Sec. 1. CREATION. The Texas Capital Punishment Commission
14	14	is created.
15	15	Sec. 2. DUTIES. (a) The commission shall study capital
16	16	punishment in this state, concentrating particularly on issues
17	17	relating to the legal representation of inmates in capital cases,
18	18	the certainty of the guilt of individuals convicted in capital
19	19	cases, and the sufficiency of appellate review of convictions in
20	20	capital cases.
21	21	(b) The commission shall consult and cooperate with the
22	22	Texas Criminal Justice Integrity Unit, as appointed by the Texas
23	23	Court of Criminal Appeals, when conducting the study described by
24	24	Subsection (a).
25	25	(c) After completing the study, the commission shall
26	26	propose legislation to correct any inequities in the capital
27	27	punishment process in this state.
28	28	Sec. 3. COMPOSITION. (a) The commission is composed of
29	29	nine members appointed by the governor, three of whom must be
30	30	appointed from a list of candidates submitted to the governor by the
31	31	speaker of the house of representatives and three of whom must be
32	32	appointed from a list of candidates submitted to the governor by the
33	33	lieutenant governor. The governor may reject the candidates on a
34	34	list and require a new list to be submitted.
35	35	(b) Each member serves at the pleasure of the governor.
36	36	(c) The governor shall designate a member to serve as
37	37	presiding officer.
38	38	(d) Each member of the commission must be generally
39	39	experienced in criminal justice matters. In addition, there must
40	40	be at least one member of the commission who is experienced in the
41	41	prosecution of capital cases, one who is experienced in the defense
42	42	of capital cases, and one who is experienced as a trial judge in
43	43	capital cases. The governor shall ensure that the commission
44	44	members have the qualifications required by this subsection.
45	45	Sec. 4. REIMBURSEMENT. A member of the commission is not
46	46	entitled to compensation but is entitled to reimbursement for the
47	47	member's travel expenses as provided by Chapter 660, Government
48	48	Code, and the General Appropriations Act.
49	49	Sec. 5. ASSISTANCE. The Texas Legislative Council and the
50	50	Legislative Budget Board shall assist the commission in performing
51	51	the commission's duties.
52	52	Sec. 6. SUBMISSION. The commission shall submit the
53	53	proposed legislation described by Section 2 to the lieutenant
54	54	governor and the speaker of the house of representatives not later
55	55	than December 1, 2010.
56	56	Sec. 7. INITIAL APPOINTMENTS. The governor shall make the
57	57	appointments to the commission as soon as possible after the
58	58	effective date of this article.
59	59	Sec. 8. MORATORIUM. The state may not execute an inmate on
60	60	or after the effective date of this article and before September 1,
61	61	2011.
62	62	Sec. 9. OTHER LAW. The commission is not subject to Chapter
63	63	2110, Government Code.
64	64	Sec. 10. ABOLITION. The commission is abolished on January
65	65	1, 2011, and this article expires on that date.
66	66	SECTION 2. This Act takes effect September 1, 2009.