82R11314 AJZ-F
By: McClendon, Gallego H.B. No. 115
Substitute the following for H.B. No. 115:
By: Gallego C.S.H.B. No. 115
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to investigate convictions
after exoneration and to prevent wrongful convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Code of Criminal Procedure, is
amended by adding Article 43.27 to read as follows:
Art. 43.27. TEXAS INNOCENCE COMMISSION
Sec. 1. CREATION. The Texas Innocence Commission is
created.
Sec. 2. COMPOSITION. The commission is composed of nine
members appointed by the governor. The governor shall make
appointments to the commission without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointee.
Sec. 3. TERMS; VACANCIES. (a) Members serve staggered
six-year terms, with one-third of the members' terms expiring
February 1 of each odd-numbered year.
(b) In the event of a vacancy, the governor shall appoint a
replacement to fill the unexpired portion of the term.
(c) The presiding officer of the commission shall be elected
on an annual basis by the members of the commission.
Sec. 4. MEETINGS. (a) The commission may hold its
meetings, hearings, and other proceedings at times and places as
the commission shall determine, but shall meet in Austin at least
once each year. Proceedings shall be by majority vote of those
present.
(b) The commission shall conduct a public hearing at least
once a year, the agenda of which must include a review of the work of
the commission in reviewing and investigating matters considered by
the commission under this article.
Sec. 5. QUALIFICATIONS. (a) Each member must be a
registered voter of the state.
(b) A member of the commission may not hold any other public
office or be an employee of any state department or agency, or be an
employee or member of another state board or commission during the
member's tenure on the commission.
(c) An individual may not be a member of the commission or
act as the general counsel to the commission if the individual or
individual's spouse is required to register as a lobbyist under
Chapter 305, Government Code, because of the individual's
activities for compensation on behalf of a profession or entity
related to the operation of the commission.
Sec. 6. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) does not have at the time of appointment the
qualifications required by this article;
(2) does not maintain during service on the commission
the qualifications required by this article;
(3) violates a prohibition established by this
article;
(4) is ineligible for membership under this article;
(5) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(6) is absent from more than half of the regularly
scheduled meetings that the member is eligible to attend during a
calendar year, unless the absence is excused by a majority vote of
the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
Sec. 7. COMMISSION MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the commission
shall complete a training program that meets the requirements of
this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on
the rules that relate to its investigatory authority;
(5) the requirements of laws relating to public
officials and public meetings, including conflict-of-interest
laws; and
(6) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
Sec. 8. SUNSET PROVISION. The Texas Innocence Commission
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
Texas Innocence Commission is abolished and this article expires
September 1, 2023.
Sec. 9. DUTIES. (a) The commission shall make thorough
review or investigation of all cases in which an innocent person was
convicted and exonerated, including convictions vacated based on a
plea to time served, to:
(1) identify the causes of wrongful convictions;
(2) ascertain errors and defects in the laws, rules,
proof, and procedures applied in prosecuting the defendant's case
at issue or implicated by each identified cause of wrongful
convictions;
(3) identify errors and defects in the criminal
justice process in this state generally, using peer-reviewed
research, expert analysis, and demographic data;
(4) consider and develop solutions and methods to
correct the identified errors and defects through legislation,
rule, regulation, or procedural changes; and
(5) identify procedures, programs, and educational or
training opportunities demonstrated to eliminate or minimize the
causes of wrongful convictions and prevent the future occurrence of
wrongful convictions and resulting executions.
(b) The commission shall consider potential implementation
plans, costs, cost savings, and the impact on the criminal justice
system for each potential solution.
(c) The commission may enter into contracts for research and
professional services as may be necessary or appropriate to
facilitate the work and activities of the commission or complete
the investigation of a particular post-exoneration case, including
forensic testing and autopsies.
Sec. 10. REPORTS AND RECORDS. (a) The commission shall
compile a detailed annual report of its findings and
recommendations, including any proposed legislation, rule, or
policy changes necessary or appropriate to implement procedures and
programs to prevent the causes and occurrence of future wrongful
convictions or executions. The commission may also compile interim
reports for the same or similar purposes.
(b) Official annual and interim reports issued by the
commission must be made available to the public on request.
(c) The findings and recommendations contained in the
official reports issued by the commission may be used as evidence in
any subsequent civil or criminal proceeding, according to the
applicable procedural and evidentiary rules for the tribunal in
which a particular matter is or may be pending.
(d) Working papers and records, including all documentary
or other information, prepared or maintained by the commission,
members, or staff in performing the commission's duties under this
article or other law to conduct an evaluation and prepare a report,
are excepted from the public disclosure requirements of Section
552.021, Government Code. A record held by another entity that is
considered to be confidential by law and that the commission
receives in connection with the performance of the commission's
functions under this article or another law remains confidential
and is excepted from the public disclosure requirements of Section
552.021, Government Code.
Sec. 11. SUBMISSION. The commission shall submit the
reports described by Section 10 to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
legislature not later than December 1 of each even-numbered year,
or not later than the 60th day after the issuance of the report,
whichever occurs first.
Sec. 12. GIFTS AND GRANTS. (a) The commission may apply
for and accept gifts, grants, and donations from any organization
described in Section 501(c)(3) or (4), Internal Revenue Code of
1986, for the purpose of funding any activity of the commission
under this article. The commission may apply for and accept grants
under federal programs.
(b) The commission may also receive donations from private
individuals or entities.
(c) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the members of the commission then
present and voting, and must be reported in the public records of
the commission with the name of the donor and purpose of the gift,
grant, or donation accepted.
(d) The commission may authorize and disburse subgrants of
funds from those funds that it may accept from time to time under
this section for appropriate programs, services, and activities
related to and in accord with the purposes and activities of the
commission.
Sec. 13. COMPENSATION; REIMBURSEMENT. A member of the
commission may not receive compensation for the services provided
as a member. A member is entitled to reimbursement by the
commission for the member's actual and necessary expenses incurred
in performing commission duties, subject to the availability of
funds from general revenue that may be appropriated to the
commission by the state. Reimbursements to members for actual and
necessary expenses incurred may be authorized by the commission
through funds received and administered by the commission from
gifts, grants, and donations it accepts under Section 12.
Sec. 14. ASSISTANCE OF STATE AGENCIES; ACCESS TO STATE
AGENCIES. (a) The Texas Legislative Council, the Legislative
Budget Board, and The University of Texas at Austin shall assist the
commission in performing the commission's duties.
(b) The commission may also request the assistance of other
state agencies and officers. When assistance is requested, a state
agency or officer shall assist the commission in carrying out its
functions under this article. The commission or its designee may
inspect the records, documents, and files of any state agency in
carrying out the commission's duties.
Sec. 15. OTHER LAW. The commission is not subject to
Chapter 2110, Government Code.
SECTION 2. In appointing the initial members of the Texas
Innocence Commission, the governor shall appoint three persons to
terms expiring February 1, 2013, three to terms expiring February
1, 2015, and three to terms expiring February 1, 2017.
SECTION 3. The appointments to the Texas Innocence
Commission required by Article 43.27, Code of Criminal Procedure,
as added by this Act, shall be made not later than the 60th day after
the effective date of this Act.
SECTION 4. 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, 2011.