Texas 2011 - 82nd Regular

Texas House Bill HR829 Latest Draft

Bill / Enrolled Version

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                            H.R. No. 829


 R E S O L U T I O N
 WHEREAS, Six former death row inmates who have been
 exonerated of the crime for which they were convicted are visiting
 the State Capitol on March 16, 2011, the Day of Innocence, in
 support of a moratorium on executions and other related measures;
 and
 WHEREAS, These men are among the 138 individuals who have
 been released from death row since 1973, either because their
 convictions were overturned and they then won acquittal at retrial
 or had the charges against them dropped, or because they were given
 an absolute pardon by the governor based on new evidence of their
 innocence; their lives forever changed by their wrongful
 conviction, these six individuals are now working to reform the
 criminal justice system; and
 WHEREAS, Convicted of murder in Texas in 1981, Clarence
 Brandley was just weeks away from his scheduled execution when
 evidence of coerced testimony and blatant racism in his first two
 trials prompted the FBI to intervene; three years later, the
 charges against him were dismissed; Mr. Brandley subsequently
 married, apprenticed as an electrician, and became a Baptist
 minister; his life became the subject of a book, White Lies, and a
 cable TV movie, Whitewash: The Clarence Brandley Story; and
 WHEREAS, Sentenced to death in Louisiana in 1987, Albert
 Burrell was 17 days away from execution in 1996 when his attorneys
 won a stay; the attorney general's office dismissed the charges
 against him in 2000, citing "a total lack of credible evidence," and
 later DNA analysis reinforced that assessment; Albert Burrell
 currently lives and works in Center; and
 WHEREAS, Gary Drinkard was convicted in Alabama in 1995; in
 2000, the state supreme court ordered a retrial on the basis of
 prosecutorial misconduct, and the following year a second jury
 found him innocent; Mr. Drinkard's case was subsequently presented
 to the U.S. Senate Judiciary Committee to illustrate the critical
 need that those facing the death penalty have for competent legal
 representation; and
 WHEREAS, Framed for murder, Shujaa Graham was sentenced in
 California in 1976; the state supreme court overturned his
 conviction because the district attorney had systematically
 excluded African American jurors in his first trial; Mr. Graham was
 ultimately acquitted in 1981, and since then he has played a leading
 role in the anti-death penalty and human rights movements; and
 WHEREAS, Ron Keine was sentenced to death in New Mexico in
 1974 after a witness, under intense pressure from prosecutors,
 fabricated a story about his guilt; the following year, the real
 killer turned himself in, and a new trial for Mr. Keine and his
 codefendants was eventually ordered; before the trial could be
 held, though, a judge threw out the murder indictment on the grounds
 that ballistic tests conclusively linked the confessed killer to
 the murder weapon; freed in 1976, Mr. Keine now owns a business in
 Michigan and is a leader in the campaign to abolish the death
 penalty; and
 WHEREAS, Anthony Graves of Brenham was arrested in 1992 and
 convicted in Texas in 1994, primarily on the testimony of one
 witness who later recanted his story; the Fifth Circuit Court of
 Appeals ultimately overturned Mr. Graves's conviction in 2006, and
 he was then sent to the Burleson County jail to await his new trial,
 which would be four years in coming; during that time, he was kept
 in solitary confinement; finally, in 2010, 18 years after Mr.
 Graves was first imprisoned, a special prosecutor determined that
 no case against him had ever existed, and the charges against him
 were dropped; and
 WHEREAS, There is no way to restore to these men the years
 they have lost, or to compensate them for the mental and emotional
 anguish they have suffered; notwithstanding the immeasurable pain
 they have endured, however, they have found the resilience to take a
 terrible ordeal and channel their response into constructive
 endeavor; their strength and purposefulness are a testament to
 their remarkable spirit and a continuing inspiration to countless
 fellow citizens; now, therefore, be it
 RESOLVED, That the House of Representatives of the 82nd Texas
 Legislature hereby honor Clarence Brandley, Albert Burrell, Gary
 Drinkard, Shujaa Graham, Ron Keine, and Anthony Graves for their
 tenacity in the pursuit of justice and for their significant
 contributions to the debate over an issue of paramount public
 concern; and, be it further
 RESOLVED, That official copies of this resolution be prepared
 for these gentlemen as an expression of high regard by the Texas
 House of Representatives.
 Dutton
 Straus Gonzales of Williamson Morrison Straus Gonzales of Williamson Morrison
Straus Gonzales of Williamson Morrison
 Aliseda Gonzalez Munoz, Jr. Aliseda Gonzalez Munoz, Jr.
Aliseda Gonzalez Munoz, Jr.
 Allen Gooden Murphy Allen Gooden Murphy
Allen Gooden Murphy
 Alonzo Guillen Naishtat Alonzo Guillen Naishtat
Alonzo Guillen Naishtat
 Alvarado Gutierrez Nash Alvarado Gutierrez Nash
Alvarado Gutierrez Nash
 Anchia Hamilton Oliveira Anchia Hamilton Oliveira
Anchia Hamilton Oliveira
 Anderson of Dallas Hancock Orr Anderson of Dallas Hancock Orr
Anderson of Dallas Hancock Orr
 Anderson of McLennan Hardcastle Otto Anderson of McLennan Hardcastle Otto
Anderson of McLennan Hardcastle Otto
 Aycock Harless Parker Aycock Harless Parker
Aycock Harless Parker
 Beck Harper-Brown Patrick Beck Harper-Brown Patrick
Beck Harper-Brown Patrick
 Berman Hartnett Paxton Berman Hartnett Paxton
Berman Hartnett Paxton
 Bohac Hernandez Luna Pena Bohac Hernandez Luna Pena
Bohac Hernandez Luna Pena
 Bonnen Hilderbran Perry Bonnen Hilderbran Perry
Bonnen Hilderbran Perry
 Branch Hochberg Phillips Branch Hochberg Phillips
Branch Hochberg Phillips
 Brown Hopson Pickett Brown Hopson Pickett
Brown Hopson Pickett
 Burkett Howard of Fort Bend Pitts Burkett Howard of Fort Bend Pitts
Burkett Howard of Fort Bend Pitts
 Burnam Howard of Travis Price Burnam Howard of Travis Price
Burnam Howard of Travis Price
 Button Huberty Quintanilla Button Huberty Quintanilla
Button Huberty Quintanilla
 Cain Hughes Raymond Cain Hughes Raymond
Cain Hughes Raymond
 Callegari Hunter Reynolds Callegari Hunter Reynolds
Callegari Hunter Reynolds
 Carter Isaac Riddle Carter Isaac Riddle
Carter Isaac Riddle
 Castro Jackson Ritter Castro Jackson Ritter
Castro Jackson Ritter
 Chisum Johnson Rodriguez Chisum Johnson Rodriguez
Chisum Johnson Rodriguez
 Christian Keffer Schwertner Christian Keffer Schwertner
Christian Keffer Schwertner
 Coleman King of Parker Scott Coleman King of Parker Scott
Coleman King of Parker Scott
 Cook King of Taylor Sheets Cook King of Taylor Sheets
Cook King of Taylor Sheets
 Craddick King of Zavala Sheffield Craddick King of Zavala Sheffield
Craddick King of Zavala Sheffield
 Creighton Kleinschmidt Shelton Creighton Kleinschmidt Shelton
Creighton Kleinschmidt Shelton
 Crownover Kolkhorst Simpson Crownover Kolkhorst Simpson
Crownover Kolkhorst Simpson
 Darby Kuempel Smith of Harris Darby Kuempel Smith of Harris
Darby Kuempel Smith of Harris
 Davis of Dallas Landtroop Smith of Tarrant Davis of Dallas Landtroop Smith of Tarrant
Davis of Dallas Landtroop Smith of Tarrant
 J. Davis of Harris Larson Smithee J. Davis of Harris Larson Smithee
J. Davis of Harris Larson Smithee
 S. Davis of Harris Laubenberg Solomons S. Davis of Harris Laubenberg Solomons
S. Davis of Harris Laubenberg Solomons
 Deshotel Lavender Strama Deshotel Lavender Strama
Deshotel Lavender Strama
 Driver Legler Taylor of Collin Driver Legler Taylor of Collin
Driver Legler Taylor of Collin
 Dukes Lewis Taylor of Galveston Dukes Lewis Taylor of Galveston
Dukes Lewis Taylor of Galveston
 Dutton Lozano Thompson Dutton Lozano Thompson
Dutton Lozano Thompson
 Eiland Lucio III Torres Eiland Lucio III Torres
Eiland Lucio III Torres
 Eissler Lyne Truitt Eissler Lyne Truitt
Eissler Lyne Truitt
 Elkins Madden Turner Elkins Madden Turner
Elkins Madden Turner
 Farias Mallory Caraway Veasey Farias Mallory Caraway Veasey
Farias Mallory Caraway Veasey
 Farrar Margo Villarreal Farrar Margo Villarreal
Farrar Margo Villarreal
 Fletcher Marquez Vo Fletcher Marquez Vo
Fletcher Marquez Vo
 Flynn Martinez Walle Flynn Martinez Walle
Flynn Martinez Walle
 Frullo Martinez Fischer Weber Frullo Martinez Fischer Weber
Frullo Martinez Fischer Weber
 Gallego McClendon White Gallego McClendon White
Gallego McClendon White
 Garza Menendez Woolley Garza Menendez Woolley
Garza Menendez Woolley
 Geren Miles Workman Geren Miles Workman
Geren Miles Workman
 Giddings Miller of Comal Zedler Giddings Miller of Comal Zedler
Giddings Miller of Comal Zedler
 Gonzales of Hidalgo Miller of Erath Zerwas Gonzales of Hidalgo Miller of Erath Zerwas
Gonzales of Hidalgo Miller of Erath Zerwas
 ______________________________
 Speaker of the House
 I certify that H.R. No. 829 was adopted by the House on March
 16, 2011, by a non-record vote.
 ______________________________
 Chief Clerk of the House



Straus Gonzales of Williamson Morrison

Aliseda Gonzalez Munoz, Jr.

Allen Gooden Murphy

Alonzo Guillen Naishtat

Alvarado Gutierrez Nash

Anchia Hamilton Oliveira

Anderson of Dallas Hancock Orr

Anderson of McLennan Hardcastle Otto

Aycock Harless Parker

Beck Harper-Brown Patrick

Berman Hartnett Paxton

Bohac Hernandez Luna Pena

Bonnen Hilderbran Perry

Branch Hochberg Phillips

Brown Hopson Pickett

Burkett Howard of Fort Bend Pitts

Burnam Howard of Travis Price

Button Huberty Quintanilla

Cain Hughes Raymond

Callegari Hunter Reynolds

Carter Isaac Riddle

Castro Jackson Ritter

Chisum Johnson Rodriguez

Christian Keffer Schwertner

Coleman King of Parker Scott

Cook King of Taylor Sheets

Craddick King of Zavala Sheffield

Creighton Kleinschmidt Shelton

Crownover Kolkhorst Simpson

Darby Kuempel Smith of Harris

Davis of Dallas Landtroop Smith of Tarrant

J. Davis of Harris Larson Smithee

S. Davis of Harris Laubenberg Solomons

Deshotel Lavender Strama

Driver Legler Taylor of Collin

Dukes Lewis Taylor of Galveston

Dutton Lozano Thompson

Eiland Lucio III Torres

Eissler Lyne Truitt

Elkins Madden Turner

Farias Mallory Caraway Veasey

Farrar Margo Villarreal

Fletcher Marquez Vo

Flynn Martinez Walle

Frullo Martinez Fischer Weber

Gallego McClendon White

Garza Menendez Woolley

Geren Miles Workman

Giddings Miller of Comal Zedler

Gonzales of Hidalgo Miller of Erath Zerwas