1 | 1 | | 84R18085 MAW-F |
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2 | 2 | | By: Krause, Moody, Leach, Canales, et al. H.B. No. 2565 |
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3 | 3 | | Substitute the following for H.B. No. 2565: |
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4 | 4 | | By: Herrero C.S.H.B. No. 2565 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the creation of a commission to review certain penal |
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10 | 10 | | laws of this state. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. COMMISSION TO STUDY CERTAIN PENAL LAWS. (a) A |
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13 | 13 | | commission is created to study and review all penal laws of this |
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14 | 14 | | state other than criminal offenses: |
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15 | 15 | | (1) under the Penal Code; |
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16 | 16 | | (2) under Chapter 481, Health and Safety Code; or |
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17 | 17 | | (3) related to the operation of a motor vehicle. |
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18 | 18 | | (b) The commission shall: |
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19 | 19 | | (1) evaluate all laws described by Subsection (a) of |
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20 | 20 | | this section; and |
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21 | 21 | | (2) make recommendations to the legislature regarding |
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22 | 22 | | the repeal of laws that are identified as being unnecessary, |
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23 | 23 | | unclear, duplicative, overly broad, or otherwise insufficient to |
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24 | 24 | | serve the intended purpose of the law. |
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25 | 25 | | (c) The commission is composed of nine members appointed as |
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26 | 26 | | follows: |
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27 | 27 | | (1) two members appointed by the governor; |
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28 | 28 | | (2) two members appointed by the lieutenant governor; |
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29 | 29 | | (3) two members appointed by the speaker of the house |
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30 | 30 | | of representatives; |
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31 | 31 | | (4) two members appointed by the chief justice of the |
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32 | 32 | | Supreme Court of Texas; and |
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33 | 33 | | (5) one member appointed by the presiding judge of the |
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34 | 34 | | Texas Court of Criminal Appeals. |
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35 | 35 | | (d) The officials making appointments to the commission |
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36 | 36 | | under Subsection (c) of this section shall ensure that the |
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37 | 37 | | membership of the commission includes representatives of all areas |
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38 | 38 | | of the criminal justice system, including prosecutors, defense |
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39 | 39 | | attorneys, judges, legal scholars, and relevant business |
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40 | 40 | | interests. |
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41 | 41 | | (e) The governor shall designate one member of the |
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42 | 42 | | commission to serve as the presiding officer of the commission. |
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43 | 43 | | (f) A member of the commission is not entitled to |
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44 | 44 | | compensation or reimbursement of expenses. |
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45 | 45 | | (g) The commission shall meet at the call of the presiding |
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46 | 46 | | officer. |
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47 | 47 | | (h) Not later than November 1, 2016, the commission shall |
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48 | 48 | | report the commission's findings and recommendations to the |
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49 | 49 | | governor, the lieutenant governor, the speaker of the house of |
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50 | 50 | | representatives, the Supreme Court of Texas, the Texas Court of |
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51 | 51 | | Criminal Appeals, and the standing committees of the house of |
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52 | 52 | | representatives and the senate with primary jurisdiction over |
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53 | 53 | | criminal justice. The commission shall include in its |
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54 | 54 | | recommendations any specific statutes that the commission |
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55 | 55 | | recommends revising or repealing. |
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56 | 56 | | SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th |
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57 | 57 | | day after the effective date of this Act, the governor, the |
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58 | 58 | | lieutenant governor, the speaker of the house of representatives, |
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59 | 59 | | the chief justice of the Supreme Court of Texas, and the presiding |
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60 | 60 | | judge of the Texas Court of Criminal Appeals shall appoint the |
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61 | 61 | | members of the commission created under this Act. |
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62 | 62 | | SECTION 3. ABOLITION OF COMMISSION. The commission is |
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63 | 63 | | abolished and this Act expires December 31, 2016. |
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64 | 64 | | SECTION 4. EFFECTIVE DATE. This Act takes effect |
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65 | 65 | | immediately if it receives a vote of two-thirds of all the members |
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66 | 66 | | elected to each house, as provided by Section 39, Article III, Texas |
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67 | 67 | | Constitution. If this Act does not receive the vote necessary for |
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68 | 68 | | immediate effect, this Act takes effect September 1, 2015. |
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