84R18085 MAW-F
By: Krause, Moody, Leach, Canales, et al. H.B. No. 2565
Substitute the following for H.B. No. 2565:
By: Herrero C.S.H.B. No. 2565
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to review certain penal
laws of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. COMMISSION TO STUDY CERTAIN PENAL LAWS. (a) A
commission is created to study and review all penal laws of this
state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481, Health and Safety Code; or
(3) related to the operation of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws described by Subsection (a) of
this section; and
(2) make recommendations to the legislature regarding
the repeal of laws that are identified as being unnecessary,
unclear, duplicative, overly broad, or otherwise insufficient to
serve the intended purpose of the law.
(c) The commission is composed of nine members appointed as
follows:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) two members appointed by the chief justice of the
Supreme Court of Texas; and
(5) one member appointed by the presiding judge of the
Texas Court of Criminal Appeals.
(d) The officials making appointments to the commission
under Subsection (c) of this section shall ensure that the
membership of the commission includes representatives of all areas
of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business
interests.
(e) The governor shall designate one member of the
commission to serve as the presiding officer of the commission.
(f) A member of the commission is not entitled to
compensation or reimbursement of expenses.
(g) The commission shall meet at the call of the presiding
officer.
(h) Not later than November 1, 2016, the commission shall
report the commission's findings and recommendations to the
governor, the lieutenant governor, the speaker of the house of
representatives, the Supreme Court of Texas, the Texas Court of
Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over
criminal justice. The commission shall include in its
recommendations any specific statutes that the commission
recommends revising or repealing.
SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th
day after the effective date of this Act, the governor, the
lieutenant governor, the speaker of the house of representatives,
the chief justice of the Supreme Court of Texas, and the presiding
judge of the Texas Court of Criminal Appeals shall appoint the
members of the commission created under this Act.
SECTION 3. ABOLITION OF COMMISSION. The commission is
abolished and this Act expires December 31, 2016.
SECTION 4. EFFECTIVE DATE. 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, 2015.