HBA-EDN H.J.R. 21 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 21
By: Gallego
Criminal Jurisprudence
2/2/2001
Introduced



BACKGROUND AND PURPOSE 

The clemency process in Texas has been questioned for its rigid standards.
One question relates to the governor's role in granting executive clemency
for cases involving persons sentenced to death.  In Texas, the governor has
limited powers to grant executive clemency in cases in which a person is
sentenced to death because the powers are tied to the decision of a
majority of the Board of Pardons and Paroles (board).  Under current law,
the governor has the authority to grant reprieves and commutation of
punishment only upon the recommendation of a majority of the board.  The
governor does, however, have the power to grant one reprieve for a period
not to exceed 30 days in any capital case.  House Joint Resolution 21
grants the governor the sole authority to grant one reprieve and to commute
a death sentence to life without the possibility of parole. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 21 amends the Texas Constitution to provide that the
governor shall have the power in a capital case to grant one reprieve for a
period not to exceed thirty days, and to grant a commutation of punishment
to life without parole if the defendant has been sentenced to death.    

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.