Part I.
Texas Department of Public Safety
Chapter 6.
License to Carry Concealed Handgun
Subchapter A. General Provisions
37 TAC §§6.1, 6.3-6.5
The Texas Department of Public Safety adopts amendments to
§§6.1 and 6.3-6.5 concerning License to Carry Concealed Handgun,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4178) and
will not be republished.
The justification for these amendments will be to comply with legislative
amendments to the Concealed Handgun Statute.
Amendments to these sections include adding and deleting language included
in definitions of terms used, changing the mailing address for correspondence,
and adding and deleting language used in providing notice to persons licensed
to carry a concealed handgun.
No comments were received regarding the adoption of these amendments.
These amendments are adopted pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904611
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§6.11, 6.14-6.18, 6.21
The Texas Department of Public Safety adopts amendments to
§§6.11, 6.14-6.18 and new §6.21 concerning License to Carry
Concealed Handgun, without changes to the proposed text as published in the
June 4, 1999, issue of the
Texas Register
(24 TexReg 4181) and will not be republished.
The justification for these amendments will be to comply with legislative
amendments to the Concealed Handgun Statute and to clarify department policy.
Amendments to these sections include adding and deleting language included
in the eligibility requirements for a concealed handgun license, and adding
and deleting language used in the concealed handgun licensing and licensing
renewal process.
No comments were received regarding the adoption of these amendments.
These amendments and new section are adopted pursuant to Texas
Civil Statutes, Article 4413(29ee), §22 (now codified in Texas Government
Code, Subchapter H, §411.197) which authorize the department to adopt
rules to administer this article.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904612
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.21
The Texas Department of Public Safety adopts the repeal of
§6.21, concerning License to Carry Concealed Handgun, without changes
as published in the June 4, 1999, issue of the
Texas
Register
(24 TexReg 4187).
The justification for this repeal will be the simultaneous filing of new
§6.21 which clarifies the renewal of license process.
No comments were received regarding the repeal of this section.
The repeal is adopted pursuant to Texas Civil Statutes, Article
4413(29ee), §22 (now codified in Texas Government Code, Subchapter H,
§411.197) which authorize the department to adopt rules to administer
this article
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904613
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.31
The Texas Department of Public Safety adopts an amendment
to §6.31 concerning License to Carry Concealed Handgun, without changes
to the proposed text as published in the June 4, 1999, issue of the
The justification for the amendment will be to comply with legislative
changes to the Concealed Handgun Statute.
Amendment to the section deletes language used in providing a notice of
denial for a license to carry concealed handgun.
No comments were received regarding the adoption of this amendment.
The amendment is adopted pursuant to Texas Civil Statutes, Article
4413(29ee), §22 (now codified in Texas Government Code, Subchapter H,
§411.197) which authorize the department to adopt rules to administer
this article.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904614
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§6.43-6.45
The Texas Department of Public Safety adopts amendments to
§§6.43-6.45, concerning license to carry concealed handgun, without
changes to the proposed text as published in the June 4, 1999, issue of the
The justification for these amendments will be to comply with legislative
amendments to the Concealed Handgun Statute.
Amendments to these sections include adding and deleting language included
in the places where concealed handguns are prohibited.
No comments were received regarding the adoption of these amendments.
The amendments are adopted pursuant to Texas Civil Statutes, Article 4413(29ee),
§22 (now codified in Texas Government Code, Subchapter H, §411.197)
which authorize the department to adopt rules to administer this article.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904615
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.61, §6.63
The Texas Department of Public Safety adopts amendments to
§6.61 and §6.63, concerning license to carry concealed handgun,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4188) and
will not be republished.
The justification for these amendments will be to comply with legislative
amendments to the Concealed Handgun Statute.
Amendments to these sections include adding and deleting language included
in the suspension and revocation of a concealed handgun license.
No comments were received regarding the adoption of these amendments.
When the section was previously proposed, the authority section was listed
as Texas Transportation Code. That was incorrect. The correct authority section
for this change is the Texas Government Code.
The amendments are adopted pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904616
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§6.82, 6.84, 6.95
The Texas Department of Public Safety adopts amendments to
§§6.82, 6.84, and 6.95, concerning license to carry concealed handgun,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4190) and
will not be republished.
The justification for these amendments will be to comply with legislative
amendments to the Concealed Handgun Statute.
Amendments to these sections include adding and deleting language included
in instructor certification, the curriculum for license applicants, and to
provide a grace period for the acceptance of renewal instructor applications.
No comments were received regarding the adoption of these amendments.
The amendments are adopted pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article. §6.82 Instructor Certification. An instructor applicant
who has submitted the required application material, successfully completed
training by the department, and who meets the eligibility requirements, may
be certified as a handgun instructor by the department. Upon certification,
an instructor may conduct training and proficiency examination of license
applicants.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904617
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.114, §6.118
The Texas Department of Public Safety adopts amendments to
§6.114 and §6.118, concerning license to carry concealed handgun,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4191) and
will not be republished.
The justification for these amendments will be to comply with legislative
amendments to the Concealed Handgun Statute.
No comments were received regarding the adoption of these amendments.
The amendments are adopted pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904618
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
Subchapter A. Commercial Vehicle Registration Enforcement
37 TAC §11.1, 11.5
The Texas Department of Public Safety adopts amendments to
§11.1 and §11.5, concerning commercial vehicle registration enforcement,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4191) and
will not be republished.
The justification for these amendments will be to reflect changes resulting
from the re-codification of Texas Civil Statutes to the Texas Transportation
Code and the repeal of Texas Civil Statutes, Articles 911b and 6701c-1.
Amendments to these sections include the deletion of outdated statutory
language.
No comments were received regarding the adoption of these amendments.
The amendments are adopted pursuant to Texas Government Code,
§411.006(4) and §411.018, which provide the director of the Texas
Department of Public Safety with the authority to establish rules for the
conduct of the work of the Texas Department of Public Safety.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904619
Dudley M. Thomas
Director
Texas Deprtment of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512)424-2135
37 TAC §11.28
The Texas Department of Public Safety adopts the repeal of
§11.28, concerning lease requirements for commercial motor vehicles,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4192) and
will not be republished.
The justification for the repeal will be the removal of unnecessary rules.
No comments were received regarding the repeal of this section.
The repeal is adopted pursuant to Texas Government Code, §411.006(4),
and §411.018, which provide the director of the Texas Department of Public
Safety with the authority to establish rules for the conduct of the work of
the Texas Department of Public Safety.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904620
Dudley M. Thomas
Director
Texas Deprtment of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512)424-2135
37 TAC §§11.41-11.44
The Texas Department of Public Safety adopts the repeal of
§§11.41-11.44, concerning motor carrier enforcement guidelines,
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4192) and
will not be republished.
The justification for the repeal will be the removal of unnecessary rules.
No comments were received regarding the repeal of these sections.
The repeals are adopted pursuant to Texas Government Code, §411.006(4),
and §411.018, which provide the director of the Texas Department of Public
Safety with the authority to establish rules for the conduct of the work of
the Texas Department of Public Safety.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904621
Dudley M. Thomas
Director
Texas Deprtment of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
37 TAC §11.51, §11.52
The Texas Department of Public Safety adopts amendments to
§11.51 and §11.52, concerning weight law enforcement, without changes
to the proposed text as published in the June 4, 1999, issue of the
The justification for the amendments will be to reflect changes resulting
from the re-codification of Texas Civil Statutes to the Texas Transportation
Code and the repeal of Texas Civil Statutes, Articles 911b and 6701c-1.
Amendments to the sections include the deletion of outdated statutory language.
No comments were received regarding the adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code
§411.006(4) and §411.018, which provide the director of the Texas
Department of Public Safety with the authority to establish rules for the
conduct of the work of the Texas Department of Public Safety.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904622
Dudley M. Thomas
Director
Texas Deprtment of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512)424-2135
Subchapter A. Administrative License Revocation
37 TAC §§17.1-17.16
The Texas Department of Public Safety adopts the repeal of
§§17.1-17.16, concerning Administrative License Revocation ("ALR"),
without changes to the proposed text as published in the June 4, 1999, issue
of the
Texas Register
(24 TexReg 4195) and
will not be republished.
The justification for the repeals will be the simultaneous filing of new
Administrative License Revocation procedures, to reflect the changes in statute
from Texas Civil Statutes to Texas Transportation Code, and to encompass "zero
tolerance" legislation involving minors.
No comments were received regarding the repeal of these sections.
The repeals are adopted pursuant to Texas Transportation Code,
Chapter 522, Chapter 524, and Chapter 724, which provide the department and
the State Office of Administrative Hearings shall adopt rules to administer
this chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904623
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
The Texas Department of Public Safety
adopts new §§17.1-17.16, concerning Administrative License Revocation
("ALR"), without changes to the proposed text as published in the June 4,
1999, issue of the
Texas Register
(24 TexReg
4195) and will not be republished.
The new sections promulgate the procedures relating to issuance of notice
suspensions, administrative suspension in an uncontested, request for hearing
and witnesses in a contested case, enforcement of suspension, and reinstatement
of license. The new sections further reflect changes in statute from Texas
Civil Statutes to the Texas Transportation Code and will encompass "zero tolerance"
legislation involving minors.
No comments were received regarding the adoption of the new sections.
The new sections are adopted pursuant to Texas Transportation
Code, Chapter 522, Chapter 524, and Chapter 724, which provide the department
and the State Office of Administrative Hearings shall adopt rules to administer
this chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904624
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 424-2135
Chapter 143.
Executive Clemency
Subchapter D. Reprieve of Execution
37 TAC §143.43
The Policy Board of the Texas Board of Pardons and Paroles
adopts an amendment to §143.43, concerning the application process to
the Board for a recommendation to the governor of a reprieve from execution,
with one change in response to comments to the proposed text as published
in the June 4, 1999, issue of the
Texas Register
(24 TexReg 4200).
The amendment is adopted for the purpose of clarifying the procedures regarding
time deadlines for submitting supplements to the clemency application, and
providing for a voluntary interview with a member of the Board, with the interview
request to be made with the initial application or during the supplemental
time period, in order to give the Board members more time to consider all
the information before them.
A public hearing was requested pursuant to §2001.029 of the Texas
Government Code by representatives of two groups of twenty-five people or
more, Mr. Bill Habern on behalf of the Texas Criminal Defense Lawyers' Association;
and Mr. David P. Atwood, representing the Texas Coalition to Abolish the Death
Penalty.
The public hearing was held prior to the adoption of the proposed amendments
to §143.43 as part of the Policy Board meeting on July 8, 1999. Ten people
testified at the hearing.
There were numerous written comments to the proposed amended rule, all
considered by the Policy Board. Some of those who commented in writing also
attended and commented during the public hearing.
Seven commentors suggested in writing that the inmate's attorney be present
during the interview. The Policy Board declined to make this change in the
proposed amendments to the rule. The U.S. Supreme Court in 1998 unanimously
decided in Ohio Adult Parole Authority v. Woodard, ____ U.S. ____, 118 S.Ct.
1244 (1998) that Ohio's clemency procedures barring counsel from voluntary
interviews does not constitute a violation of the due process clause or the
federal right against self-incrimination.
Six commentors suggested in writing that the interview be conducted by
three Board members rather than one. Chairman Rodriguez made clear during
the hearing on July 8, 1999, prior to the adoption of the rule by the Policy
Board, that the number of Board members conducting the interview was not intended
to be restricted to one but would be assigned at the direction of the Chair.
Three commentors suggested in writing that the interviews be videotaped.
The Policy Board declined to adopt the suggested change to the proposed amended
rule.
Two commentors suggested in writing that the interview be part of a public
hearing. The Policy Board declined to adopt the suggested change.
Faulder and Lewis v. Texas Board of Pardons and Paroles et al.
(03-99-00059-CV,
____ S.W.2d ____, 5/18/99).
One commentor in writing opposes the idea of interviews with death row
inmates scheduled for execution, based on the excessive costs involved, and
the stress and burden placed on Board members when the inmate has already
received a trial. The Policy Board declined to delete the provision in question.
One commentor in writing proposed a "safety valve" provision which extended
the proposed supplemental filing deadline under special circumstances. The
Policy Board declined to adopt the change to the proposed amendment to the
rule, as the supplemental period extends seven more days past the initial
deadline for application (twenty-one days).
One commentor suggested the deletion in subsection (e) of the words, "Board
of Pardons and Paroles staff," and suggested that TDCJ Institutional Division
staff present at the interview could provide any secretarial assistance to
the Board members. The result would be a cost savings as Board assistants
would not be required to travel outside their offices. The Policy Board agreed
with the commentor and adopted the proposed change to the amended rule.
The amendment is adopted under the Texas Constitution, Article
IV, Section 11, and the Code of Criminal Procedure, Article 48.01, which provides
the Board with authority to recommend reprieves, commutations of punishments
and pardons to the governor.
§143.43. Procedure in Capital Reprieve Cases.
(a)
The written application in behalf of a convicted person
seeking a board recommendation to the governor of a reprieve from execution
must be delivered to the Texas Board of Pardons and Paroles, Clemency Section,
Austin, Texas, not later than the twenty-first calendar day before the execution
is scheduled. If the twenty-first calendar day before the execution is scheduled
falls on a weekend or state observed holiday, the application shall be delivered
not later than the next business day. Otherwise, the applicant's recourse
will be directly to the governor.
(b)
All supplemental information, including but not limited
to amendments, addenda, supplements, or exhibits, must be submitted in writing
and delivered to the Texas Board of Pardons and Paroles, Clemency Section,
Austin, Texas, not later than the fifteenth calendar day before the execution
is scheduled. If the fifteenth calendar day before the execution is scheduled
falls on a weekend or state observed holiday, all additional information including
but not limited to amendments, addenda, supplements, or exhibits shall be
delivered not later than the next business day.
(c)
Any information filed with the application, including
but not limited to amendments, addenda, supplements, or exhibits, which require
reproduction facilities, equipment, or technology not operated by the board,
must be provided by the applicant in an amount sufficient to allow review
by all members of the board. An amount sufficient shall mean not less than
10 and not more than 20 copies of the duplicate item.
(d)
A convicted person seeking a board recommendation to the
governor of a reprieve from execution may request an interview with a member
of the board. Such request shall be included in the written application or
any supplement filed therewith in accordance with this section.
(e)
Upon receipt of a request for an interview, the presiding
officer (chair) shall designate at least one member of the board to conduct
the requested interview. Such interview shall occur at the confining unit
of TDCJ. Attendance at such interviews shall be limited to the convicted person,
the designated board member(s), and TDCJ staff. The board may consider statements
by the inmate made at such interviews when considering the inmate's application
for reprieve.
(f)
The board shall consider and decide applications for reprieve
from execution. Upon review, a majority of the board, or a majority thereof,
in written and signed form, may:
(1)
recommend to the governor a reprieve from execution;
(2)
not recommend a reprieve from execution; or
(3)
set the matter for a hearing as soon as practicable
and at a location convenient to the board and the parties to appear before
it.
(g)
When the board sets a hearing pursuant to subsection (f)(3)
of this section, it shall notify the trial officials of the county of conviction
and the attorney general of the State of Texas and allow any such official(s),
or the designated representatives thereof, the opportunity to attend the hearing
and/or to present any relevant information. At the time of notifying the trial
officials, the board shall also notify any representative of the family of
the victim (who has previously requested to be notified) of the receipt of
the application, the setting of a hearing, and of said representative or family
member's rights to provide any written comments or to attend the hearing.
(h)
All hearings conducted by the board under this section
shall be in open session pursuant to requirements of the Texas Open Meetings
Act, Article 6252-17. For the purpose of discussing matters which are deemed
confidential by statute, or where otherwise authorized by the provisions of
the Texas Open Meetings Act, the proceedings may be conducted in executive
session closed to members of the general public, for that limited purpose.
Only those persons whose privacy interests and right to confidentiality may
be abridged by discussion involving disclosure of confidential information
may be allowed to meet with members of the board in their executive session
to discuss that information. No decision, vote, or final action by the board
shall be made during a closed meeting; the board's decision, vote, or final
action shall be made and announced in an open meeting. The hearing may be
recessed prior to its completion and reconvened pursuant to the directions
of the board.
(i)
Advocates for and against the death penalty, generally,
and members of the general public may present written information for the
board's consideration at its central office headquarters at any reasonable
time.
(j)
After the conclusion of the hearing, the board shall render
its decision, reached by majority vote, within a reasonable time, which decision
shall be either to:
(1)
recommend to the governor a reprieve from execution;
(2)
not recommend a reprieve from execution; or
(3)
recess the proceedings without rendering a decision
on the merits, if a reprieve has been granted by the governor or if a court
of competent jurisdiction has granted a stay of execution.
(k)
Each of the provisions of this section and §143.42
of this title (relating to Reprieve Recommended by Board) are subject to waiver
by the board when it finds that there exists good and adequate cause to suspend
said provisions and adopt a different procedure which it finds to be better
suited to the exigencies of the individual case before it.
(l)
Successive or repetitious reprieve applications submitted
in behalf of the same condemned felon may be summarily denied by the board
without meeting.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
28, 1999.
TRD-9904547
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: August 17, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 463-1883
37 TAC §143.57
The Policy Board of the Texas Board of Pardons and Paroles
adopts an amendment to §143.57, concerning the application process to
the Board for a recommendation to the governor of a commutation of death sentence
to a lesser penalty, with one change in response to comments to the proposed
text as published in the June 4, 1999, issue of the
Texas Register
(24 TexReg 4201).
The amendment is adopted for the purpose of clarifying the procedures regarding
time deadlines for submitting supplements to the clemency application, and
providing for a voluntary interview with a member of the Board, with the interview
request to be made with the initial application or during the supplemental
time period, in order to give the Board members more time to consider all
the information before them.
A public hearing was requested pursuant to §2001.029 of the Texas
Government Code by representatives of two groups of twenty-five people or
more, Mr. Bill Habern on behalf of the Texas Criminal Defense Lawyers' Association;
and Mr. David P. Atwood, representing the Texas Coalition to Abolish the Death
Penalty
The public hearing was held prior to the adoption of the proposed amendments
to §143.57 as part of the Policy Board meeting on July 8, 1999. Ten people
testified at the hearing.
There were numerous written comments to the proposed amended rule, all
considered by the Policy Board. Some of those who commented in writing also
attended and commented during the public hearing.
Seven commentors suggested in writing that the inmate's attorney be present
during the interview. The Policy Board declined to make this change in the
proposed amendments to the rule. The U.S. Supreme Court in 1998 unanimously
decided in
Ohio Adult Parole Authority v. Woodard
, ____ U.S. ____, 118 S.Ct. 1244 (1998) that Ohio's clemency procedures
barring counsel from voluntary interviews does not constitute a violation
of the due process clause or the federal right against self-incrimination.
Six commentors suggested in writing that the interview be conducted by
three Board members rather than one. Chairman Rodriguez made clear during
the hearing on July 8, 1999, prior to the adoption of the rule by the Policy
Board, that the number of Board members conducting the interview was not intended
to be restricted to one but would be assigned at the direction of the Chair.
Three commentors suggested in writing that the interviews be videotaped.
The Policy Board declined to adopt the suggested change to the proposed amended
rule.
Two commentors suggested in writing that the interview be part of a public
hearing. The Policy Board declined to adopt the suggested change.
Faulder and Lewis v. Texas Board of Pardons and Paroles et al.
(03-99-00059-CV,
____ S.W.2d ____, 5/18/99).
One commentor in writing opposes the idea of interviews with death row
inmates scheduled for execution, based on the excessive costs involved, and
the stress and burden placed on Board members when the inmate has already
received a trial. The Policy Board declined to delete the provision in question.
One commentor in writing proposed a "safety valve" provision which extended
the proposed supplemental filing deadline under special circumstances. The
Policy Board declined to adopt the change to the proposed amendment to the
rule, as the supplemental period extends seven more days past the initial
deadline for application (twenty-one days).
One commentor suggested the deletion in subsection (f) of the words, "Board
of Pardons and Paroles staff," and suggested that TDCJ Institutional Division
staff present at the interview could provide any secretarial assistance to
the Board members. The result would be a cost savings as Board assistants
would not be required to travel outside their offices. The Policy Board agreed
with the commentor and adopted the proposed change to the amended rule.
The amendment is adopted under the Texas Constitution, Article
IV, Section 11, and the Code of Criminal Procedure, Article 48.01, which provides
the Board with authority to recommend reprieves, commutations of punishments
and pardons to the governor.
§143.57. Commutation of Death Sentence to Lesser Penalty.
(a)
The board will consider recommending to the governor a
commutation of death sentence to a sentence of life imprisonment or the appropriate
maximum penalty that can be imposed upon receipt of:
(1)
a request from the majority of the trial officials of
the court of conviction; or
(2)
a written request of the convicted person or representative
setting forth all grounds upon which the application is based, stating the
full name of the convicted person, the county of conviction, and the execution
date.
(b)
The written application in behalf of a convicted person
seeking a board recommendation to the governor of commutation of the death
sentence to a lesser penalty must be delivered to the Texas Board of Pardons
and Paroles, Clemency Section, Austin, Texas, not later than the twenty-first
calendar day before the day the execution is scheduled. If the twenty-first
calendar day before the execution is scheduled falls on a weekend or state
observed holiday, the application shall be delivered not later than the next
business day.
(c)
All supplemental information not filed with the application,
including but not limited to amendments, addenda, supplements, or exhibits,
must be submitted in writing and delivered to the Texas Board of Pardons and
Paroles, Clemency Section, Austin, Texas, not later than the fifteenth calendar
day before the execution is scheduled. If the fifteenth calendar day before
the execution is scheduled falls on a weekend or state observed holiday, all
additional information including but not limited to amendments, addenda, supplements,
or exhibits shall be delivered not later than the next business day.
(d)
Any information filed with the application, including
but not limited to amendments, addenda, supplements, or exhibits, which require
reproduction facilities, equipment, or technology not operated by the board
must be provided by the applicant in an amount sufficient to allow review
by all members of the board. An amount sufficient shall mean not less than
10 and not more than 20 copies of the duplicate item.
(e)
A convicted person seeking a board recommendation to the
governor of commutation of the death sentence to a lesser penalty may request
an interview with a member of the board. Such request shall be included in
the written application or any supplement filed therewith in accordance with
this section.
(f)
Upon receipt of a request for an interview, the presiding
officer (chair) shall designate at least one member of the board to conduct
the requested interview. Such interview shall occur at the confining unit
of TDCJ. Attendance at such interviews shall be limited to the convicted person,
the designated board member(s), and TDCJ staff. The board may consider statements
by the inmate made at such interviews when considering the inmate's application
for commutation of the death sentence to a lesser penalty.
(g)
The board shall consider and decide applications for commutation
of the death sentence to a lesser penalty. Upon review, a majority of the
board, or a majority thereof, in written and signed form, may:
(1)
recommend to the governor the commutation of the death
sentence to a lesser penalty;
(2)
not recommend commutation of the death sentence to
a lesser penalty; or
(3)
set the matter for a hearing pursuant to §143.43
of this Chapter (relating to Procedure in Capital Reprieve Cases).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July
28, 1999.
TRD-9904548
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: August 17, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 463-1883
Subchapter A. Parole Process
Subchapter B. Eligibility and Application Procedures
Subchapter C. Procedures on Denial of License
Subchapter D. Time, Place, and Manner Restrictions on License Holders
Subchapter F. Suspension and Revocation Procedures
Subchapter G. Certified Handgun Instructors
Subchapter H. Information and Reports
Chapter 11.
Commercial Vehicle Registration
Subchapter B. Lease Requirements for Commercial Motor Vehicles
Subchapter C. Motor Carrier Enforcement Guidelines
Subchapter D. Weight Law Enforcement
Chapter 17.
Administrative License Revocation
Part V.
Texas Board of Pardons and Paroles
Subchapter E. Commutation of Sentence
Chapter 145.
Parole