Texas Register
(29 TexReg 12110). The text of the
rule will not be republished.
The amended rule is adopted in order to clarifying the procedures for consideration
of a pardon based on actual innocence. Specifically, in order for the Board
to consider the petition, the Board must receive recommendations from at least
two trial officials, with one of those trial officials submitting documentary
evidence of actual innocence, or the Board must receive a certified order
or judgment of the district court accompanied by certified copies of the findings
of fact and conclusions of law where the court recommends that the Court of
Criminal Appeals grant state habeas relief on the grounds of actual innocence.
In addition, evidence submitted must include results of any DNA or other forensic
tests and may include affidavits of witnesses upon which the recommendation
of actual innocence is based.
Note that the Board has no authority under the Texas Constitution to order
DNA or other forensic testing.
No public comment was received regarding adoption of the amendment.
The amendment is adopted under Article IV, Section 11 of the
Texas Constitution, that invests the Board of Pardons and Paroles with the
power to recommend clemency, including pardons, commutations of sentence,
and reprieves; under Article 48.01, Code of Criminal Procedure, which cites
the constitutional provision; and under §508.036(b), Government Code,
that provides the Board with authority to adopt rules relating to the decision-making
processes used by the Board of Pardons and Paroles.
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 February 18, 2005.
TRD-200500777
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: March 10, 2005
Proposal publication date: December 31, 2004
For further information, please call: (512) 406-5388