Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
Chapter 143.
EXECUTIVE CLEMENCY
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §143.43
and §143.57, concerning the procedure in capital reprieve cases and commutation
of death sentence to lesser penalty. The amendments are adopted without change
to the proposed text as published in the June 9, 2006, issue of the
The amended rules are adopted for the purpose of clarifying the address
for submission of an application and supplemental information for a reprieve
and commutation of death sentence to a lesser penalty.
No public comment was received regarding adoption of the amendment.
Subchapter D. REPRIEVE OF EXECUTION
37 TAC §143.43
The amended rules are adopted under Article IV, Section 11
of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that
invest the Board of Pardons and Paroles with the power to recommend clemency,
including pardons, commutations of sentence, and reprieves; 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.
No other statutes, articles, or codes are affected by the amendment.
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 21, 2006.
TRD-200603835
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: August 10, 2006
Proposal publication date: June 9, 2006
For further information, please call: (512) 406-5388
37 TAC §143.57
The amended rules are adopted under Article IV, Section 11
of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that
invest the Board of Pardons and Paroles with the power to recommend clemency,
including pardons, commutations of sentence, and reprieves; 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.
No other statutes, articles or codes are affected by these amendments.
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 21, 2006.
TRD-200603837
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: August 10, 2006
Proposal publication date: June 9, 2006
For further information, please call: (512) 406-5388
Subchapter A. PAROLE PROCESS
37 TAC §145.3
The Texas Board of Pardons and Paroles adopts an amendment
to 37 TAC §145.3, concerning policy statements relating to parole release
decisions by the Board of Pardons and Paroles. The amendment is adopted without
change to the proposed text as published in the June 9, 2006, issue of the
The amended rule is adopted for the purpose of updating the cross references
to 37 TAC §145.17 and clarifying the language of the rule.
No public comment was received regarding adoption of the amendment.
The amended rule is adopted under §§508.036, 508.0441,
and 508.141, Government Code. Section 508.036 provides the board with the
authority to adopt rules relating to the decision-making processes used by
the board and parole panels. Section 508.0441 provides the board with the
authority to adopt reasonable rules as proper or necessary relating to the
eligibility of an inmate for release on parole or release to mandatory supervision.
Section 508.141 provides the board with the authority to consider and order
release on parole.
No other statutes, articles, or codes are affected by the amendment.
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 21, 2006.
TRD-200603833
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: August 10, 2006
Proposal publication date: June 9, 2006
For further information, please call: (512) 406-5388
37 TAC §145.16
The Texas Board of Pardons and Paroles adopts an amendment
to 37 TAC §145.16, concerning action upon special review--release approved.
The amendment is adopted without change to the proposed text as published
in the June 9, 2006, issue of the
Texas Register
(31 TexReg 4707). The text of the rule will not be republished.
The amended rule is adopted for the purpose of updating the language of
the section title and to clarify the procedures regarding subsequent reviews
of parole panel votes to approve release to parole or mandatory supervision.
No public comment was received regarding adoption of the amendment.
The amended rule is adopted under §§508.036, 508.0441,
and 508.141, Government Code. Section 508.036 provides the board with the
authority to adopt rules relating to the decision-making processes used by
the board and parole panels. Section 508.0441 provides the board with the
authority to adopt reasonable rules as proper or necessary relating to the
eligibility of an inmate for release on parole or release to mandatory supervision.
Section 508.141 provides the board authority to consider and order release
on parole.
No other statutes, articles, or codes are affected by the amendment.
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 21, 2006.
TRD-200603831
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: August 10, 2006
Proposal publication date: June 9, 2006
For further information, please call: (512) 406-5388
Subchapter E. COMMUTATION OF SENTENCE
Chapter 145.
PAROLE