Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013 Page: 4,865
4821-4956 p. ; 28 cm.View a full description of this periodical.
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tion will be to bring the rule into compliance with current board
practice. There will be no effect on small businesses. There is
no anticipated economic cost to persons required to comply with
the amended rule as proposed.
An Economic Impact Statement and Regulatory Flexibility Anal-
ysis is not required because the proposed amendments will not
have an economic effect on small businesses as defined in Texas
Government Code 2006.001(2).
Comments should be directed to Bettie Wells, General Coun-
sel, Texas Board of Pardons and Paroles, 209 W. 14th
Street, Suite 500, Austin, Texas 78701 or by e-mail to bet-
tie.wells@tdcj.state.tx.us. Written comments from the general
public should be received within 30 days of the publication of
this proposal.
The amendments are proposed under 508.036, 508.0441,
and 508.045, Government Code. Section 508.036 authorizes
the board to adopt rules relating to the decision-making pro-
cesses used by the board and parole panels. Section 508.0441
and 508.045 authorize the board to adopt reasonable rules
as proper or necessary relating to the eligibility of an offender
for release to mandatory supervision and to act on matters of
release to mandatory supervision.
No other statutes, articles, or codes are affected by these
amendments.
141.111. Definition of Terms.
The following words and terms used within these rules shall have the
following meanings, unless the context clearly indicates otherwise.
(1) - (15) (No change.)
(16) Hearing officer--A staff member designated by the
board and assigned to conduct a preliminary or revocation hearing
concerning one or more allegations of violation of the terms and con-
ditions of parole, mandatory supervision, or conditional pardon; and
a sex offender conditions hearing to determine whether the offender
constitutes a threat to society by reason of lack of sexual control.
(17) - (23) (No change.)
(24) Parole panel--A three member decision-making body
of the board authorized to act in release matters. In certain cases, the
full board acts as the parole panel.
(25) - (40) (No change.)
(41) Victim--A person who is the victim of the offense of
sexual assault, indecency with a child by contact, continuous sexual
abuse of a young child or children, aggravated sexual assault, kidnap-
ping, aggravated robbery, trafficking of persons, or injury to a child,
elderly individual, or disabled individual or who has suffered personal
injury or death as a result of the criminal conduct of another, as defined
in the Texas Code of Criminal Procedure, Article 56.01 2(a) and 3.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 22, 2013.
TRD-201302971
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 1, 2013
For further information, please call: (512) 406-5388CHAPTER 143. EXECUTIVE CLEMENCY
SUBCHAPTER D. REPRIEVE FROM
EXECUTION
37 TAC 143.42
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC 143.42, concerning reprieve recommended by the
board. The amendments recognize the right of the victim's family
in a capital felony case not to be contacted directly.
Rissie Owens, Chair of the Board, determined that for each year
of the first five-year period the proposed amendments are in ef-
fect, no fiscal implications exist for state or local government as
a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five
years the proposed amendments are in effect, the public benefit
anticipated as a result of enforcing the amendments to this sec-
tion will be to bring the rule into compliance with current board
practice. There will be no effect on small businesses. There is
no anticipated economic cost to persons required to comply with
the amended rule as proposed.
An Economic Impact Statement and Regulatory Flexibility Anal-
ysis is not required because the proposed amendments will not
have an economic effect on small businesses as defined in Texas
Government Code 2006.001(2).
Comments should be directed to Bettie Wells, General Coun-
sel, Texas Board of Pardons and Paroles, 209 W. 14th
Street, Suite 500, Austin, Texas 78701 or by e-mail to bet-
tie.wells@tdcj.state.tx.us. Written comments from the general
public should be received within 30 days of the publication of
this proposal.
The amendments are proposed 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, com-
mutations 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.
143.42. Reprieve Recommended by the Board.
The board will consider a reprieve of execution from death sentence
upon receipt of a written application in behalf of an offender. The in-
dividual filing such application, if other than the offender, may be re-
quired to demonstrate that he is authorized by the offender to file such
application. Any such application shall contain the following informa-
tion:
(1)- (6) (No change.)
(7) the requested length of duration of the reprieve, which
shall be in increments of 30 days that is, 30, 60, 90, etc., unless a dif-
ferent duration is requested upon the basis of the grounds for the appli-
cation set forth pursuant to paragraph (8) of this section; and,
(8) all grounds upon the basis of which the reprieve is re-
quested; provided that such grounds shall not call upon the board to
decide technical questions of law which are properly presented via the
judicial process [ and,]PROPOSED RULES August 2, 2013 38 TexReg 4865
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Texas. Secretary of State. Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013, periodical, August 2, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326805/m1/45/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.