Bill Text: TX HB2804 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of a commission to review certain penal laws of this state.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-04-15 - Committee report sent to Calendars [HB2804 Detail]
Download: Texas-2013-HB2804-Introduced.html
| 83R10221 MAW-D | ||
| By: Toth | H.B. No. 2804 | |
|
|
||
|
|
||
| relating to the creation of a commission to review certain penal | ||
| laws of this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. COMMISSION TO STUDY CERTAIN PENAL LAWS. (a) A | ||
| commission is created to study and review all penal laws of this | ||
| state other than criminal offenses: | ||
| (1) under the Penal Code; | ||
| (2) under Chapter 481, Health and Safety Code; or | ||
| (3) related to the operation of a motor vehicle. | ||
| (b) The commission shall: | ||
| (1) evaluate all laws described by Subsection (a) of | ||
| this section; and | ||
| (2) make recommendations to the legislature regarding | ||
| the repeal of laws that are identified as being unnecessary, | ||
| unclear, duplicative, overly broad, or otherwise insufficient to | ||
| serve the intended purpose of the law. | ||
| (c) The commission is composed of nine members appointed as | ||
| follows: | ||
| (1) two members appointed by the governor; | ||
| (2) two members appointed by the lieutenant governor; | ||
| (3) two members appointed by the speaker of the house | ||
| of representatives; | ||
| (4) two members appointed by the chief justice of the | ||
| Supreme Court of Texas; and | ||
| (5) one member appointed by the presiding judge of the | ||
| Texas Court of Criminal Appeals. | ||
| (d) The officials making appointments to the commission | ||
| under Subsection (c) of this section shall ensure that the | ||
| membership of the commission includes representatives of all areas | ||
| of the criminal justice system, including prosecutors, defense | ||
| attorneys, judges, legal scholars, and relevant business | ||
| interests. | ||
| (e) The governor shall designate one member of the | ||
| commission to serve as the presiding officer of the commission. | ||
| (f) A member of the commission is not entitled to | ||
| compensation or reimbursement of expenses. | ||
| (g) The commission shall meet at the call of the presiding | ||
| officer. | ||
| (h) Not later than November 1, 2014, the commission shall | ||
| report the commission's findings and recommendations to the | ||
| governor, the lieutenant governor, the speaker of the house of | ||
| representatives, the Supreme Court of Texas, the Texas Court of | ||
| Criminal Appeals, and the standing committees of the house of | ||
| representatives and the senate with primary jurisdiction over | ||
| criminal justice. The commission shall include in its | ||
| recommendations any specific statutes that the commission | ||
| recommends revising or repealing. | ||
| SECTION 2. APPOINTMENT OF MEMBERS. Not later than the 60th | ||
| day after the effective date of this Act, the governor, the | ||
| lieutenant governor, the speaker of the house of representatives, | ||
| the chief justice of the Supreme Court of Texas, and the presiding | ||
| judge of the Texas Court of Criminal Appeals shall appoint the | ||
| members of the commission created under this Act. | ||
| SECTION 3. ABOLITION OF COMMISSION. The commission is | ||
| abolished and this Act expires December 31, 2014. | ||
| SECTION 4. EFFECTIVE DATE. This Act takes effect | ||
| immediately if it receives a vote of two-thirds of all the members | ||
| elected to each house, as provided by Section 39, Article III, Texas | ||
| Constitution. If this Act does not receive the vote necessary for | ||
| immediate effect, this Act takes effect September 1, 2013. | ||
