Bill Text: TX HR2009 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Suspending limitations on conference committee jurisdiction, H.J.R. No. 4.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-30 - 3 hr. notice-for consideration [HR2009 Detail]
Download: Texas-2021-HR2009-Introduced.html
| 87R30406 ADM-D | ||
| By: Kacal | H.R. No. 2009 | |
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| BE IT RESOLVED by the House of Representatives of the State of | ||
| Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, | ||
| Section 9(a), be suspended in part as provided by House Rule 13, | ||
| Section 9(f), to enable the conference committee appointed to | ||
| resolve the differences on House Joint Resolution 4 (requiring a | ||
| judge or magistrate to impose the least restrictive conditions of | ||
| bail that may be necessary and authorizing the denial of bail under | ||
| some circumstances to a person accused of a violent or sexual | ||
| offense or of continuous trafficking of persons) to consider and | ||
| take action on the following matter: | ||
| House Rule 13, Sections 9(a)(1) and (4), are suspended to | ||
| permit the committee to change, alter, or amend text which is not in | ||
| disagreement and to add text on a matter which is not included in | ||
| either the house or senate version of the joint resolution in | ||
| proposed SECTION 2 of the joint resolution, by amending proposed | ||
| Sections 11d(a) and (c), Article I, Texas Constitution, to read as | ||
| follows: | ||
| (a) A person accused of committing a sexual offense | ||
| punishable as a felony of the first degree, of committing a violent | ||
| offense, or of committing continuous trafficking of persons may be | ||
| denied bail pending trial if a judge or magistrate determines by | ||
| clear and convincing evidence after a hearing that requiring bail | ||
| and conditions of release is insufficient to reasonably ensure: | ||
| (1) the person's appearance in court as required; or | ||
| (2) the safety of the community, law enforcement, or | ||
| the victim of the alleged offense. | ||
| (c) This section may not be construed to: | ||
| (1) limit any right a person has under other law to | ||
| contest a denial of bail or to contest the amount of bail set by a | ||
| judge or magistrate; or | ||
| (2) require any testimonial evidence before a judge or | ||
| magistrate makes a bail decision with respect to a person to whom | ||
| this section applies. | ||
| Explanation: This change is necessary to clarify which | ||
| persons may be denied bail pending trial and the procedural | ||
| requirements imposed on a judge or magistrate before making certain | ||
| bail decisions. | ||
