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Home > Legislation > Legislative Details

Death Penalty Legislation by State
Texas
Last Modified: 4/1/2002

Death Penalty: YES
Prohibit Execution of the Mentally Retarded: NO
Life Without Parole: NO
Minimum Age to Eligible for the Death Penalty: 17 (23 juveniles on death row)
Number on Death Row: 455
Executions Since 1976: 256
Race of Defendants: 191 black (42%), 152 white (33%), 107 Hispanic (24%), 5 Asian (1%)
Race of Victims: unknown
Racial Ethnic Demographics: 52% white, 32% Hispanic, 12% black, 3% Asian, .6% American Indian
Innocents Exonerated: YES (7) NameYears ServedYear Released Vernon McManus101987 Randall Dale Adams121989 Clarence Brandley91990 John C. Skelton71990 Federico M. Macias91993 Muneer Deeb81993 Ricardo Aldape Guerra151997
Liebman/Columbia Study Rate of Error: 52%
Murder Rate: 6.8 per 100,000 (ranked 18th out of 51)
Governor: Rick Perry, (R),
State House: 78 D’s – 72 R’s
State Senate: 16 R’s – 15 D’s
US House: Member Area Co-Sponsored :
Innocence Protection National Moratorium
Act? Act?
Max Sandlin (D) Marshall YES NO
Jim Turner (D) Crockett NO NO
Sam Johnson (R) Plano NO NO
Ralph M. Hall (D) Rockwall NO NO
Pete Sessions (R) Dallas NO NO
Joe Barton (R) Ennis NO NO
John Abney Culberson (R) Houston NO NO
Kevin Brady (R) The Woodlands NO NO
Nick Lampson (D) Beaumont YES NO
Lloyd Doggett (D) Austin YES NO
Chet Edwards (D) Waco NO NO
Kay Granger (R) Fort Worth NO NO
Mac Thornberry (R) Clarendon NO NO
Ron Paul (R) Surfside NO NO
Ruben Hinojosa (D) Mercedes YES NO
Silvestre Reyes (D) El Paso YES NO
Charles W. Stenholm (D) Abilene NO NO
Sheila Jackson-Lee (D) Houston YES YES
Larry Combest (R) Lubbock NO NO
Charles A. Gonzalez (D) San Antonio YES NO
Lamar S. Smith (R) San Antonio NO NO
Tom DeLay (R) Sugar Land NO NO
Henry Bonilla (R) San Antonio NO NO
Martin Frost (D) Dallas NO NO
Ken Bentsen (D) Houston NO NO
Richard K. Armey (R) Lewisville NO NO
Solomon P. Ortiz (D) Corpus Christi NO NO
Ciro D. Rodriguez (D) San Antonio YES YES
Gene Green (D) Houston NO NO
Eddie Bernice Johnson (D) Dallas YES NO
US Senate: Phil Gramm (R) and Kay Bailey Hutchison (R). Neither cosponsored the Innocence Protection Act or the National Moratorium Act.
Presidential Vote: 59% Bush, 38% Gore, 2% Nader
Public Opinion on the Death Penalty: see attached
Death Penalty Legislation: SB7 and HB1745- Shortens the time period after arrest during which a defendant must
either appear before a magistrate or be released on bond. Relates to the appointment and compensation of counsel to represent indigent defendants- enacted (effective 1/1/02)
HB1860 and HB2048- Prohibits the execution of anyone under the age of eighteen at the
time of the crime for which he or she was convicted- both bills died in Senate Criminal Justice Committee
HB1416- Requires prosecutors to inform the jury that, even if the defendant is a threat to
public safety, he or she will spend a minimum of forty years in prison- died in committee
SB85 and HB30 and HB365 and HB632- Provides for a sentence of life imprisonment
without parole in addition to the death penalty- SB85 died in House; HB30 and HB632 died in committee; HB365 was substituted for SB85
SB133- Prohibits the state from introducing evidence that the defendant’s race or
ethnicity makes it likely that they will commit a crime in the future- enacted (effective 9/1/01)
SB3 and HB157 and HB312 and HB366 and HB864 and SB119- Establishes procedures
for the preservation of DNA evidence and post-conviction DNA testing- SB3 enacted, all others died in committee
SJR25 and HJR59 and HB720- Proposes a constitutional amendment to place a
moratorium on executions- all bills died in committee
HB260- Provides the governor with the sole power to commute punishment in capital
cases- died in committee

HJR21- Proposes a constitutional amendment to provide the governor with the sole
power to commute punishment in capital cases- died in committee
HB347- Provides funds under the Crime Victims’ Compensation Act for a victim to
witness the execution of their attacker- died in committee
Special Legislation: NOTE: Gov. Perry appointed a 21-member task force, the Governor's Task Force on Homeland Security, to study the state's preparedness to respond to threats, aid coordination between agencies and develop recommendations for detecting, deterring, and responding to terrorism. The task force will also examine security measures along Texas coastlines. Gov. Perry named Texas Land Commissioner David Dewhurst to chair the task force.
Organizations Endorsing a Moratorium: City of Rollingwood
City of Hays
Aggie Democrats, Texas A&M University
Alliance for Democracy, Houston Chapter
American Civil Liberties Union (ACLU), Brazos County
American Civil Liberties Union (ACLU), Houston
American Civil Liberties Union (ACLU), San Antonio
Amnesty International, Group 23
Amnesty International, Group 205
Amnesty International, Group 500
Amnesty International, North Central Texas College
Amnesty International, Texas A&M University
Antigua
Austin American-Statesman
Bethune Woman's Club of Bryan
Bexar County Green Party
Blessed Sacrament Church
Bouldin Creek Coffeehouse
Brigidine Sisters, Congregation of St. Brigid
Call to Action San Antonio
Campaign to End the Death Penalty, Austin Chapter
Capital Area Progressive Democrats
Corpus Justice, Inc.
Dallas Morning News
Dallas Peace Center
Democratic Party, Brazos County
Democratic Party, Collin County
Democratic Party, Dallas County
Democratic Party, Harris County
Democratic Party, Jefferson County
Democratic Party, Williamson County
Democratic Party, Precinct 21
Democratic Party, Precinct 67
Democratic Party, Precinct 486
Democratic Party, Precinct 1045
Democratic Party, Precinct 2212
Democratic Party, Precinct 2334
Democratic Party, 2nd District Senatorial Convention
Democratic Party, 8th District Senatorial Convention
Democratic Party, 14th District Senatorial Convention
Democratic Party, 26th District Senatorial Convention
Democratic Party Convention, Travis County
Democratic Social, Texas A&M University
Divine Providence Church
Dominican Sisters of Houston
Eco Wise
El Pasoans Against the Death Penalty
Espada/Cabrini Catholic Church
Fellowship of Reconciliation (FOR), Houston
Fellowship of Reconciliation (FOR), San Antonio
First Unitarian Universalist Church of Houston
First Unitarian Universalist Church of Houston, Community Involvement Committee
First Unitarian Universalist Church of San Antonio
Friends Just Peace Institute
Gray Panthers of Austin
Gray Panthers of Houston
Green Party of Dallas County
Green Party of Harris County
Green Party of Texas
Guadalupe Catholic Church
Holy Family Services–Weslaco
Holy Rosary Church
Holy Spirit Catholic Church
Holy Spirit Parish
Holy Trinity Catholic Church
Hope of Citizens United for the Rehabilitation of Errants (CURE)
House the Homeless! Inc.
Houston Chronicle
Houston Non-Violent Action / War Resisters League
Houston Rabbinical Association
Humanists of Ft. Worth
Humanists of Houston
Industrial Workers of the World (IWW), Austin
Jesuit Volunteer Corp, South
John Wesley United Methodist Church, Women's Class
Lamp of Hope Project
Law Offices of Gary Taylor, Alexander Calhoun and Catherine Haenni
Marist Sisters
Maryknoll Fathers and Brothers
Mi Casa Gallery
Missionary Catechists of Divine Providence
Monastery of the Infant Jesus
Murder Victims Families for Reconciliation, Texas Chapter
National Association for the Advancement of Colored People (NAACP), Harrison County Branch
North Galveston County Democrats
The Open Window
Our Lady of Guadalupe Catholic Church, Fort Worth
Our Lady of Guadalupe Catholic Church, Helotes
Our Lady of the Lake Convent
Pax Christi Cypress
Pax Christi Dallas
Pax Christi Houston
Physicians for Social Responsibility, Houston
Ramirez Grant & Project Management
Religious Society of Friends, Live Oak Friends Meeting
Resurrection of the Lord Church
Resurrection of the Lord Church, Pastoral Council
Roman Catholic Diocese of El Paso
Roman Catholic Diocese of San Antonio
Rue's Antiques, Inc.
Sad Loud America
Sam Houston State University Student Government Association
San Antonio Citizens Against the Death Penalty
San Juan de Los Lagos Church
Schonemann, Rountree & Owen, LLP
School Sisters of Notre Dame, Dallas Province
School Sisters of Notre Dame, Dallas Province, Provincial Council
Sisters of Charity of the Incarnate World, Houston
Sisters of Charity of the Incarnate World, San Antonio
Sisters of Divine Providence
Sisters of Saint Mary of Namur, Western Province
Sisters of St. Joseph of Lyon
Sisters of the Holy Family of Nazareth
Sisters of the Holy Spirit and Mary Immaculate, Inc.
Sisters of the Incarnate Word, Corpus Christi
Socialist Party of Texas
Society of Our Lady of the Most Holy Trinity
Society of St. Teresa of Jesus
St. Alphonsus Church, San Antonio
St. Anthony Catholic Church
St. Bonaventine Catholic Community
St. Brigid Catholic Church
St. Francis Mission Sisters
St. Francis of Assisi Catholic Church
St. Helena Church
St. Joan of Arc Church
St. John Berchmaus Church
St. Joseph Church
St. Jude Church
St. Leonard Catholic Church
St. Martin de Porres Church
St. Mary's Catholic Center
St. Theresa Catholic Church
St. Thomas Aquinas Catholic Church
St. Vincent de Paul St. Patrick's Church
Star-Telegram
Students for Peace, Texas A&M University
Students to Free Tibet, Texas A&M University
Texas Alliance for Human Needs
Texas Baptist Christian Life Commission
Texas Catholic Conference of Bishops
The Texas Civil Rights Project
Texas Coalition for Peace and Freedom
Texas Coalition to Abolish the Death Penalty
Texas Conference of Churches
Texas Criminal Defense Lawyers Association
Texas Death Penalty Abolition Movement
Texas Democratic Women of the Brazos Valley
Texas Democrats For a Moratorium on Executions
Texas Impact
Texas Inmates Families Association, El Paso Chapter
Texas Moratorium Now Campaign
Tinhorn Traders
Trinity United Methodist Church
Unitarian Universalists Against the Death Penalty, Austin
Unitarian Universalists Against the Death Penalty, Beaumont
United Methodist Church, Central Texas Conference
United Methodist Church, North Texas Annual Conference
Western Urban Deanery, Archdiocese of San Antonio
Women's International League for Peace and Freedom (WILPF), Houston Chapter
Catholic Involvement: Dioceses of Galveston/Houston, San Antonio, and El Paso have actively supported moratorium legislation. Bishop Michael D. Pfeifer of San Angelo is President of the Texas Conference of Churches, which actively opposes capital punishment.
Organizations Working FOR a Moratorium: There are a number of good, well organized groups in Texas working on death penalty and other criminal justice issues, including: StandDown (a moratorium group headed by Steve Hall, long time Texas political activist); Texas Defender Service (TDS) (led by Jim Marcus; the group is losing Maurie Levin but may pick up Sen. Ellis staffer Hannah Liebman): ProTex (led by Eva Owens, who is committed to making ProTex more of a force in criminal justice reform in Texas); Will Harrell and the ACLU Texas; the Catholic Diocese (headed by Richard Daley); Texas Impact (a faith-based coalition headed by Bee Morehead); Campaign to End the Death Penalty (with Michael Debrauw); The Texas Moratorium Network; Texas Coalition Against the Death Penalty (TCAD) (with Annette Spanhel); the Austin chapter of the NAACP; Texas Criminal Defense Lawyers Association; Bill Beardall from the Equal Justice Center; and others. Keith Hampton, a lobbyist who works on criminal justice reform issues (including the death penalty) has also be very involved. State Senator Rodney Ellis made criminal justice reform, and the death penalty, key parts of his agenda in the 2001 session. Sen. Ellis supports the death penalty, but is a vocal and powerful reformer. In the House, Texas was aided by Rep Hinjosa.


Standdown Texas
512-441-3195
www.standdown.org


ACLU of Texas
P.O. Box 3629
Austin, TX 78764-3629
Jay Jacobson-contact
512-441-0077--(day)
512-441-3195--(fax)
info@aclutx.org
www.aclutx.org

Amnesty International State Death Penalty Abolition Coordinator
Rick Halperin-contact
214-768-3284-(phone)
rhalperi@mail.smu.edu

Campaign to End the Death Penalty
Austin Chapter
Lily Hughes-contact
512-494-0667-(phone)
lilymae30@hotmail.com

Texas Impact!*
P.O. Box 214463
Dallas, TX 75221

The Prison Show*
KPFT Radio, 90.1 FM
419 Lovett Blvd.
Houston, TX 77006
Ray Hill/Marta Glass-contacts
713-942-8146-(fax)
mglass15@juno.com

Texas Coalition to Abolish the
Death Penalty
3400 Montrose Blvd.
Suite 312
Houston, TX 77006
David Atwood-contact
713-520-0300--(day)
713-529-3826--(eve)
713-942-8146--(fax)
dpatwood@igc.apc.org
www.tcadp.org

Texas Defender Service
412 Main St. Suite 1150
Houston, TX 77002
Jim Marcus-contact
713-222-7788--(day)
713-222-0260--(fax)
jmarcus@compassnet.com
www.texasdefender.org

Organizations Working AGAINST a Moratorium: Governor Perry, Justice for ALL (Victim’s Rights Group), a good portion of the legislature.
Clemency: The Governor has the authority on the advice of the Board of Pardons and Paroles. The Governor needs a favorable recommendation from the board in order to be able to grant clemency. The governor is not obligated to follow the recommendation of the Board. The Governor also has the power to grant a thirty day reprieve
Who Decides Sentence: Jury
Method of Execution: Lethal injection
Additional Comments:

: By accounts from those within the state and from both Democratic and Republican legislators, Texas office holders do not act as partisan as some state legislatures do. They have no “minority/majority” leaders or offices. On most pieces of legislation, the elected official operates under his/her conscience in conjunction with constituents’ attitudes. However, this year is different given the redistricting battle. Several democratic office holders could potentially lose office under the submitted plan. This fight is occurring along party lines, which could potentially be a rallying point on future legislation.

The loose coalition of organizations mentioned above coordinating press conferences; blast-faxing the state legislature; drafting and distributing sample letters to the editor, op-eds and letters to legislators; lobby training days; etc.

National press remains interested in Texas, clearly not as interested as when then-Governor Bush was running for President. However the past week has resulted in a focus on national and on-air radio coverage. Texas press tends to favor reform. Most newspapers endorsed major reforms, with many supporting moratorium. That press coverage is likely to continue. The one glitch is the AP reporter, who tends to cover death penalty stories in the state (we are working with TDS to solve that problem.)


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The Moratorium Campaign
P.O. Box 13727
New Orleans, LA 70185-3727
Tel: (504) 864 - 1071 Fax: (504) 864 - 1654
info@moratoriumcampaign.org

Copyright 2001 The Moratorium Campaign
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