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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),
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| 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
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| 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
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| 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
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| 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
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| 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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