HBA-ATS S.B. 352 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 352 By: Brown Corrections 4/23/1999 Engrossed BACKGROUND AND PURPOSE The Texas Board of Pardons and Paroles (board) was created in 1936 to make recommendations to the governor regarding pardons and paroles. In 1983, the voters passed a constitutional amendment that removed the governor from the parole process, but kept the governor's authority to grant pardons upon the board's recommendation. The board determines which offenders are to be released on parole and sets the conditions of parole and mandatory supervision. It also makes decisions to revoke parole and send a person back to prison to serve the remainder of a sentence if the person violates the terms of release. In addition, the board makes clemency recommendations to the governor. The board's statute requires it to be reviewed by the Sunset Commission in conjunction with the Sunset Review of the Texas Department of Criminal Justice. As a constitutional agency, however, the board is not subject to abolishment under the Sunset Act. As a result of its review of the board, the Sunset Advisory Commission recommended several statutory modifications that are contained in this legislation. S.B. 352 makes statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill update standard provisions developed by the Sunset Commission including conflicts of interests, board member training, equal employment opportunity analysis, and makes other changes recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 508.031(b), Government Code, to update the standard Sunset language requiring board appointments to be made without bias by changing "handicap" to "disability." SECTION 2. Amends Section 508.033, Government Code, to update the standard Sunset language prohibiting conflicts of interest by board members and agency employees by applying it to exempt employees instead of employees identified in the old position classification salary schedule. Clarifies the meaning of "Texas trade association." Redesignates existing Subsection (f) to Subsection (e) SECTION 3. Amends Section 508.034(a), Government Code, to update the standard Sunset language specifying the grounds for removing board members to clarify when they meet the qualifications to take office. Redesignates Subdivisions (4)-(5) to Subdivisions (3)-(4). SECTION 4. Amends Sections 508.0362(a) and (c), Government Code, to update the standard Sunset language on board member training to clarify that board members must receive training before assuming official duties. SECTION 5. Amends Section 508.040, Government Code, to update the standard Sunset language on Equal Employment Opportunity analysis to clarify the content of these analyses. SECTION 6. Amends Section 508.042(b), Government Code, to update the standard Sunset language on board member training to clarify that board members must receive training before assuming official duties. SECTION 7. Preserves amendments to old statutes enacted in the same session as a code revision. Provides that this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions and corrections in enacted codes. SECTION 8.Effective date: September 1, 1999. SECTION 9.Emergency clause.