HB 773

relating to the authority of a court to grant a commutation of
punishment to certain individuals serving a term of imprisonment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Title 1, Code of Criminal Procedure, is amended
by adding Chapter 53 to read as follows:
CHAPTER 53.  JUDICIAL COMMUTATION
Art. 53.001.  APPLICABILITY.  (a) Except as provided by
Subsection (b), this chapter applies only to an inmate confined in
the Texas Department of Criminal Justice who:
(1)  is 50 years of age or older and has served at least
15 years of a term of imprisonment for a felony; or
(2)  is 35 years of age or older but younger than 50
years of age and has served at least 20 years of a term of
(b)  This chapter does not apply to an inmate who is:
(1)  serving a sentence for a capital felony, other
than a life sentence under Section 12.31(a)(1), Penal Code; or
(2)  serving a sentence for an offense under Section
Art. 53.002.  MOTION TO ADJUST SENTENCE.
(a)  Notwithstanding any other law, on motion of the attorney
representing the state a court may grant a commutation of
punishment for an inmate in accordance with this chapter.
(b)  A motion under this chapter must be filed by the
attorney representing the state for the jurisdiction in which the
inmate was convicted.  The motion may be filed in any district court
in the county in which the inmate was convicted.
(c)  A motion filed under this article must include:
(1)  the cause number for the inmate's case;
(2)  the name of the sentencing judge and date of
(3)  the name of the agency responsible for the
(4)  a declaration of the reasons the attorney
representing the state believes the inmate is entitled to relief,
including any reason the attorney believes the inmate, if released,
would be able to safely return to the community, such as:
(A)  the inmate's age at the time of the offense;
(B)  any mitigating factors from the time of the
(C)  any completed courses, treatment, or
(D)  any record of good behavior while imprisoned;
(E)  any evidence of maturity or rehabilitation;
(F)  any other recommendations regarding the
inmate's suitability for release under this chapter.
(d)  A motion filed under this article may include
affidavits, documents, or other written material supporting the
(e)  Once filed, the presiding judge of the administrative
judicial region shall assign the motion to a judge of a court in the
county that has jurisdiction over the category of offense of which
the inmate was convicted.  The motion may not be assigned to the
Art. 53.003.  APPOINTMENT OF COUNSEL.  (a)  Not later than
the 15th day after the date a motion is filed under Article 53.002,
the court shall appoint counsel for the inmate unless the inmate has
previously retained counsel for that purpose.  Counsel shall
represent the inmate for all proceedings under this chapter,
including any appeal, unless the inmate expressly waives the right
to counsel after being fully advised by the court of the inmate's
(b)  Not later than the 15th day after appointment, the
inmate's counsel may file a motion for an extension of time to
prepare a supplement to the motion filed under Article 53.002.  The
court shall grant the motion for an extension of time unless the
court finds that there is good cause not to grant the motion.
Art. 53.004.  HEARING.  (a)  A court may grant a motion filed
under this chapter without holding a hearing but may not deny a
motion without a hearing unless the inmate:
(1)  is not eligible under Article 53.001; or
(2)  has 12 months or less remaining before the inmate:
(A)  discharges the inmate's sentence; or
(B)  becomes eligible for release to mandatory
supervision under Section 508.147, Government Code.
(b)  Subject to any extension granted under Article
53.003(b), any hearing required under this article must be held not
later than the 90th day after the date the motion is filed.
(c)  At a hearing under this article, the court shall allow
the parties to present additional evidence, including hearsay
Art. 53.005.  DECISION.  (a)  A court shall grant a motion
filed under this chapter unless the court finds by clear and
convincing evidence that the inmate's release would result in an
unreasonable risk to the physical safety of the community.  The
court shall either state in open court or file in writing the
court's reasons for granting or denying the motion.
(b)  The court shall issue the court's decision not later
than the 30th day after the date of the hearing, or, if no hearing is
held, not later than the 60th day after the date of filing the
motion, subject to any extension granted under Article 53.003(b).
(c)  An inmate who is 50 years of age or older is presumed to
be suitable for release under this chapter. This presumption may be
rebutted by clear and convincing evidence that the inmate poses an
unreasonable risk to the physical safety of the community. The
presumption may not be rebutted solely by facts related to the
offense for which the inmate was convicted.
(d)  In determining whether to grant the motion, the court
(1)  the inmate's age at the time of the offense and the
diminished culpability of people under 26 years of age, as compared
to that of older adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate risks
(2)  the inmate's current age and relevant data
regarding the decline in criminality as people age;
(3)  any argument or evidence presented by the parties;
(4)  any report and recommendation of the Texas
Department of Criminal Justice or the Board of Pardons and Paroles,
including information on the inmate's behavior while imprisoned,
specifically focusing on the five-year period preceding the date of
(5)  whether the inmate has demonstrated maturity,
rehabilitation, and fitness to reenter society sufficient to
(6)  any report from a physical, mental, or psychiatric
examination of the inmate conducted by a licensed health care
(7)  mitigating evidence such as the family and
community circumstances of the inmate at the time of the offense,
including any history of abuse, trauma, or involvement in the child
(8)  the role of the inmate in the offense and whether,
and to what extent, the inmate was influenced or encouraged by
(9)  the nature and circumstances of the offense and
whether the sentence imposed was disproportionate to the offense
(10)  whether the sentence was disproportionate to the
sentence the inmate would have received had the inmate been
sentenced under the laws in effect on the date the motion was filed;
(11)  whether there is evidence of racial disparities
in the length of sentence imposed for similar conduct;
(12)  any available victim impact statement; and
(13)  any other information the court considers
(e)  In considering an inmate's behavior under Subsection
(d)(4), the court may consider whether the inmate has completed any
educational, vocational, or other programs that were available to
the inmate while confined, including any substance abuse or mental
(f)  If the court grants the motion, the court shall reduce
(1)  to time served and order the inmate's immediate
(2)  as necessary to provide that the inmate is
confined only as long as is necessary for the Texas Department of
Criminal Justice to provide for a sufficient transition and release
(g)  Notwithstanding any other law, the court may, in
granting relief under this chapter, reduce an inmate's sentence to
a term that is less than the statutory minimum for the offense that
existed at the time of the offense.
(h)  The court may not increase a sentence under this
Art. 53.006.  APPEAL.  (a)  Except as provided by this
article, the Texas Rules of Appellate Procedure apply to all
hearings and orders under this chapter.
(b)  Unless a court denies a motion filed under this chapter
on the sole grounds that the inmate is not eligible under Article
53.001, the inmate may appeal the denial.
(c)  The appeal must be filed not later than the 30th day
after the date of the court's denial.  The inmate must provide
notice of the appeal to the attorney representing the state.
(d)  An  appellate court, in reviewing a court's decision to
deny a motion under this chapter, shall accept the court's findings
of fact while reviewing the legal judgment de novo unless the
findings are clearly erroneous.
Art. 53.007.  SUBSEQUENT MOTIONS.  (a)  An attorney
representing the state may file subsequent motions regarding an
inmate under this chapter on or after the fifth anniversary of the
date on which the previous motion was denied. An appeal by an inmate
does not affect the timeline for filing a subsequent motion.
(b)  An attorney representing the state may file an unlimited
number of motions under this chapter.
Art. 53.008.  DATA COLLECTION.  (a)  Each court shall
maintain the following information, disaggregated by age, race, and
(1)  the total number of inmates for whom motions were
(2)  the total number of motions the court granted;
(3)  the total number of motions the court denied; and
(4)  the total number of pending motions.
(b)  Each facility operated by or under contract with the
Texas Department of Criminal Justice shall maintain information on
the total number of inmates who meet the eligibility requirements
(c)  Not later than February 1 of each year, each court and
the Texas Department of Criminal Justice shall submit the
information maintained under this article for the preceding
calendar year to the Office of Court Administration of the Texas
(d)  Not later than March 1 of each year, the Office of Court
Administration of the Texas Judicial System shall analyze the
information submitted under Subsection (c) and submit a report
containing the results of the analysis to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the legislature with primary
jurisdiction over criminal justice matters.
SECTION 2.  This Act takes effect January 1, 2026, but only
if the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, authorizing the legislature to enact laws
providing for a court to grant a commutation of punishment to
certain individuals serving a term of imprisonment is approved by
the voters. If that amendment is not approved by the voters, this