of not leee than two yeare tiediately preoed- lug such appointment,eaoh of whom shallhold offiee for a term of sti yearejprovidedthat of the membere of the firet board appointed,one @hall 6erve for two yeara, 0110for four years and one for eiixyesrs frceu the firrrtday of February,1937, and they shalloaet lots for their respeotlvetenus. One member of eald Board shall be appointedby the Covernor,one member by the Chief Justiceof the SupremeCourt of the State of Texas,and one member by the presidingJustice of the Court of CriminalAppeals;the appoiniznents of all members of said Board shall be made with the advice an8 ooneentof two-thirdaof the Senate present. Eaoh vaoanoyshall be filledby the respectiveappointing power that theretoforemade the appolutientto au& positionand the appointivepowers shallhave the auth- ority to make reoeas appointrmentsuntil the conventi of the Senate.
"In all criminalca8eBp except treasonand im- peachment,the Covernorshallhave power,after con- viction,on the written signedrec~endatlon and advioe of the Board of Pardonsand Paroles,or a ma3orit.ythereof,to grant reprieve8and commutations of punishmentand pardone; and under such rules aa the Legislaturemay prescribe,and upon the writtenreoam- mendationand adviceof a majorityof the Board of Pardons and Parolee,he shallhave the power to remit fines and forfeitures. The Governorshall have the power to grant one reprievein any oapitaloaae for a periodnot to exoeed thirty (30) days; and he Bhallhave the power to revokeparolesand conditionalpardons. With the advice and cansentof the IsgisLature, he may grant reprieves, commutationsof punishmentand pardons in oaeee of treason.
"The Legislatureshall have power to regulate HonorableC. H. Cavnesa,Page 4 (O-7256)
procedurebefore the Board of Pardoneand Parolesand ehall requireit to keep record of lte aotione and the reasonatherefor,and shall have authorityto enact parole lawt3."
The amendnaentquotedabove beoame effectiveNovember209 1!336; under its own tenus,however, it did not become operativeuntil Bebruary Lp 193-t. It is now) and einoe ita operativedate haa been, the supreme9s~ of the State upon the snbjsctembracedtherein. Thk¶erthe amendmeadthe Lagb- lature is authorized"to enact parole laws",and in ceaes of treason,exe~'a;- tive clemencyis made dependentupon the advioeand consentof the Legislature. Additionally,the Legislatureis authorizedto preeorlberules gover&zg rxnroiie of the power to remit fines end forfeitures;it al.80may regulatepr+~&z:re'k:sfnre the Board of Pardonsand Paroles,end require it to keep a record of i,tsastio~ and the reasonatbarefor. These powers reservedto the Leglelaturec~bvioual~ dependupon affirmativeactionby that body to make ita will effectual;hi.&-,L,& amendmentis self-executing and independentof legislativeaction? !&az.,Par as omposition of the Board of Pardonsand Paroles is concerned,end.insofaras ,theclemencypowera of the Covernorand the Board are concerned,
Questions2, 3 & 4 Inclusive j for FC,;?:':~S Your seocnd,third and fourth queetionsare interrelated of treekent they will be consideredtogether.
Article 6203, RevisedStatutes,1925,was amendedby Chapterkj, Acts tit C. S. 41at Legislature;Section 6 of the amendedaot wan again emended by Chapter9> Acts 4th C. S. &let Legislature,and Sectione3 an,d 8 ~e"re eme~xied by Chapter 11, Acts 5th C. 5. kl.& Legislature.At the time of adoptionof tie 1936 amendmentto section119 ArtioleIV, supra, the act oarmprised tw~f:-sne sections,derivingfrom the enactmer,te cited. The act providedfor establlubme%t of a Board to be known aa the "Board of Pardonsand Paroles",compc~aed GET,tiree members appointedby the Governor,and prescribedthe duties of +he E?iard*