Homrable C. H. Cavness State Auditor Awtlnfl,Texas
Dear Mr. Cavcess: opinion NO. o-7256
Ret Effectivenessci mnstftw- tiona1amerdment04 Seo.tkJci Up Artfeh pv a&op%d B'ovember3, 1936;presez: effeat of Artisle &O3p as o,therquestions re pamLe laws.
5badl.yrefer to your Opinionlo. O-7141,rePeased ta me under date of May 9th, 1946. Before condud~ our presentaudit and surveyof the Board of Pardms ad Paroles it seems necessarythat we wk a few more ques- 'tkm, becauseof tie uncertaintyexistingin our minds a8 to just what is the law on severalpoints. Accordingly me shail greatlyappreciateyour op&iim on t&e foUwti]Ug:
*1. Has the Constitutiona1Amendnm.t &io+d November3ra, 1936 (proposedin S. J. R. 26 of the 44th xegislatuse)wer been put Inix full k3gaP affectA If not fLal$7# iden to what extent if any?
"2. Is Art. 6203 R. C. S., (as now de9ineatd in Vernon'sAmotated Civil Statutas)still valid and existinglaw of our State, regard- less of the answer to QuestionHo. labove? If any Sectionsor parts of this Article have been repealedor mended, please say wh%ch and tell us what is the law fm place of auy that have been repealedor emended.
*3. IT seation 6 of Art. 6~03 is in effectas .
HonorableC. H. Cavness,Page 2 (O-7256)
It now reads,by what provisionof the law oould the Board of Pardonaand Parolee reoammendreleaseon parole for any person who had not servedas muoh as one-thirdof his term? If thie eeme Section 6 is in effect,by what legal provlsiancould this Board reocznmendreleaseon parole for any personwho hea ever before 'beenimprisoned in a State Penitentiaryin this or any other state or nation'?
*4. If Section 18 of Art. 6203 is in effect, does it mean that the Board of Pardonsand Parolescould not recamaendfor releaseon parole any prisonerunder sentencein ex- 0888 of twenty-fiveyears until after said prisonerhad servednineteencalendaryears?
"9. In the event a prisoneron parole Pe chargedwith a new offenseand Is held ti a oountyor city jail (ad ie consideredby the Prison authoritiesand/or the Board of Pardonsana Paroles to have violatedthe terma or requirementaof his parole),who hae priorityover hia custody -- the county or oity peace officersor the Prism author- itiea?
"6. What ie the legal status,if any, of the County VoluntaryParoleBoards,and what are the legal funotionsand duties of their membera?"
Section 11 of ArticleIB of the Constitutionof 1.676reads, regardingthe Governor'spowere:
"In all criminaloases,except treasonand impeaoh- merit., he shall have power after oonviotlon,to grant reprievee,oarrmutations of punishmentand pardonsiend under such rules aa the Legislaturemay presorlbe,he ehall have power to r@alt fines and forfeitures. With the advioeand oonaentof the Senate,he may grant pardons in oe.eeeof treason;and to tile end he may respitea sentencetherefor,tmtil the close of the succeedingsessionof the Legislature;provided,that in all caeee of remiaslonsof fines end forfeitures,or grantsof reprieve,ocmmutationof puniebmentor pardon, HonorableC. H. Cavnesa,Page 3 (0-7256)
he ehall file in the office of the Seoretaryof State his reasons therefor."
By amendmentadoptedat the generaleleotionheld Hovmaber3p 1936, Seotion ll was changedto read a8 followa:
"There ie hereby createda Board of Pardon6 and Parolee,to be o-posed of threembere, who qhall have been residentoitieensof the State of Texas for a period