1. (a) The board will consider recommending to the governor a commutation of sentence upon a request accompanied by the written recommendation of a majority of the trial officials.
2. (b) If the convicted person has the recommendation of two of the trial officials and no written communication is received from third trial official, the board shall give the remaining trial official at least 10 days notice that such a clemency recommendation is being considered by the board (Texas Code of Criminal Procedure, Article 42.18, §8(i)).
3. (c) In cases tried prior to the tenure of the present office-holders, the recommendation of persons holding such offices at the time of the trial of the case may be used to bolster and support the recommendation of the present trial officials, if in compliance with the requirements of subsection (d) of this section.

4. (d) The requirements of a recommendation of trial officials for commutation of sentence must include the following:

   1. (1) a statement that the penalty now appears to be excessive;
   2. (2) a recommendation of a definite term now considered by the officials as just and proper; and
   3. (3) a statement of the reasons for the recommendation based upon facts directly related to the facts of the cases and in existence, but not available to, the court or jury at the time of the trial, or a statutory change in penalty for the crime which would appear to make the original penalty excessive.
5. (e) If the convicted person is not confined in the Texas Department of Corrections, a certified copy of the judgment and sentence must be furnished.

Source Note:The provisions of this §143.52 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective August 15, 1989, 14 TexReg 3812.