The board will consider recommending to the governor a commutation of death sentence to a sentence of life imprisonment or the appropriate maximum penalty that can be imposed upon receipt of:

1. (1) a request from the majority of the trial officials of the court of conviction; or

2. (2) a written request of the convicted person or representative setting forth all grounds upon which the application is based, stating the full name of the convicted person, the county of conviction, and the execution date.

   1. (A) The written application in behalf of a convicted person seeking a board recommendation to the governor of commutation of the death sentence to a lesser penalty must be delivered to the Texas Board of Pardons and Paroles, Clemency Section, Austin, Texas, not later than the twenty-first calendar day before the day the execution is scheduled.

   2. (B) The board shall consider and decide applications for commutation of the death sentence to a lesser penalty. Upon review, a majority of the board, or a majority thereof, in written and signed form, may:

      1. (i) recommend to the governor the commutation of the death sentence to a lesser penalty;
      2. (ii) not recommend commutation of the death sentence to a lesser penalty; or
      3. (iii) set the matter for a hearing pursuant to §143.43 of this Chapter (relating to Procedure in Capital Reprieve Cases).

Source Note:The provisions of this §143.57 adopted to be effective January 1, 1976; amended to be effective May 11, 1999, 24 TexReg 3540.