1. (a) Purpose. The purpose of this rule is to specify those persons authorized to witness the execution of an inmate sentenced to death.

2. (b) Definition. "Close relative of the deceased victim" means the following persons in relation to the victim for whose death an inmate is sentenced to death:

   1. (1) the spouse of the victim at the time of the victim's death;
   2. (2) a parent or stepparent of the deceased victim; or
   3. (3) an adult brother, sister, child, or stepchild of the deceased victim (adult is defined as anyone 18 years of age or older); or
   4. (4) another individual with a close relationship to the deceased victim, or to a close relative of the victim, upon the recommendation of the Victim Services Division (VSD) and approval of the Director of the Texas Department of Criminal Justice Institutional Division (TDCJ-ID).

3. (c) Witnesses. The only persons authorized to witness an execution are as follows:

   1. (1) departmental staff as deemed necessary by the Director of the TDCJ-ID;
   2. (2) members of the Texas Board of Criminal Justice;
   3. (3) chaplains of the Texas Department of Criminal Justice;
   4. (4) Walker County Judge;
   5. (5) Walker County Sheriff;

   6. (6) media pool representatives consisting of:

      1. (A) one reporter from the Huntsville Item;
      2. (B) one reporter from the United Press International and the Associated Press;
      3. (C) one additional print media representative and one broadcast representative selected from rotating lists of applicants maintained by the TDCJ-ID Public Information Office.
   7. (7) relatives or friends requested by the condemned inmate, not to exceed five in number, who are eligible under subsections (d)(1) and (d)(2) of this section, and one spiritual advisor requested by the condemned inmate who is eligible under subsection (d) of this section;
   8. (8) close relatives of the deceased victim not to exceed five in number; and

   9. (9) if there are fewer than five close relatives of the deceased victim:

      1. (A) additional close relatives of a victim for whose death the inmate has been convicted but for whose death the inmate is not sentenced to death; and
      2. (B) if there are still fewer than five persons, additional close relatives of a victim for whose death the inmate is unequivocally responsible, upon the recommendation of the Victim Services Division and approval of the Director of TDCJ-ID.

4. (d) Spiritual Advisor and Relatives or friends of the inmate.

   1. (1) Five relatives or friends and a spiritual advisor, if requested by the condemned inmate, are eligible to attend the execution of the condemned inmate if:

      1. (A) the condemned inmate provides a list of witnesses and the name or type of spiritual advisor he/she wishes to attend the execution to the Bureau of Classification at least 14 days prior to the date of execution; and
      2. (B) the witnesses and spiritual advisor requested by the inmate are on the inmate's approved "Visitor's List."
   2. (2) If less than 14 days prior to the scheduled execution, the condemned inmate wishes to change the names of his/her witnesses or spiritual advisor, the inmate shall submit a request in writing to the Director of TDCJ-ID who shall approve or disapprove the changes.
   3. (3) The spiritual advisor must be a bonafide pastor or comparable official (e.g., minister, priest, or rabbi) of the church of the condemned inmate's elected religion.
5. (e) Prohibition on attendance. Any inmate currently confined within the TDCJ is specifically denied authorization to witness the execution of an inmate sentenced to death.

6. (f) Victim Notification.

   1. (1) The TDCJ-ID Victim Services Liaison (VSL) shall be responsible for maintaining a list of scheduled executions.
   2. (2) The VSL/Emergency Action Center (EAC) shall provide a list of scheduled executions to the TDCJ (VSD). Subsequent updates regarding significant changes pertaining to the execution (e.g., dates, court rulings, etc.) shall also be provided to the TDCJ VSD by the VSL/EAC in an expedient manner.
   3. (3) The VSD is responsible for notifying the relatives of the victim of the scheduled execution date, time, and location, upon request. It is the responsibility of the relative to notify the TDCJ VSD of any subsequent address changes and their intent to attend.
   4. (4) The relative of the victim must be identified and approved by the VSD.
   5. (5) It is the responsibility of the VSD to notify the VSL, no later than five days prior to the scheduled execution date, of the names and contact numbers for those persons planning to attend.
   6. (6) The VSD shall contact the relative of the victim and provide information regarding the written procedures affecting their participation.

7. (g) Requirements for the execution chamber. The room provided for the execution shall be arranged so that:

   1. (1) there is sight and sound separation between any relative or friend of the condemned inmate and any close relative of a deceased victim; and
   2. (2) there is sound separation between the condemned inmate and those in attendance, except that arrangements shall be provided that allow those in attendance to hear the statements of the condemned inmate.

Source Note:The provisions of this §152.51 adopted to be effective February 2, 1996, 21 TexReg 602; amended to be effective April 5, 1998, 23 TexReg 3276.