1. (a) Purpose. The purpose of this section is to specify those persons, 18 years of age or older, who are authorized to witness the scheduled execution of an offender who has been sentenced to death.

2. (b) Victim Witnesses. Five close relatives of the victim and a spiritual advisor may be victim witnesses. The total number of victim witnesses shall not exceed six, unless the provision under (b)(3) of this section applies, at which time the number of victim witnesses shall not exceed seven.

   1. (1) "Close relative of the victim" means the following persons in relation to the victim for whose death the offender has been scheduled for execution:

      1. (A) The spouse of the victim at the time of the victim's death;
      2. (B) A parent or stepparent of the victim;
      3. (C) An adult brother, sister, child or stepchild of the victim; adult is defined as anyone 18 years of age or older; or
      4. (D) An individual who had a close relationship with the victim or has a close relationship with a relative of the victim, with the recommendation of the Victim Services Division (VSD) director and the approval of the Correctional Institutions Division (CID) director.

   2. (2) If there are fewer than five close relatives of the victim, others may be permitted to attend the execution as follows:

      1. (A) Close relatives of a victim for whose death the offender has been convicted but not sentenced to death;
      2. (B) Close relatives of a victim for whose death the offender is unequivocally responsible, with the recommendation of the VSD director and approval of the CID director; and
      3. (C) Surviving victim of a crime for which the offender has been convicted and sentenced to death, with the recommendation of the VSD director and approval of the CID director.
   3. (3) If there are multiple victims involved relating to the offense for which the offender has been convicted and sentenced to death, the total number of witnesses shall be increased to seven.
   4. (4) The spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the victim's close relatives' religion.

3. (c) Offender Witnesses. Individuals that may be offender witnesses are as follows:

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

      1. (A) The condemned offender provides a list of witnesses and the name or type of spiritual advisor requested to attend the execution to the death row supervisor or warden's designee at least 14 days prior to the date of execution; and
      2. (B) The witnesses requested are on the offender's approved Visitors List and are 18 years of age or older.
   2. (2) If less than 14 days prior to the scheduled execution the condemned offender requests to change the names of previously submitted witnesses or requested spiritual advisor, the offender shall submit a request in writing to the CID director who shall approve or disapprove the changes.
   3. (3) The spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the condemned offender's elected religion.

4. (d) Other Witnesses. The only persons other than those listed in subsection (b) and (c) above who are authorized to witness an execution are:

   1. (1) Texas Department of Criminal Justice (TDCJ) staff or law enforcement staff as deemed necessary by the CID director;
   2. (2) Members of the Texas Board of Criminal Justice;
   3. (3) Inspector general or designee and the Office of the Inspector General assigned staff as deemed necessary by the inspector general;
   4. (4) TDCJ chaplains;
   5. (5) Walker County judge;
   6. (6) Walker County sheriff;

   7. (7) Media pool representatives consisting of:

      1. (A) One reporter from the Huntsville Item;
      2. (B) One reporter from the Associated Press;
      3. (C) Three additional print media or broadcast media representatives selected from a list of applicants maintained by the TDCJ Public Information Office; and
   8. (8) Any other person approved by the TDCJ CID director.
5. (e) Prohibition of Attendance. Any offender currently confined within the TDCJ is specifically denied authorization to witness the execution of an offender.

6. (f) Victim Notification.

   1. (1) The VSD shall maintain a list of scheduled executions and any subsequent updates regarding significant changes pertaining to the execution, such as dates or court rulings. The Executive Clemency Section of the Board of Pardons and Paroles will provide a list of scheduled executions to the VSD in an expedient manner.
   2. (2) The VSD is responsible for notifying the victim(s) or close relatives of the victim of the scheduled execution date, time, and location, upon request. It is the responsibility of the victim(s) or close relatives to notify the VSD of any subsequent address or telephone number changes and their intent to attend.
   3. (3) The relatives of the victim, and surviving victims, shall be identified and approved by the VSD.
   4. (4) It is the responsibility of the VSD to notify the CID director, no later than five days prior to the scheduled execution date, of the names and contact numbers for the victim's witnesses who plan to attend.
   5. (5) The VSD shall contact the relatives of the victim, and surviving victims, 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 offender witnesses and any victim witnesses; and
   2. (2) There is sound separation between the condemned offender and those in attendance, except arrangements shall be provided to allow those in attendance to hear the statements of the condemned offender.

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; amended to be effective June 16, 2008, 33 TexReg 4682; amended to be effective April 28, 2013, 38 TexReg 2511.