EXECUTIVE ORDER
D. B. 31
December 22, 1976
WHEREAS" Sec. 11 of Art. IV, Constitution of the State of Texas,
provides that the Governor shall have the power to revoke paroles and
conditional pardons and that the Legislature shall have authority to
enact parole laws; and
WHEREAS, Sec. 22 of Art. 42.12, Texas Code of Criminal Procedure,
ptovides that the Texas Board of Pardons and Paroles shall conduct a
hearing to determine if a paroled prisoner has violated a condition
of his parole and may recommend to the Governor that the parole be
continued, or revoked, or modified in any manner the evidence may warrant; and
WHEREAS, the revocation of a conditional pardon may result in such
a grievous loss to the person affected that such person may be entitled
to a minimal due process hearing under the ruling set forth in Morrissey
y. Brewer, 408 U.S. 471
(1972):
NOW, THEREFORE, I, .Dolph Briscoe, Governor of the State of Texas,
by virtue of the power vested in me, do hereby designate the Texas
Board of Pardons and Paroles as the agency to investigate and conduct
hearings into allegations of a violation of a conditional pardon and
to make recommendations to me regarding its findings in order' that I
may carry out my constitutional duties.
This Executive Order No. D.B. 31 is effective on this 22nd day
of December, A. D. 1976, and shall remain in effect until amended,
Attest:
~~
Mark White, Secretary of State
Filed in the office of
Secretary of Statf'
DEC 23 1976
BY~.;J~
Director Adm. Div.
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