Texas Board of Pardons and Paroles

The Texas Board of Pardons and Paroles is a state agency that makes parole decisions for inmates in Texas prisons and recommends clemency decisions to the Texas governor.

The board works closely with the Texas Department of Criminal Justice, which detains convicted felons and supervises offenders on parole.

Parole Decisions

Parole is a discretionary release from prison. Most prisoners in Texas become eligible for parole before their sentence ends. The Texas Board of Pardons and Paroles (BPP) considers tens of thousands of parole cases each year as prisoners become eligible for parole. The board determines which prisoners are to be released and under what conditions.

The agency’s vision statement calls for it to “render just determination in regard to parole release and revocations, thereby maximizing the restoration of human potential while restraining the growth of prison and jail populations.”

The BPP uses three-member parole voting panels for most cases, with exceptions based on violent crimes identified by statute that require a two-thirds majority of the board to grant parole. Three-member panels typically are composed of one board member and two parole commissioners.

When an offender becomes parole eligible, a review of the offender’s file begins. An institutional parole officer interviews the offender and prepares a case summary for the voting panel. The file and case summary are then sent to the panel voters.

At the request of any victim as defined by statute, the lead voter must interview the victim. Interview requests from the offender, other supporters or protesters are at the discretion of the lead voter.

After the lead voter enters a decision, the file goes to the second voter. If the first two voters agree, the case is decided. If the two disagree, the case goes to the third panel member whose vote decides the case.

Additionally, the panel may require that prisoners complete specific treatment or rehabilitation programs prior to release, and they may set special conditions for prisoners on parole.

Parole Revocations

The BPP can revoke parole or alter parole conditions if a parolee violates the conditions of their parole. In deciding whether to revoke parole, the Board uses a graduated sanctions approach. Depending on the seriousness of the violation, the Board may continue parole, impose additional conditions, place the offender in an Intermediate Sanction Facility, or use other alternatives to revoking parole and sending the offender back to prison.

In the event a parolee is alleged to have violated one or more of the conditions of release, prior to the Board revoking his or her parole, the parolee must be afforded an opportunity of a hearing to determine if sufficient evidence exists to show that one or more violations have occurred.

Denial of Parole

If an offender is denied parole, the Board is required to set a future date for parole reconsideration. This date must be set as soon as practical after the first anniversary of the denial date, except for offenders convicted of certain more serious crimes. For those convicted of violent offenses, the Board may not review the case for up to five years, and for those serving a life sentence, the date may be set up to ten years from the denial date.

Clemency Decisions

As the name suggests, the Texas Board of Pardons and Paroles handles not only paroles but also requests for pardons and other types of clemency. 

Clemency may include full pardons after conviction, conditional pardons, commutations (reduction of a prison sentence), emergency medical reprieves, and family medical reprieves.

Unlike the U.S. president and the governors of some other states, the Texas governor cannot pardon prisoners without a recommendation from the Board of Pardons and Paroles, though he may grant a one-time 30-day reprieve of execution without a recommendation
from the Board.

This restriction stems from a constitutional amendment passed in 1935 in response toaccusations that Governors James Ferguson (1915-1917) and Miriam Ferguson (1925-1927, 1933-1935) accepted bribes in exchange for pardons. Miriam Ferguson pardoned an average of 100 convicts a month. 

Though the governor’s clemency power is limited to cases recommended by the board, he is also free to reject a recommendation of the BPP.

In FY 2020, the Board recommended that the Governor grant 53 noncapital clemency requests out of 110 applications considered, or 48% of the applications considered (see table below). In capital cases, in FY 2020, the Board conducted five interviews, considered eight applications, did not recommended clemency for seven of the applications considered, and recommended a reprieve for one of the applications.

Organizational Structure

The BPP is governed by a board consisting of a chairman and six board members appointed by the governor with the advice and consent of the senate.

Each board member serves a six-year term and is assigned to a different area of the state. A board office supports each member within their designated area. The board offices are in Austin, Amarillo, Angleton, Gatesville, Huntsville, Palestine, and San Antonio. 

The seven board members are each assisted by two Parole Commissioners whose duties include:

• determining which inmates are to be released on parole or mandatory supervision;
• determining conditions of parole;
• modifying and withdrawing conditions of parole and mandatory supervision;
• determining whether to revoke the parole of violators;
• conducting inmate interviews;
• conducting victim interviews;
• conducting interviews with other interested parties, such as family members or attorneys.

Generally, parole review cases are assigned to offices based on the location of the prisoner concerned. Additionally, the board and commissioners are assisted by a General Counsel’s Office and other support staff.

Budget and Finances

The Texas Board of Pardons and Paroles operates with a budget of about $30 million per year.

Address and Contact

• Main Office: 8610 Shoal Creek Blvd., Austin, Texas 78757
• Mailing Address:  PO Box 13401, Austin, Texas 78711-3401
• https://www.tdcj.texas.gov/
• Email: bpp_pio@tdcj.texas.gov