SECTION 152.51. Authorized Witnesses to the Execution of an Inmate Sentenced to Death

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

(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 in paragraph 3 of this subsection applies, at which time the number of victim witnesses shall not exceed seven.

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

(A) The spouse of the victim at the time of the victim's death;

(B) A parent or stepparent of the victim;

(C) An adult brother, sister, child, or stepchild of the victim; or

(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 approval of the Correctional Institutions Division (CID) director.

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

(A) Close relatives of a victim for whose death the inmate has been convicted but not sentenced to death;

(B) Close relatives of a victim for whose death the inmate is unequivocally responsible, with the recommendation of the VSD director and approval of the CID director; and

(C) The surviving victim of a crime for which the inmate has been convicted and sentenced to death, with the recommendation of the VSD director and approval of the CID director.

(3) If there are multiple victims involved in the offense for which the inmate has been convicted and sentenced to death, the total number of witnesses shall be increased to seven.

(4) The spiritual advisor shall be a licensed or certified pastor or comparable official, such as a minister, priest, or rabbi, of the victim's or close relatives' religion.

(c) Inmate Witnesses. Individuals that may be inmate witnesses are as follows:

(1) Five of the inmate's relatives or friends and a spiritual advisor may attend the execution of the condemned inmate if:

(A) The inmate provides a list of witnesses to the death row supervisor or warden's designee at least 14 days prior to the date of execution;

(B) The witnesses are 18 years of age or older;

(C) The inmate submits a request in writing to the death row unit warden to have a TDCJ chaplain or the inmate's spiritual advisor present inside the execution chamber within 30 days of being notified of an execution date and must explain in writing what actions the inmate requests the spiritual advisor to perform while inside the execution chamber; and

(D) The spiritual advisor must be currently employed as a TDCJ chaplain or have an established ongoing spiritual relationship with the inmate as shown by regular communications or in-person visits with the inmate prior to the inmate's scheduled execution date.

(2) If the inmate wants to change the witnesses previously designated, and the request is made less than 14 days before the execution, the inmate shall submit the request in writing through the death row unit warden to the CID director, who shall approve or disapprove the changes.

(d) Other Witnesses. Persons other than those listed in subsections (b) and (c) who are authorized to witness an execution are:

(1) Texas Department of Criminal Justice (TDCJ) staff or law enforcement staff as deemed necessary by the CID director;

(2) Members of the Texas Board of Criminal Justice;

(3) The Inspector General or designee, and staff of the Office of the Inspector General as deemed necessary by the Inspector General;

(4) TDCJ chaplains;

(5) The Walker County judge;

(6) The Walker County sheriff;

(7) Media pool representatives consisting of:

(A) One reporter from the Huntsville Item;

(B) One reporter from the Associated Press;

(C) Three additional print media or broadcast media representatives selected from a list of applicants maintained by the TDCJ Communications Department; and

(8) Any other person approved by the TDCJ CID director.

(e) Prohibition of Attendance. Any inmate currently confined within the TDCJ is specifically denied authorization to witness the execution of another inmate.

(f) Victim Notification.

(1) The VSD shall maintain a list of scheduled executions and will include any 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) 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. Victim(s) or close relatives shall notify the VSD of any address or telephone number changes and of their intent to attend.

(3) The relatives of the victim, and surviving victims, shall be identified and approved by the VSD.

(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 relationships to the victim for the victim's witnesses and support persons who plan to attend.

(5) The VSD shall contact the relatives of the victim, and surviving victims, and provide information regarding the written procedures affecting their participation.

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

(1) There is sight and sound separation between any inmate witnesses and any victim witnesses; and

(2) There is sound separation between the condemned inmate and those in attendance, except arrangements shall be provided to 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; amended to be effective June 16, 2008, 33 TexReg 4682; amended to be effective April 28, 2013, 38 TexReg 2511; amended to be effective September 14, 2017, 42 TexReg 4658; amended to be effective March 3, 2024, 49 TexReg 1286