---
title: 'RECENT LEGISLATION: Texas Legislature Examining Problems of Innocence and Racial Bias'
description: 'Two bills under consideration in Texas aim to address issues in the state’s death penalty. House Bill 2458 would allow defendants to appeal their death…'
canonical: 'https://deathpenaltyinfo.org/recent-legislation-texas-legislature-examining-problems-of-innocence-and-racial-bias'
section: news
date: '2013-04-18T18:23:00-04:00'
updated: '2025-03-14T14:34:52-04:00'
source: 'Death Penalty Information Center'
---

! Two bills under consideration in **Texas** aim to address issues in the state’s death penalty. House Bill 2458 would allow defendants to appeal their death sentences if they can prove that race was a significant factor in the decision to seek or impose the death penalty. Statistical evidence of bias can be used to support such a claim. Similar bills, referred to as the **Racial Justice Act**, have been considered in other states. Testimony in favor of the bill mentioned the case of [Duane Buck](https://deathpenaltyinfo.org/only-texas-inmate-not-resentenced-after-admittedly-racially-biased-testimony-faces-execution), an African American who was sentenced to death after a psychologist testifed that Buck would likely be a future danger to society because of his race. On April 17, the Texas Senate unanimously passed SB 1292, a bill that requires the state to collect and test all DNA evidence prior to a trial in which the defendant could receive the death penalty. The bill now heads to the House.

(M. Chammah, "[Panel Debates Death Penalty Cases, Race Considerations](http://www.myhighplains.com/fulltext/?nxd_id=362222)," Texas Tribune, April 17, 2013; "[Senate OKs mandatory DNA testing bill](https://blog.chron.com/texaspolitics/2013/04/senate-oks-mandatory-dna-testing-bill/)," Houston Chronicle, April 17, 2013). See **[Innocence](/innocence-and-death-penalty?did=412&scid=6)**, [**Recent Legislation**](/recent-legislative-activity?did=236&scid=40), and **[Race](/race-and-death-penalty?did=105&scid=5)**.