TX HB5058

Removes "anticipated that a human life would be taken" as a basis for the death penalty in capital murder cases where the defendant was convicted as a party to the crime, now requiring proof that the defendant actually caused the death or intended to kill

Excludes capital murder prosecutions from the general conspiracy liability rule that holds all conspirators guilty of felonies committed by co-conspirators during the conspiracy

Creates new Section 7.021 establishing stricter requirements for capital murder conspiracy liability: the defendant must be a "major participant" who acts with "reckless indifference to human life" and the murder must further the conspiracy's unlawful purpose

Requires the Board of Pardons and Paroles by January 1, 2026 to review convictions of death row inmates who were convicted solely as parties under the conspiracy rule and identify candidates for clemency recommendations to the governor

Applies only to offenses committed on or after September 1, 2025, with former law continuing to govern earlier offenses