Does Texas Still Have the Death Penalty?
Yes, and Texas has used it more than any other state, but far less often than it once did. Texas has carried out 603 executions since 1982, about 36% of all U.S. executions since 1976. The peak came in 2000, with 40. Since 2020, Texas has executed no more than 8 people in a year, and in 2025 Florida carried out almost four times as many (TCADP).
The drop starts earlier, in the courtroom. Texas juries sentenced 377 people to death in the 1990s and 38 in the ten years from 2016 through 2025.
Key facts
Texas Executions by Year
Texas executions peaked around 2000 and have fallen to single digits a year. The state carried out 40 executions in 2000 and 5 in 2025.
| Category | Value |
|---|---|
| 1982-86 | 20 |
| 1987-91 | 22 |
| 1992-96 | 65 |
| 1997-01 | 149 |
| 2002-06 | 123 |
| 2007-11 | 98 |
| 2012-16 | 61 |
| 2017-21 | 35 |
| 2022-26 | 30 |
Source: Death Penalty Information Center execution database, Texas executions from 1982 through October 7, 2026. The last period is 2022 through October 2026.
Who Texas has executed tracks old patterns in the justice system. Of the 603 people executed, 265 were white, 219 Black and 114 Latino. In 70% of cases, at least one victim was white. Texas also executed 13 people for crimes they committed before they turned 18, before the Supreme Court barred that in 2005, and 15 foreign nationals.
When Is the Next Execution in Texas?
The next scheduled execution in Texas is on November 12, 2026. TDCJ lists 2 dates for the rest of 2026. Dates are often stayed or withdrawn by a court, so check TDCJ’s list before relying on one.
Texas execution dates for the rest of 2026, as of TDCJ's October 8, 2026 update
Source: Texas Department of Criminal Justice, Scheduled Executions
Texas has carried out 7 executions so far in 2026: Charles Thompson (Harris County, January 28), Cedric Ricks (Tarrant County, March 11), James Broadnax (Dallas County, April 30), Edward Busby (Tarrant County, May 14), LeJames Norman (Jackson County, September 16), Ker'Sean Ramey (Jackson County, September 23) and Jamaal Howard (Hardin County, October 7) (DPIC).
Who Is on Texas Death Row Now
161 people are on Texas death row, and 45% of them are Black. The counts come from the Texas Department of Criminal Justice as of October 8, 2026.
| Category | Value |
|---|---|
| Black | 73 |
| Hispanic | 45 |
| White | 39 |
| Other | 4 |
Source: Texas Department of Criminal Justice, Gender and Racial Statistics of Death Row Inmates, updated October 8, 2026. TDCJ's categories.
Death row is shrinking for reasons besides executions. In 2025, 5 men died in custody and 1 had his sentence reduced, while 5 were executed. Since 2017, 19 people have been removed from Texas death row because of intellectual disability, which bars execution under the Constitution (TCADP).
Women on Death Row in Texas
Seven women are on Texas death row, according to TDCJ. They are listed below with the county that convicted them and the year of their death sentence.
Women sentenced to death in Texas, as of September 2026
Texas has executed 6 women since 1982, according to DPIC’s database.
Which Counties Send the Most People to Death Row
Four counties, Harris, Dallas, Tarrant and Bexar, account for 50% of Texas executions. Harris County alone accounts for 23%, with 136. Only Florida has carried out more executions than Harris County by itself, out of the other 49 states.
| Category | Value |
|---|---|
| Harris | 136 |
| Dallas | 67 |
| Tarrant | 49 |
| Bexar | 47 |
| Montgomery | 17 |
| Jefferson | 15 |
| Nueces | 15 |
| Smith | 14 |
| Potter | 12 |
| Brazos | 12 |
Source: Death Penalty Information Center execution database, through October 7, 2026. Top 10 of Texas's 254 counties.
The pattern holds on death row today. Of the 164 people with an active death sentence in DPIC’s database, 69 (42%) were sentenced in Harris County. In 2025, prosecutors in only 2 counties, Harris and Tarrant, took new death penalty cases to a jury (TCADP).
Why New Death Sentences Have Nearly Stopped
Texas juries sentenced 3 people to death in 2025, down from 49 in 1999. Since 2015, the yearly count has stayed in single digits.
| Category | Value |
|---|---|
| 1976-80 | 135 |
| 1981-85 | 139 |
| 1986-90 | 172 |
| 1991-95 | 187 |
| 1996-00 | 193 |
| 2001-05 | 134 |
| 2006-10 | 55 |
| 2011-15 | 39 |
| 2016-20 | 21 |
| 2021-25 | 17 |
Source: Death Penalty Information Center death sentences database. Each person is counted once, in the year of their first death sentence. The last period is 2016 through 2025.
Cost is one reason prosecutors give for seeking death less often. El Paso County dropped the death penalty against the 2019 Walmart shooter in exchange for a guilty plea, after a case that had cost about $6 million without a state trial (TCADP). In San Jacinto County, the district attorney said a capital trial would cost $1.2 million to $2 million, four times the county’s yearly budget for indigent defense.
What Crimes Get the Death Penalty in Texas
Only capital murder can bring a death sentence in Texas. Penal Code 19.03 defines it as murder plus one of these circumstances (Penal Code 19.03):
- The victim was a police officer or firefighter on duty, or a judge, in retaliation for their service.
- The murder happened during a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or certain terroristic threats.
- It was a murder for hire.
- The killer was escaping from prison, or killed while in prison under certain conditions.
- More than one person was killed in the same act or the same scheme.
- The victim was under 15.
If the state seeks death, the jury chooses between death and life without parole after answering questions about future danger and mitigating evidence. In 2025, a Senate bill to add more capital crimes based on the victim’s age passed the Senate 26 to 5 but never got a House vote.
Death penalty bills in the 2025 Texas Legislature
Source: Texas Coalition to Abolish the Death Penalty, Texas Death Penalty Developments in 2025
How a Texas Death Penalty Case Moves Through the Courts
Every Texas death sentence goes straight to the Court of Criminal Appeals, the state’s highest criminal court. State law makes that review automatic (Code of Criminal Procedure 37.071). After it, the case can go through state and federal habeas courts, which review claims the trial record does not show, such as a weak defense lawyer or hidden evidence.
The path of a Texas death penalty case
- Trial Capital murder trial and sentencing A jury decides guilt, then chooses death or life without parole.
- Automatic Direct appeal to the Court of Criminal Appeals The court reviews the trial record for legal errors.
- At the same time State habeas corpus Filed in the trial court within 180 days of the lawyer's appointment or 45 days after the state's appeal brief, whichever is later. The Court of Criminal Appeals decides it.
- Years later Federal habeas corpus A federal district court, then the Fifth Circuit, then possibly the U.S. Supreme Court.
- After appeals Execution date and clemency A trial judge sets the date. The Board of Pardons and Paroles votes on clemency, and the governor may act only on its recommendation, except for one 30-day reprieve.
Sources: Code of Criminal Procedure 37.071 and 11.071; Texas Board of Pardons and Paroles, Clemency.
Texas passed a junk science law in 2013. Article 11.073 lets a court grant a new trial when new scientific evidence would likely have changed the verdict (Code of Criminal Procedure 11.073). According to the Texas Tribune, it had never won a new trial for anyone on death row as of October 2025 (Texas Tribune). The governor cannot commute a sentence without the board’s written recommendation (Board of Pardons and Paroles).
Texas Death Row Exonerations
19 people sentenced to death in Texas were later exonerated, 7 of them since 2000. Official misconduct, such as hiding evidence, played a part in 13 of the 19 cases, and DNA in 3.
Kerry Max Cook waited 46 years, longer than anyone else on the list.
Texas Death Penalty Cases to Watch
Several of the best-known Texas cases are back in court over claims of bad science, false testimony or hidden evidence. Here is where each stood on the date below.
Texas death penalty cases in court
As of September 28, 2026
- Robert Roberson (Anderson County, 2003) In litigation
On October 9, 2025, a week before his execution date, the Court of Criminal Appeals voted 5-4 to stay it and sent the case back to the trial court under the junk science law. The conviction rested on shaken baby syndrome. (source)
- David Wood (El Paso County) In litigation
The Court of Criminal Appeals stayed his March 13, 2025 execution and on July 30, 2025 sent his claims of false testimony and hidden evidence back to the trial court. (source)
- Brittany Holberg (Randall County, 1998) In litigation
A Fifth Circuit panel overturned her conviction 2-1 in March 2025 because prosecutors hid that a key witness was a paid informant. The full court vacated that ruling and reheard the case on January 21, 2026. (source)
- Ruben Gutierrez (Cameron County, 1999) In litigation
On June 26, 2025, the U.S. Supreme Court ruled 6-3 that he may keep suing over Texas's rules for post-conviction DNA testing. (source)
Source: Texas Tribune; Texas Coalition to Abolish the Death Penalty, 2025 year in review
Common Questions About the Texas Death Penalty
Does Texas still have the death penalty?
Yes. Capital murder is punishable by death or by life without parole. Texas has carried out 603 executions since 1982, more than any other state, but no more than 8 a year since 2020.
How many people are on death row in Texas?
161, according to the Texas Department of Criminal Justice as of October 8, 2026: 154 men and 7 women. 45% are Black.
When is the next execution in Texas?
TDCJ lists 2 execution dates for the rest of 2026: November 12 and November 19. Dates are often stayed or withdrawn, so check TDCJ’s scheduled executions page for changes.
What crimes get the death penalty in Texas?
Only capital murder, defined in Penal Code 19.03. It covers murder of a police officer or firefighter on duty, murder during a kidnapping, burglary, robbery, sexual assault or arson, murder for hire, killing more than one person, killing a child under 15, and a few others. A jury decides between death and life without parole.
How are executions carried out in Texas?
By lethal injection. Texas uses the drug pentobarbital, and state law keeps its source secret. Records obtained by NBC News showed more than $775,000 in drug purchases between October 2024 and March 2025, according to TCADP.
Can the governor stop an execution in Texas?
Only in part. The governor can grant one reprieve of up to 30 days on their own. Commuting a death sentence to life requires a written recommendation from a majority of the Board of Pardons and Paroles first.
For every state’s law, executions and exonerations, see our death penalty by state explainer.
What You Can Do
- Follow a case. TDCJ posts execution dates, and the Court of Criminal Appeals posts its rulings.
- Serve on a jury if called. In a capital case, the jury decides both guilt and punishment.
- Ask your district attorney how often the office seeks death and what it costs the county. District attorneys are elected.
- Tell your state legislators what you think of bills on intellectual disability, junk science and capital crimes before the Legislature meets in January 2027. Find them with Who Represents Me and use our letter-writing guide.
- Write to the Board of Pardons and Paroles when a clemency application is pending. The governor cannot commute a death sentence without its recommendation.