2 bills designed to address the U

2 bills designed to address the U.S. Supreme Court's prohibition on executing the mentally retarded died in the Texas legislature this session, leaving lower courts little guidance on how to apply the highest court's ruling. "There are differing views on this issue, and the senate was not able to come to a consensus before the end of this legislative session," said state Sen. Todd Staples, R-Palestine. "I expect to more fully develop this issue during the interim and bring it up again in the next session." Staples authored one of the bills that stalled in committee. His SB 332 made mental retardation an issue for the trial jury to consider during sentencing after finding the defendant guilty of a capital offense. The counterpoint to Staples' bill was that of state Sen. Rodney Ellis, D-Houston. Ellis' SB 163 made mental retardation a pre-trial issue and called for a separate hearing by a separate jury before the trial began. His bill relied on an IQ test score of 70 or less for a "presumption of mental retardation." With little middle ground and a full legislative agenda this session, neither bill made it out of committee.