CHAPTER 48. PARDON AND PAROLE - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 48. PARDON AND PAROLE

Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, except

treason and impeachment, the Governor shall have power, after

conviction, on the written signed recommendation and advice of

the Board of Pardons and Paroles, or a majority thereof, to grant

reprieves and commutations of punishments and pardons; and upon

the written recommendation and advice of a majority of the Board

of Pardons and Paroles, he shall have the power to remit fines

and forfeitures. The Governor shall have the power to grant one

reprieve in any capital case for a period not to exceed 30 days;

and he shall have power to revoke conditional pardons. With the

advice and consent of the Legislature, the Governor may grant

reprieves, commutations of punishment and pardons in cases of

treason.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1995, 74th Leg., ch. 321, Sec. 2.019, eff. Sept.

1, 1995.

Art. 48.02. SHALL FILE REASONS. When the Governor remits fines

or forfeitures, or grants reprieves, commutation of punishment or

pardons, he shall file in the office of Secretary of State his

reasons therefor.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 48.03. GOVERNOR'S ACTS UNDER SEAL. All remissions of fines

and forfeitures, and all reprieves, commutations of punishment

and pardons, shall be signed by the Governor, and certified by

the Secretary of State, under the state seal, and shall be

forthwith obeyed by any officer to whom the same may be

presented.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 26, eff. Aug. 30,

1993.

Art. 48.04. POWER TO REMIT FINES AND FORFEITURES. The Governor

shall have the power to remit forfeitures of bail bonds.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 48.05. RESTORATION OF CIVIL RIGHTS. (a)(1) An individual

convicted of an offense described by Subdivision (2) of this

subsection may, except as provided by Subsection (b) of this

article, submit an application for restoration of any civil

rights forfeited under the laws of this state as a result of the

conviction.

(2) This article applies to:

(A) a federal offense, other than an offense involving:

(i) violence or the threat of violence;

(ii) drugs; or

(iii) firearms; and

(B) an offense under the laws of another country, other than an

offense involving:

(i) violence or the threat of violence;

(ii) drugs; or

(iii) firearms, if the elements of the offense are substantially

similar to elements of an offense under the laws of this state

punishable as a felony.

(b) An individual may not apply for restoration of civil rights

under this article unless:

(1) the individual has completed the sentence for the offense;

(2) the conviction occurred:

(A) three or more years before the date of application, if the

offense is a federal offense; or

(B) two or more years before the date of application, if the

offense is an offense under the laws of another country; and

(3) the individual has not been convicted at any other time of an

offense under the laws of this state, another state, or the

United States.

(c) An application for restoration of civil rights must contain:

(1) a completed application on a form adopted by the Board of

Pardons and Paroles;

(2) three or more affidavits attesting to the good character of

the applicant; and

(3) proof that the applicant has completed the sentence for the

offense.

(d) The applicant must submit the application to:

(1) the sheriff of the county in which the applicant resides at

the time of application or resided at the time of conviction of

the offense, if the individual resided in this state at that

time; or

(2) the Board of Pardons and Paroles.

(e) If an application is submitted to a sheriff, the sheriff

shall review the application and recommend to the Board of

Pardons and Paroles whether the individual's civil rights should

be restored. If the sheriff recommends restoration of the

individual's civil rights, the board may either:

(1) concur in the recommendation and forward the recommendation

to the governor; or

(2) independently review the application to determine whether to

recommend to the governor the restoration of the individual's

civil rights.

(f) If the sheriff does not recommend the restoration of the

individual's civil rights, the individual may apply directly to

the Board of Pardons and Paroles.

(g) If an application is submitted to the Board of Pardons and

Paroles without first being submitted to a sheriff, the board

shall review the application and recommend to the governor as to

whether the individual's civil rights should be restored.

(h) The Board of Pardons and Paroles may require or obtain

additional information as necessary to perform a review under

Subsection (e)(2) or Subsection (g) of this article.

(i) On receipt from the Board of Pardons and Paroles of a

recommendation to restore the civil rights of an individual, the

governor may either grant or deny the restoration of civil rights

to the individual. If the governor grants the restoration of

civil rights to the individual, the governor shall issue a

certificate of restoration of civil rights.

(j) If an application under this article is denied by the Board

of Pardons and Paroles or the governor, the individual may not

file another application under this article before the first

anniversary of the date of the denial.

(k) A restoration of civil rights under this article is a form of

pardon that restores all civil rights under the laws of this

state that an individual forfeits as a result of the individual's

conviction of an offense, except as specifically provided in the

certificate of restoration.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 7.01(a), eff. Sept.

1, 1993. Subsecs. (a) to (d), (k) amended by Acts 2001, 77th

Leg., ch. 150, Sec. 1, eff. May 16, 2001.