By Allen H.B. No. 441
74R3136 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the restoration of civil rights or citizenship
1-3 privileges to defendants convicted of certain offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 48, Code of Criminal Procedure, is
1-6 amended by adding Article 48.055 to read as follows:
1-7 Art. 48.055. RESTORATION OF CIVIL RIGHTS: CERTAIN STATE
1-8 FELONS. (a) Except as provided by Subsection (b) of this article,
1-9 an individual convicted of a felony in any court of this state
1-10 other than a felony involving violence or the threat of violence or
1-11 involving the delivery of a controlled substance, as defined by
1-12 Section 481.002, Health and Safety Code, may apply as provided by
1-13 this article for the restoration of civil rights or citizenship
1-14 privileges forfeited under the laws of this state as a result of
1-15 the conviction.
1-16 (b) An individual may not apply for restoration of civil
1-17 rights or citizenship privileges under this article unless the
1-18 individual has:
1-19 (1) completed the terms of the sentence for the
1-20 offense;
1-21 (2) completed 300 hours of work at community service
1-22 projects of a type and under conditions assigned by courts when
1-23 sentencing a defendant to community supervision;
1-24 (3) completed a course in civics or responsibilities
2-1 of citizenship that is equivalent to a course taught at a secondary
2-2 school or an institution of higher education; and
2-3 (4) not been convicted of more than one felony under
2-4 the laws of this state, another state, or the United States.
2-5 (c) An application for restoration of civil rights or
2-6 citizenship privileges under this article must:
2-7 (1) be sworn to by the applicant;
2-8 (2) be on a form adopted by the Board of Pardons and
2-9 Paroles;
2-10 (3) have attached three or more sworn affidavits from
2-11 citizens of this state who have never been convicted of an offense,
2-12 except for an offense punishable only by fine, attesting to the
2-13 good character of the applicant;
2-14 (4) include a certificate of proof from the Texas
2-15 Department of Criminal Justice that the applicant has completed the
2-16 sentence;
2-17 (5) show that the applicant has completed the
2-18 community service requirements described by Subsection (b)(2) of
2-19 this article; and
2-20 (6) include a certificate or other certified proof
2-21 that the applicant has completed the course described by Subsection
2-22 (b)(3) of this article.
2-23 (d) The applicant must submit the application to the Board
2-24 of Pardons and Paroles or an agency designated by the board that
2-25 agrees to receive applications for restoration of civil rights or
2-26 privileges under this article. The board or the designated agency
2-27 shall review the application to determine whether to recommend to
3-1 the governor the restoration of the individual's civil rights or
3-2 citizenship privileges. If the board or the designated agency
3-3 recommends the restoration of the individual's civil rights or
3-4 citizenship privileges, the board shall forward to the governor its
3-5 recommendation or the recommendation of the designated agency and
3-6 the application filed under this section. If the board or the
3-7 designated agency does not recommend the restoration of the
3-8 individual's civil rights or citizenship privileges, the board
3-9 shall provide to the applicant a written statement stating the
3-10 reason for the denial.
3-11 (e) The Board of Pardons and Paroles or the designated
3-12 agency may require or obtain additional information as necessary to
3-13 perform a review under Subsection (d) of this article.
3-14 (f) On receipt from the Board of Pardons and Paroles of a
3-15 recommendation to restore the civil rights or citizenship
3-16 privileges of an individual, the governor may grant or deny the
3-17 restoration of civil rights or citizenship privileges to the
3-18 individual. If the governor grants the restoration of civil rights
3-19 or citizenship privileges, the governor shall issue a certificate
3-20 of restoration of civil rights or citizenship privileges. If the
3-21 governor does not grant the restoration of civil rights or
3-22 citizenship privileges, the governor shall provide to the
3-23 individual a written statement stating the reason for the denial.
3-24 (g) If an application under this article is denied by the
3-25 Board of Pardons and Paroles or the governor, the individual may
3-26 not file another application under this article before the first
3-27 anniversary of the date of the denial.
4-1 (h) A restoration of civil rights or citizenship privileges
4-2 under this article is a form of pardon that restores all civil
4-3 rights or citizenship privileges under the laws of this state that
4-4 an individual forfeits as a result of the individual's conviction
4-5 of a felony in any court of this state, except as specifically
4-6 provided in the certificate of restoration.
4-7 SECTION 2. The heading of Article 48.05, Code of Criminal
4-8 Procedure, is amended to read as follows:
4-9 Art. 48.05. RESTORATION OF CIVIL RIGHTS: CERTAIN FEDERAL
4-10 FELONS.
4-11 SECTION 3. Article 48.055, Code of Criminal Procedure, as
4-12 added by this Act, applies to an individual convicted of an offense
4-13 committed before, on, or after the effective date of this Act.
4-14 SECTION 4. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.