HBA-JLV H.B. 1539 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1539
By: Lewis, Ron
Criminal Jurisprudence
3/9/2001
Introduced



BACKGROUND AND PURPOSE 

With the implementation of the North American Free Trade Agreement (NAFTA),
the rate of United States citizens traveling to foreign countries has
increased.  Law and court procedures in foreign countries are often
different from the United States system and it is possible for a person to
be convicted in a foreign jurisdiction for circumstances that would not be
criminal in nature in the State of Texas.  House Bill 1539 provides for the
restoration of any civil rights forfeited under the laws of another
country. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1539 amends the Code of Criminal Procedure to authorize an
individual convicted of certain federal offenses or offenses under the laws
of another country to submit an application for restoration of civil rights
forfeited under the laws of the other country as a result of the
conviction.  The provision excludes an offense involving violence, the
threat of violence, drugs or firearms, if the elements of the offense are
substantially similar elements of an offense under the laws of this state
punishable as a felony. 

The bill prohibits the individual from applying for restoration of civil
rights unless the conviction occurred two or more years before the date of
the application, if the offense is an offense under the laws of another
country. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.