By Lewis of Orange                                    H.B. No. 1539
         77R5794 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the restoration of the civil rights of certain
 1-3     individuals convicted of offenses allegedly committed in other
 1-4     countries.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Articles 48.05(a), (b), (c), (d), and (k), Code of
 1-7     Criminal Procedure, are amended to read as follows:
 1-8           (a)(1)  An individual convicted of an [a federal] offense
 1-9     described by Subdivision (2) [other than an offense involving
1-10     violence or the threat of violence or involving drugs or firearms]
1-11     may, except as provided by Subsection (b) of this article, submit
1-12     an application for restoration of any civil rights forfeited under
1-13     the laws of this state as a result of the conviction.
1-14                 (2)  This article applies to:
1-15                       (A)  a federal offense, other than an offense
1-16     involving:
1-17                             (i)  violence or the threat of violence;
1-18                             (ii)  drugs; or
1-19                             (iii)  firearms; and
1-20                       (B)  an offense under the laws of another
1-21     country, other than an offense involving:
1-22                             (i)  violence or the threat of violence;
1-23                             (ii)  drugs; or
1-24                             (iii)  firearms, if the elements of the
 2-1     offense are substantially similar to elements of an offense under
 2-2     the laws of this state punishable as a felony.
 2-3           (b)  An individual may not apply for restoration of civil
 2-4     rights under this article unless:
 2-5                 (1)  the individual has completed the sentence for the
 2-6     [federal] offense;
 2-7                 (2)  the conviction occurred:
 2-8                       (A)  three or more years before the date of
 2-9     application, if the offense is a federal offense; or
2-10                       (B)  two or more years before the date of the
2-11     application, if the offense is an offense under the laws of another
2-12     country; and
2-13                 (3)  the individual has not been convicted at any other
2-14     time of an offense under the laws of this state, another state, or
2-15     the United States.
2-16           (c)  An application for restoration of civil rights must
2-17     contain:
2-18                 (1)  a completed application on a form adopted by the
2-19     Board of Pardons and Paroles;
2-20                 (2)  three or more affidavits attesting to the good
2-21     character of the applicant; and
2-22                 (3)  proof that the applicant has completed the
2-23     sentence for the [federal] offense.
2-24           (d)  The applicant must submit the application to:
2-25                 (1)  the sheriff of the county in which the applicant
2-26     resides at the time of application or resided at the time of
2-27     conviction of the [federal] offense, if the individual resided in
 3-1     this state at that time; or
 3-2                 (2)  the Board of Pardons and Paroles.
 3-3           (k)  A restoration of civil rights under this article is a
 3-4     form of pardon that restores all civil rights under the laws of
 3-5     this state that an individual forfeits as a result of the
 3-6     individual's conviction of an [a federal] offense, except as
 3-7     specifically provided in the certificate of restoration.    
 3-8           SECTION 2. Article 48.05, Code of Criminal Procedure, as
 3-9     amended by this Act, applies to an individual convicted of an
3-10     offense under the laws of another country committed before, on, or
3-11     after the effective date of this Act.
3-12           SECTION 3.  This Act takes effect immediately if it receives
3-13     a vote of two-thirds of all the members elected to each house, as
3-14     provided by Section 39, Article III, Texas Constitution.  If this
3-15     Act does not receive the vote necessary for immediate effect, this
3-16     Act takes effect September 1, 2001.