By Wilson                                             H.B. No. 3061
         77R9294 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 federal offenses or offenses committed in
 1-4     other states or 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), (h), and (k),
 1-7     Code of Criminal Procedure, are amended to read as follows:
 1-8           (a)  An individual convicted of a federal offense or an
 1-9     offense under the laws of another state or country [other than an
1-10     offense involving violence or the threat of violence or involving
1-11     drugs or firearms] may, except as provided by Subsection (b) of
1-12     this article, submit an application for restoration of any civil
1-13     rights forfeited under the laws of this state as a result of the
1-14     conviction.
1-15           (b)  An individual may not apply for restoration of civil
1-16     rights under this article unless:
1-17                 (1)  the individual has completed the sentence for the
1-18     [federal] offense;
1-19                 (2)  the conviction occurred three or more years before
1-20     the date of application; and
1-21                 (3)  the individual has not been convicted at any other
1-22     time of an offense under the laws of this state, another state, or
1-23     the United States.
1-24           (c)  An application for restoration of civil rights must
 2-1     contain:
 2-2                 (1)  a completed application on a form adopted by the
 2-3     Board of Pardons and Paroles;
 2-4                 (2)  three or more affidavits attesting to the good
 2-5     character of the applicant; and
 2-6                 (3)  proof that the applicant has completed the
 2-7     sentence for the [federal] offense.
 2-8           (d)  The applicant must submit the application to:
 2-9                 (1)  the sheriff of the county in which the applicant
2-10     resides at the time of application or resided at the time of
2-11     conviction of the [federal] offense, if the individual resided in
2-12     this state at that time; or
2-13                 (2)  the Board of Pardons and Paroles.
2-14           (h)  The Board of Pardons and Paroles may require or obtain
2-15     additional information as necessary to perform a review under
2-16     Subsection (e)(2) or Subsection (g) of this article.  If the
2-17     offense for which the individual was convicted involved violence or
2-18     the threat of violence or involved drugs or firearms, the board may
2-19     recommend to the governor that the governor grant restoration of
2-20     civil rights to the individual only if the board determines that
2-21     the individual poses no threat to public safety.
2-22           (k)  A restoration of civil rights under this article is a
2-23     form of pardon that restores all civil rights under the laws of
2-24     this state that an individual forfeits as a result of the
2-25     individual's conviction of an [a federal] offense, except as
2-26     specifically provided in the certificate of restoration.    
2-27           SECTION 2. Article 48.05, Code of Criminal Procedure, as
 3-1     amended by this Act, applies to an individual convicted of a
 3-2     federal offense or an offense under the laws of another state or
 3-3     country committed before, on, or after the effective date of this
 3-4     Act.
 3-5           SECTION 3.  This Act takes effect immediately if it receives
 3-6     a vote of two-thirds of all the members elected to each house, as
 3-7     provided by Section 39, Article III, Texas Constitution.  If this
 3-8     Act does not receive the vote necessary for immediate effect, this
 3-9     Act takes effect September 1, 2001.