Bill Text: TX HB2969 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the restoration of civil rights of certain persons convicted of a felony.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-03-19 - Referred to Criminal Jurisprudence [HB2969 Detail]

Download: Texas-2013-HB2969-Introduced.html

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83R1403 GCB-D
By: Alonzo H.B. No. 2969

A BILL TO BE ENTITLED
AN ACT
relating to the restoration of civil rights of certain persons
convicted of a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 48.05, Code of Criminal
Procedure, is amended to read as follows:
Art. 48.05. RESTORATION OF CIVIL RIGHTS FOR CERTAIN FELONS
CONVICTED UNDER FEDERAL OR FOREIGN LAW.
SECTION 2. Chapter 48, Code of Criminal Procedure, is
amended by adding Article 48.051 to read as follows:
Art. 48.051. RESTORATION OF CIVIL RIGHTS FOR CERTAIN FELONS
CONVICTED UNDER TEXAS LAW. (a) An individual convicted of a felony
under the laws of this state may, except as provided by Subsection
(b), submit an application for restoration of any civil rights
forfeited under the laws of this state as a result of the
conviction.
(b) An individual may not apply for restoration of civil
rights under this article unless:
(1) the individual completed the sentence for the
offense, including a term of community supervision, mandatory
supervision, or parole imposed as a result of the conviction, not
less than five years before the date of application; and
(2) the individual has not been convicted during the
preceding five years of an offense under the laws of this state,
another state, or the United States other than a violation of a law
regulating traffic on highways that is punishable by fine only.
(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 completed the sentence
for the offense not less than five years before the date of
application.
(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 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).
(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
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.
(l) A restoration of civil rights under this article is not
a pardon.
SECTION 3. This Act takes effect September 1, 2013.