CODE OF CRIMINAL PROCEDURE
CHAPTER 48. PARDON AND PAROLE
Art. 48.01. [952] [1051] [1016] Governor may pardon
In all criminal cases, except treason and impeachment, the Governor
shall have power, after conviction, on the written signed
recommendation and advice of the Board of Pardons and Paroles, or a
majority thereof, to grant reprieves and commutations of
punishments and pardons; and upon the written recommendation and
advice of a majority of the Board of Pardons and Paroles, he shall
have the power to remit fines and forfeitures. The Governor shall
have the power to grant one reprieve in any capital case for a
period not to exceed 30 days; and he shall have power to revoke
conditional pardons. With the advice and consent of the
Legislature, the Governor may grant reprieves, commutations of
punishment and pardons in cases of treason.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1995, 74th Leg., ch. 321, Sec. 2.019, eff. Sept. 1,
1995.
Art. 48.02. [957] [1053] [1018] Shall file reasons
When the Governor remits fines or forfeitures, or grants reprieves,
commutation of punishment or pardons, he shall file in the office of
Secretary of State his reasons therefor.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 48.03. [958] [1057] [1022] Governor's acts under seal
All remissions of fines and forfeitures, and all reprieves,
commutations of punishment and pardons, shall be signed by the
Governor, and certified by the Secretary of State, under the state
seal, and shall be forthwith obeyed by any officer to whom the same
may be presented.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 26, eff. Aug. 30,
1993.
Art. 48.04. [954] [1052] [1017] Power to remit fines and
forfeitures
The Governor shall have the power to remit forfeitures of bail
bonds.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 48.05. Restoration of Civil Rights
(a)(1) An individual convicted of an offense described by
Subdivision (2) of this subsection may, except as provided by
Subsection (b) of this article, submit an application for
restoration of any civil rights forfeited under the laws of this
state as a result of the conviction.
(2) This article applies to:
(A) a federal offense, other than an offense involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms; and
(B) an offense under the laws of another country, other than an
offense involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms, if the elements of the offense are substantially
similar to elements of an offense under the laws of this state
punishable as a felony.
(b) An individual may not apply for restoration of civil rights
under this article unless:
(1) the individual has completed the sentence for the offense;
(2) the conviction occurred:
(A) three or more years before the date of application, if the
offense is a federal offense; or
(B) two or more years before the date of application, if the offense
is an offense under the laws of another country; and
(3) the individual has not been convicted at any other time of an
offense under the laws of this state, another state, or the United
States.
(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 has completed the sentence for the
offense.
(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 as to 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) of this article.
(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 is a form of
pardon that 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.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 7.01(a), eff. Sept. 1,
1993. Subsecs. (a) to (d), (k) amended by Acts 2001, 77th Leg., ch.
150, Sec. 1, eff. May 16, 2001.
