CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 48. PARDON AND PAROLE

Art. 48.01.  GOVERNOR MAY PARDON.  (a)  In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, 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.
(b)  The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:
(1)  is placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, and subsequently receives a discharge and dismissal under Article 42A.111; and
(2)  on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1053 (S.B. 144), Sec. 1, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.22, eff. January 1, 2017.

Art. 48.02. 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. 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. 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.

Art. 48.06.  EDUCATIONAL MATERIALS CONCERNING PARDONS FOR CERTAIN VICTIMS OF TRAFFICKING OF PERSONS.  (a)  The Board of Pardons and Paroles shall develop educational materials specifically for persons convicted of or placed on deferred adjudication community supervision for an offense the person committed solely as a victim of trafficking of persons under Section 20A.02, Penal Code.  The board shall include in the educational materials a detailed description of the process  by which the person may submit a request to the board for a written signed recommendation advising the governor to grant the person a pardon.
(b)  The Board of Pardons and Paroles shall post educational materials described by Subsection (a) on the board's Internet website.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 7, eff. September 1, 2013.