87R5051 JSC-D By: Dutton H.B. No. 748 A BILL TO BE ENTITLED AN ACT relating to the restoration of civil rights to a criminal defendant. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 48.05(a)(2), Code of Criminal Procedure, is amended to read as follows: (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; and (C) an offense under the laws of this state, other than an offense involving: (i) violence or the threat of violence; (ii) drugs; or (iii) firearms, if the offense is punishable as a felony. SECTION 2. Article 48.05(b), Code of Criminal Procedure, is amended to read as follows: (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; and (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]. SECTION 3. This Act applies to a defendant who is convicted of an offense before, on, or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2021.