Texas Pardon - Cases and Statutes

Texas Pardon - Cases and Statutes

The authority to pardon is spread between various different statutes and cases and, together, they make up the Texas law authorizing pardons and defining the process and benefits.

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Full Texas Pardon - Cases and Statutes

Article IV, Section 11.

Board of Pardons and Paroles; Parole Laws; Reprieves, Communications, and Pardons; Remission of Fines and Forfeitures §11(b) - Executive Pardons:

The governor may not issue a pardon except upon affirmative written recommendation from a majority of the members of the Board of Pardons (except for a one-time 30-day reprieve in a capital case, as well as in instances of treason and impeachment).

State ex rel. Smith v. Blackwell

“While a limitation was placed upon the executive’s power, the general scope of the power of clemency still rests with the Governor.”

37 Tex. Admin. Code § 143.5

“Upon request from a person who has discharged a felony sentence or successfully completed a term of deferred adjudication community supervision, the Board will consider recommending a full pardon.”

37 Tex. Admin. Code §141.111

A full pardon is defined as “an unconditional act of executive clemency by the governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby.”