Statutory Restrictions on Convicted Felons
The creation of this collection was prompted by a request from the Austin Public Library for statutory restrictions on convicted felons. The Texas State Law Library staff was surprised that they were unable to locate a comprehensive list of restrictions, and so began to compile one. First published in 2002, the resulting list of statutory restrictions on convicted felons covered over 165 statutes and court rules. This revised, online edition links directly to the full statute and is complete through the 81st legislative session. You may also be interested in the American Bar Association's National Inventory of the Collateral Consequences of Conviction, a searchable online database containing the results of a study aiming to collect the consequences that ex-offenders face in various U.S. jurisdictions. The study was conducted by the National Institute of Justice as directed by the U.S. Congress.
The terms felon and conviction of a felony vary by context, and the user is cautioned that felony restrictions may vary by nature of the conviction. Whether a conviction is subject to a particular statute may be determined not only by the language of the statute but also by court interpretation. For example, a convicted felon whose conviction has been "set aside" pursuant to Article 42.12 of the Texas Code of Criminal Procedure, Section 20, is not prohibited by Section 46.04 of the Texas Penal Code from possessing a firearm. However, that same person is disqualified to be a county jailer or peace office because of the definition contained within Section 1701.312 of the Texas Occupations Code. Legal interpretation should be sought from a competent attorney.
Texas laws currently are arranged in two parts: the codes (compilations of laws on the same subject) and the civil statutes. Since the early 1960s, the Texas Legislature has authorized a more detailed codification of Texas statutes, resulting in the periodic passage of various codes such as the Agriculture Code, the Education Code, and the Election Code. These codes, presumably, compile all the laws on that subject--laws that may have been scattered in various places throughout the civil statutes prior to the enactment of the code. While this codification does not change the substance of the law, this does change titles, chapters, and section numbers. Therefore, the researcher must be cognizant of this ongoing codification project of the Texas Legislative Council. If you need assistance locating a particular section of code, please contact the library directly at (512) 463-1722.
Please note that we do not warrant this to be a complete listing of all restrictions on convicted felons. This is a listing of the restrictions that the library has been able to identify. We urge you to consult with an attorney if you have any questions about restrictions for convicted felons.
Here we present statutory restrictions on convicted felons as identified in the Texas codes (e.g., restrictions in the Education Code, in the Occupations Code) and in the Texas Constitution.
Here we present statutory restrictions on convicted felons as they relate to professions and/or business licenses (e.g., for educators, for bus drivers, for social workers).
Here we present statutory restrictions on convicted felons by subject matter (e.g., carrying weapons, scholarships, voting).