(a) On the grounds of innocence of the offense for which convicted or successfully completed a term of deferred adjudication community supervision, the Board will consider applications for recommendation to the Governor for a pardon for innocence upon receipt of:
  (1) a written recommendation of at least two of the current trial officials of the sentencing court, with one trial official submitting documentary evidence of actual innocence; or
  (2) a certified order or judgment of a court having jurisdiction accompanied by a certified copy of the findings of fact and conclusions of law where the court recommends that the Court of Criminal Appeals grant state habeas relief on the grounds of actual innocence.
(b) Evidence submitted under subsection (a)(1) of this section shall include the results and analysis of pre-trial and post-trial forensic DNA testing of biological material as defined in the Chapter 64, Code of Criminal Procedure, if any, and may also include affidavits of witnesses upon which the recommendation of actual innocence is based.

Source Note: The provisions of this §143.2 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective March 22, 1998, 23 TexReg 2829; amended to be effective March 10, 2005, 30 TexReg 1316; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795