HB 1291

AN ACT relating to the consideration of a subsequent writ of habeas corpus

House Bill Thompson
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

This Texas bill modifies the rules for filing subsequent habeas corpus writs in criminal cases, making it more difficult for inmates to challenge their convictions after an initial application. Specifically, a court can only consider a subsequent writ if: (1) new factual or legal evidence was unavailable during previous applications, (2) there's evidence that a constitutional violation means no rational juror would have found the defendant guilty, or (3) the primary prosecuting attorney in the jurisdiction consents in writing. The bill applies to habeas corpus applications filed on or after September 1, 2025, and aims to limit repeated legal challenges to criminal convictions.

Subject Areas

Bill Text

relating to the consideration of a subsequent writ of habeas corpus
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 4, Article 11.07, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsection (d) to read as follows:
(a)  If a subsequent application for writ of habeas corpus is
filed after final disposition of an initial application challenging
the same conviction, a court may not consider the merits of or grant
relief based on the subsequent application unless [the application
contains sufficient specific facts establishing that]:
(1)  the application contains sufficient specific
facts establishing that the current claims and issues have not been
and could not have been presented previously in an original
application or in a previously considered application filed under
this article because the factual or legal basis for the claim was
unavailable on the date the applicant filed the previous
(2)  the application contains sufficient specific
facts establishing by a preponderance of the evidence that, but for
a violation of the United States Constitution, no rational juror
could have found the applicant guilty beyond a reasonable doubt; or
(3)  the attorney representing the state having primary
responsibility for the prosecution of similar cases in the
jurisdiction consents in writing to the court's consideration of
and ruling on the merits of the application.
(d)  In this section, "attorney representing the state"
means a district attorney, a criminal district attorney, or a
county attorney with criminal jurisdiction.  The term does not
include an assistant prosecuting attorney.
SECTION 2.  Section 4(a), Article 11.07, Code of Criminal
Procedure, as amended by this Act, applies only to an application
for a writ of habeas corpus filed on or after the effective date of
this Act.  An application filed before the effective date of this
Act is governed by the law in effect on the date the application was
filed, and the former law is continued in effect for that purpose.
SECTION 3.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the consideration of a subsequent writ of habeas corpus