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HB 3757

AN ACT relating to a writ to invoke the jurisdiction of a district court

House Bill Moody
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

Creates a legal mechanism for licensed attorneys to file a writ in district court to obtain documents necessary for filing a postconviction habeas corpus application. Attorneys must affirm they cannot file the habeas corpus application without first obtaining specific relevant documents and must provide notice to the prosecuting attorney's office. This process gives attorneys a legal avenue to access critical documents that could potentially support a client's postconviction relief claim.

Subject Areas

Bill Text

relating to a writ to invoke the jurisdiction of a district court
for the purpose of obtaining relevant documents for a
postconviction application for a writ of habeas corpus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 11, Code of Criminal Procedure, is
amended by adding Article 11.66 to read as follows:
Art. 11.66.  WRIT TO INVOKE DISTRICT COURT JURISDICTION FOR
PURPOSE OF OBTAINING RELEVANT DOCUMENTS FOR POSTCONVICTION WRIT OF
HABEAS CORPUS APPLICATION.  (a)  A person may file a writ under this
article in a district court for the purpose of invoking the court's
jurisdiction to obtain documents described by Subsection (b)(2)(B)
related to filing an application for a writ of habeas corpus under
(b)  A person may file a petition for a writ under this
(1)  the person is an attorney licensed in this state;
(2)  the person affirms in the petition that:
(A)  the person is seeking to file an application
for a writ of habeas corpus on behalf of an applicant after a final
(B)  the person cannot in good faith file the
application until the person obtains documents relevant to a ground
for relief in the application; and
(3)  the person provides the office of the attorney
representing the state in the applicant's case with reasonable
notice of the person's intention to file a petition for a writ under
(c)  A district court's jurisdiction under this article is
limited only to matters relating to:
(1)  a petition for a writ under this article; and
(2)  the issuance of documents requested by the
petition for a writ under this article.
SECTION 2.  Section 24.011, Government Code, is amended to
Sec. 24.011.  WRIT POWER.  A judge of a district court may,
either in termtime or vacation, grant a writ [writs] of mandamus,
injunction, sequestration, attachment, garnishment, certiorari,
and supersedeas, a writ to issue documents under Article 11.66,
Code of Criminal Procedure, and any [all] other writ [writs]
necessary to the enforcement of the court's jurisdiction.
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to a writ to invoke the jurisdiction of a district court