HB 3757
AN ACT relating to a writ to invoke the jurisdiction of a district court
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
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.
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
Bill filed: AN ACT relating to a writ to invoke the jurisdiction of a district court
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