bill creates a writ to get documents before habeas filings

The text as introduced · 375 words

89R14954 JRR-D

By: Moody
H.B. No. 3757

A BILL TO BE ENTITLED

AN ACT

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

this chapter.

(b) A person may file a petition for a writ under this

article only if:

(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

conviction; and

(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

this article.

(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

read as follows:

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.