The text as introduced · 364 words
90R4131 JRR-D
By: Moody
H.B. No. 636
A BILL TO BE ENTITLED
AN ACT
relating to a writ to require the issuance of certain 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 REQUIRING ISSUANCE OF CERTAIN RELEVANT
DOCUMENTS FOR POSTCONVICTION WRIT OF HABEAS CORPUS APPLICATION.
(a) A person may file a petition for a writ under this article in a
district court to require the issuance of 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
invoked by the filing of the petition described by this article and
is limited to matters relating to the petition and the issuance of
relevant documents as requested by the petition.
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 require the issuance of 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, 2027.