reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.005. Conditions Specified by Protective Order

(a)  In a protective order issued under this subchapter, the court may:
(1)  order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to the applicant or a member of the applicant's family or household; or
(2)  prohibit the alleged offender from:
(A)  communicating:
(i)  directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; or
(ii)  in any manner with the applicant or any member of the applicant's family or household except through the applicant's attorney or a person appointed by the court, if the court finds good cause for the prohibition;
(B)  going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household;
(C)  engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;
(D)  possessing a firearm, unless the alleged offender is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; and
(E)  tracking or monitoring personal property or a motor vehicle in the possession of the applicant or of a member of the applicant's family or household, without the applicant's effective consent, including by:
(i)  using a tracking application on a personal electronic device in the possession of the applicant or the family or household member or using a tracking device; or
(ii)  physically following the applicant or the family or household member or causing another to physically follow the applicant or member.
(b)  In a protective order that includes a condition described by Subsection (a)(2)(B), the court shall specifically describe each prohibited location and the minimum distance from the location, if any, that the alleged offender must maintain.  This subsection does not apply to a protective order with respect to which the court has received a request to maintain confidentiality of information revealing the locations.
(c)  In a protective order, the court may suspend a license to carry a handgun issued under Section 411.177, Government Code, that is held by the alleged offender.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 839 (H.B. 2715), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.006. Warning on Protective Order

(a)  Each protective order issued under this subchapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, in capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
(b)  Each protective order issued under this subchapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH.  AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.007. Duration of Protective Order; Rescission

(a)  A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order.  If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
(a-1)  The court shall issue a protective order effective for the duration of the lives of the offender and victim if the offender is:
(1)  convicted of or placed on deferred adjudication community supervision for an offense listed in Article 7B.001(a)(1); and
(2)  required under Chapter 62 to register for life as a sex offender.
(b)  The following persons may file at any time an application with the court to rescind the protective order:
(1)  a victim of an offense listed in Article 7B.001(a)(1) who is 18 years of age or older;
(2)  subject to Subsection (b-1), a parent or guardian acting on behalf of a victim of an offense listed in Article 7B.001(a)(1) who is younger than 18 years of age or an adult ward; or
(3)  a person not otherwise described by Subdivision (1) or (2) who filed the application for the protective order.
(b-1)  A parent or guardian may not file an application to rescind the protective order under Subsection (b)(2) if the parent or guardian is the alleged offender subject to the protective order.
(c)  To the extent of any conflict with Section 85.025, Family Code, this article prevails.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 8, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 9, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.002(f), eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter A. Protective Order for Victims of Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking › Article 7B.008. Application of Other Law

To the extent applicable, except as otherwise provided by this subchapter, Title 4, Family Code, applies to a protective order issued under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter B. Stalking Protective Order › Article 7B.051. Request for Protective Order

(a)  At any proceeding related to an offense under Section 42.072, Penal Code, in which the defendant appears before the court, a person may request the court to issue a protective order under Title 4, Family Code, for the protection of the person.
(b)  The request under Subsection (a) is made by filing an application for a protective order in the same manner as an application for a protective order under Title 4, Family Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter B. Stalking Protective Order › Article 7B.052. Required Findings; Issuance of Protective Order

The court shall issue a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred as required by Section 85.001, Family Code, the court finds that:
(1)  probable cause exists to believe that an offense under Section 42.072, Penal Code, was committed; and
(2)  the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to engage in conduct prohibited by Section 42.072(a)(1), (2), or (3), Penal Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter B. Stalking Protective Order › Article 7B.053. Enforcement

The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this subchapter, including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter C. Protective Order Prohibiting Offense Motivated by Bias or Prejudice › Article 7B.101. Request for Protective Order

A person may request the court to issue a protective order under Title 4, Family Code, for the protection of the person at any proceeding:
(1)  in which the defendant appears in constitutional county court, statutory county court, or district court;
(2)  that is related to an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
(3)  in which it is alleged that the defendant committed the offense because of bias or prejudice as described by Article 42.014.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter C. Protective Order Prohibiting Offense Motivated by Bias or Prejudice › Article 7B.102. Required Findings; Issuance of Protective Order

The court shall issue a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred as required by Section 85.001, Family Code, the court finds that:
(1)  probable cause exists to believe that an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, was committed;
(2)  the defendant committed the offense because of bias or prejudice; and
(3)  the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to:
(A)  engage in conduct prohibited by Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
(B)  engage in that conduct described by Paragraph (A) because of bias or prejudice.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter C. Protective Order Prohibiting Offense Motivated by Bias or Prejudice › Article 7B.103. Enforcement

The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this subchapter, including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification, except that:
(1)  the printed statement on the warning must refer to the prosecution of subsequent offenses committed because of bias or prejudice;
(2)  the court shall require a constable to serve a protective order issued under this subchapter; and
(3)  the clerk of the court shall forward a copy of a protective order issued under this subchapter to the Department of Public Safety with a designation indicating that the order was issued to prevent offenses committed because of bias or prejudice.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 7B - Protective Orders › Subchapter C. Protective Order Prohibiting Offense Motivated by Bias or Prejudice › Article 7B.104. Reporting

For an original or modified protective order issued under this subchapter, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, but not later than the 10th day after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.01. Officer May Require Aid

When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may command as many of the citizens of his county as he may think proper;  and the sheriff may call any military company in the county to aid him in overcoming the resistance, and if necessary, in seizing and arresting the persons engaged in such resistance.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.02. Military Aid in Executing Process

If it be represented to the Governor in such manner as to satisfy him that the power of the county is not sufficient to enable the sheriff to execute process, he may, on application, order any military company of volunteers or militia company from another county to aid in overcoming such resistance.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.03. Military Aid in Suppressing Riots

Whenever, for the purpose of suppressing riots or unlawful assemblies, the aid of military or militia companies is called, they shall obey the orders of the civil officer who is engaged in suppressing the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.04. Dispersing Riot

Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse.  This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.05. Officer May Call Aid

In order to enable the officer to disperse a riot, he may call to his aid the power of the county in the same manner as is provided where it is necessary for the execution of process.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.06. Means Adopted to Suppress

The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is requisite to accomplish that object.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.07. Unlawful Assembly

The Articles of this Chapter relating to the suppression of riots apply equally to an unlawful assembly and other unlawful disturbances, as defined by the Penal Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.08. Suppression at Election

To suppress riots, unlawful assemblies and other disturbances at elections, any magistrate may appoint a sufficient number of special constables.  Such appointments shall be made to each special constable, shall be in writing, dated and signed by the magistrate, and shall recite the purposes for which such appointment is made, and the length of time it is to continue.  Before the same is delivered to such special constable, he shall take an oath before the magistrate to suppress, by lawful means, all riots, unlawful assemblies and breaches of the peace of which he may receive information, and to act impartially between all parties and persons interested in the result of the election.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 8 - Suppression of Riots and Other Disturbances › Article 8.09. Power of Special Constable

Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 9 - Offenses Injurious to Public Health › Article 9.01. Trade Injurious to Health

After an indictment or information has been presented against any person for carrying on a trade, business or occupation injurious to the health of those in the neighborhood, the court shall have power, on the application of anyone interested, and after hearing proof both for and against the accused, to restrain the defendant, in such penalty as may be deemed proper, from carrying on such trade, business or occupation, or may make such order respecting the manner and place of carrying on the same as may be deemed advisable;  and if upon trial, the defendant be convicted, the restraint shall be made perpetual, and the party shall be required to enter into bond, with security, not to continue such trade, business or occupation to the detriment of the health of such neighborhood, or of any other neighborhood within the county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 9 - Offenses Injurious to Public Health › Article 9.02. Refusal to Give Bond

If the party refuses to give bond when required under the provisions of the preceding Article, the court may either commit him to jail, or make an order requiring the sheriff to seize upon the implements of such trade, business or occupation, or the goods and property used in conducting such trade, business or occupation, and destroy the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 9 - Offenses Injurious to Public Health › Article 9.03. Requisites of Bond

Such bond shall be payable to the State of Texas, in a reasonable amount to be fixed by the court, conditioned that the defendant will not carry on such trade, business or occupation, naming the same, at such place, naming the place, or at any other place in the county, to the detriment of the health of the neighborhood.  The bond shall be signed by the defendant and his sureties and dated, and shall be approved by the court taking the same, and filed in such court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 9 - Offenses Injurious to Public Health › Article 9.04. Suit Upon Bond

Any such bond, upon the breach thereof, may be sued upon by the district or county attorney, in the name of the State of Texas, within two years after such breach, and not afterwards;  and such suits shall be governed by the same rules as civil actions.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 9 - Offenses Injurious to Public Health › Article 9.05. Proof

It shall be sufficient proof of the breach of any such bond to show that the party continued after executing the same, to carry on the trade, business or occupation which he bound himself to discontinue;  and the full amount of such bond may be recovered of the defendant and his sureties.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 9 - Offenses Injurious to Public Health › Article 9.06. Unwholesome Food

After conviction for selling unwholesome food or adulterated medicine, the court shall enter and issue an order to the sheriff or other proper officer to seize and destroy such as remains in the hands of the defendant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.01. What Writ Is

The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty.  It is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.02. To Whom Directed

The writ runs in the name of "The State of Texas".  It is addressed to a person having another under restraint, or in his custody, describing, as near as may be, the name of the office, if any, of the person to whom it is directed, and the name of the person said to be detained.  It shall fix the time and place of return, and be signed by the judge, or by the clerk with his seal, where issued by a court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.03. Want of Form

The writ of habeas corpus is not invalid, nor shall it be disobeyed for any want of form, if it substantially appear that it is issued by competent authority, and the writ sufficiently show the object of its issuance.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.04. Construction

Every provision relating to the writ of habeas corpus shall be most favorably construed in order to give effect to the remedy, and protect the rights of the person seeking relief under it.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.05. By Whom Writ May Be Issued

The court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus, and it is their duty, on proper application, to issue the writ under the rules prescribed by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.051. Filing Fee Prohibited

Notwithstanding any other law, a clerk of a court may not require a filing fee from an individual who files an application for a writ of habeas corpus.
Added by Acts 1999, 76th Leg., ch. 392, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.06. Where Writ Is Returnable in Cases Not Involving Felony Conviction

(a)  If the applicant has not been formally charged by indictment or information, the writ must be made returnable to the county in which:
(1)  the applicant is confined to the custody of the sheriff or other authority;
(2)  the applicant is alleged, by any means including the issuance of a warrant for the applicant's arrest or the applicant's arrest pursuant to Chapter 14, to have committed a criminal offense that provides the basis for the restraint from which the application seeks relief; or
(3)  if neither Subdivision (1) nor (2) applies, the action imposing a restraint on the applicant's liberty occurred.
(b)  After the applicant has been charged by indictment or information, and before any conviction of the applicant, the writ must be made returnable to the county in which the indictment or information is pending.
(c)  After final conviction in any misdemeanor case, the writ must be made returnable to the county in which the applicant was convicted.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.07. Procedure After Conviction Without Death Penalty › Section 2.

Sec. 2.  Repealed by Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.07. Procedure After Conviction Without Death Penalty › Section 4.

Sec. 4.  (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 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 application;  or
(2) by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.
(b) For purposes of Subsection (a)(1), a legal basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the legal basis was not recognized by and could not have been reasonably formulated from a final decision of the United States Supreme Court, a court of appeals of the United States, or a court of appellate jurisdiction of this state on or before that date.
(c) For purposes of Subsection (a)(1), a factual basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the factual basis was not ascertainable through the exercise of reasonable diligence on or before that date.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.07. Procedure After Conviction Without Death Penalty › Section 5.

Sec. 5. The Court of Criminal Appeals may deny relief upon the findings and conclusions of the hearing judge without docketing the cause, or may direct that the cause be docketed and heard as though originally presented to said court or as an appeal.  Upon reviewing the record the court shall enter its judgment remanding the applicant to custody or ordering his release, as the law and facts may justify.  The mandate of the court shall issue to the court issuing the writ, as in other criminal cases.  After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.07. Procedure After Conviction Without Death Penalty › Section 6.

Sec. 6. Upon any hearing by a district judge by virtue of this Act, the attorney for applicant, and the state, shall be given at least seven full days' notice before such hearing is held.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.07. Procedure After Conviction Without Death Penalty › Section 7.

Sec. 7. When the attorney for the state files an answer, motion, or other pleading relating to an application for a writ of habeas corpus or the court issues an order relating to an application for a writ of habeas corpus, the clerk of the court shall mail or deliver to the applicant a copy of the answer, motion, pleading, or order.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1734, ch. 659, Sec. 7, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 1271, ch. 465, Sec. 2, eff. June 14, 1973.
Sec. 2 amended by Acts 1977, 65th Leg., p. 1974, ch. 789, Sec. 1, eff. Aug. 29, 1977;  Sec. 5 added by Acts 1979, 66th Leg., p. 1017, ch. 451, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 319, Sec. 5, eff. Sept. 1, 1995;  Sec. 3(b) amended by Acts 1999, 76th Leg., ch. 580, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1006 (H.B. 681), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 78 (S.B. 354), Sec. 1, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 648 (H.B. 833), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 8.01, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.001(a), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 1. Application to Death Penalty Case

Sec. 1. APPLICATION TO DEATH PENALTY CASE.  Notwithstanding any other provision of this chapter, this article establishes the procedures for an application for a writ of habeas corpus in which the applicant seeks relief from a judgment imposing a penalty of death.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 2A. State Reimbursement; County Obligation

Sec. 2A. STATE REIMBURSEMENT;  COUNTY OBLIGATION.    (a)  The state shall reimburse a county for compensation of counsel under Section 2, other than for compensation of counsel employed by the office of capital and forensic writs, and for payment of expenses under Section 3, regardless of whether counsel is employed by the office of capital and forensic writs.  The total amount of reimbursement to which a county is entitled under this section for an application under this article may not exceed $25,000.  Compensation and expenses in excess of the $25,000 reimbursement provided by the state are the obligation of the county.
(b) A convicting court seeking reimbursement for a county shall certify to the comptroller of public accounts the amount of compensation that the county is entitled to receive under this section.  The comptroller of public accounts shall issue a warrant to the county in the amount certified by the convicting court, not to exceed $25,000.
(c) The limitation imposed by this section on the reimbursement by the state to a county for compensation of counsel and payment of reasonable expenses does not prohibit a county from compensating counsel and reimbursing expenses in an amount that is in excess of the amount the county receives from the state as reimbursement, and a county is specifically granted discretion by this subsection to make payments in excess of the state reimbursement.
(d) The comptroller shall reimburse a county for the compensation and payment of expenses of an attorney appointed by the court of criminal appeals under prior law.  A convicting court seeking reimbursement for a county as permitted by this subsection shall certify the amount the county is entitled to receive under this subsection for an application filed under this article, not to exceed a total amount of $25,000.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 3. Investigation of Grounds for Application

Sec. 3. INVESTIGATION OF GROUNDS FOR APPLICATION.    (a)  On appointment, counsel shall investigate expeditiously, before and after the appellate record is filed in the court of criminal appeals, the factual and legal grounds for the filing of an application for a writ of habeas corpus.
(b) Not later than the 30th day before the date the application for a writ of habeas corpus is filed with the convicting court, counsel may file with the convicting court an ex parte, verified, and confidential request for prepayment of expenses, including expert fees, to investigate and present potential habeas corpus claims.  The request for expenses must state:
(1) the claims of the application to be investigated;
(2) specific facts that suggest that a claim of possible merit may exist;  and
(3) an itemized list of anticipated expenses for each claim.
(c) The court shall grant a request for expenses in whole or in part if the request for expenses is timely and reasonable.  If the court denies in whole or in part the request for expenses, the court shall briefly state the reasons for the denial in a written order provided to the applicant.
(d) Counsel may incur expenses for habeas corpus investigation, including expenses for experts, without prior approval by the convicting court or the court of criminal appeals.  On presentation of a claim for reimbursement, which may be presented ex parte, the convicting court shall order reimbursement of counsel for expenses, if the expenses are reasonably necessary and reasonably incurred.  If the convicting court denies in whole or in part the request for expenses, the court shall briefly state the reasons for the denial in a written order provided to the applicant.  The applicant may request reconsideration of the denial for reimbursement by the convicting court.
(e) Materials submitted to the court under this section are a part of the court's record.
(f)  This section applies to counsel's investigation of the factual and legal grounds for the filing of an application for a writ of habeas corpus, regardless of whether counsel is employed by the office of capital and forensic writs.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 4. Filing of Application

Sec. 4. FILING OF APPLICATION.    (a)  An application for a writ of habeas corpus, returnable to the court of criminal appeals, must be filed in the convicting court not later than the 180th day after the date the convicting court appoints counsel under Section 2 or not later than the 45th day after the date the state's original brief is filed on direct appeal with the court of criminal appeals, whichever date is later.
(b) The convicting court, before the filing date that is applicable to the applicant under Subsection (a), may for good cause shown and after notice and an opportunity to be heard by the attorney representing the state grant one 90-day extension that begins on the filing date applicable to the defendant under Subsection (a).  Either party may request that the court hold a hearing on the request.  If the convicting court finds that the applicant cannot establish good cause justifying the requested extension, the court shall make a finding stating that fact and deny the request for the extension.
(c) An application filed after the filing date that is applicable to the applicant under Subsection (a) or (b) is untimely.
(d) If the convicting court receives an untimely application or determines that after the filing date that is applicable to the applicant under Subsection (a) or (b) no application has been filed, the convicting court immediately, but in any event within 10 days, shall send to the court of criminal appeals and to the attorney representing the state:
(1) a copy of the untimely application, with a statement of the convicting court that the application is untimely, or a statement of the convicting court that no application has been filed within the time periods required by Subsections (a) and (b);  and
(2) any order the judge of the convicting court determines should be attached to an untimely application or statement under Subdivision (1).
(e) A failure to file an application before the filing date applicable to the applicant under Subsection (a) or (b) constitutes a waiver of all grounds for relief that were available to the applicant before the last date on which an application could be timely filed, except as provided by Section 4A.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 4A. Untimely Application; Application Not Filed

Sec. 4A. UNTIMELY APPLICATION;  APPLICATION NOT FILED.    (a)  On command of the court of criminal appeals, a counsel who files an untimely application or fails to file an application before the filing date applicable under Section 4(a) or (b) shall show cause as to why the application was untimely filed or not filed before the filing date.
(b) At the conclusion of the counsel's presentation to the court of criminal appeals, the court may:
(1) find that good cause has not been shown and dismiss the application;
(2) permit the counsel to continue representation of the applicant and establish a new filing date for the application, which may be not more than 180 days from the date the court permits the counsel to continue representation;  or
(3) appoint new counsel to represent the applicant and establish a new filing date for the application, which may be not more than 270 days after the date the court appoints new counsel.
(c) The court of criminal appeals may hold in contempt counsel who files an untimely application or fails to file an application before the date required by Section 4(a) or (b).  The court of criminal appeals may punish as a separate instance of contempt each day after the first day on which the counsel fails to timely file the application.  In addition to or in lieu of holding counsel in contempt, the court of criminal appeals may enter an order denying counsel compensation under Section 2A.
(d) If the court of criminal appeals establishes a new filing date for the application, the court of criminal appeals shall notify the convicting court of that fact and the convicting court shall proceed under this article.
(e)  Sections 2A and 3 apply to compensation and reimbursement of counsel appointed under Subsection (b)(3) in the same manner as if counsel had been appointed by the convicting court, unless the attorney is employed by the office of capital and forensic writs, in which case the compensation of that attorney is governed by Subchapter B, Chapter 78, Government Code.
(f)  Notwithstanding any other provision of this article, the court of criminal appeals shall appoint counsel and establish a new filing date for application, which may be no later than the 270th day after the date on which counsel is appointed, for each applicant who before September 1, 1999, filed an untimely application or failed to file an application before the date required by Section 4(a) or (b).  Section 2A applies to the compensation and payment of expenses of counsel appointed by the court of criminal appeals under this subsection, unless the attorney is employed by the office of capital and forensic writs, in which case the compensation of that attorney is governed by Subchapter B, Chapter 78, Government Code.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 6. Issuance of Writ

Sec. 6. ISSUANCE OF WRIT.    (a)  If a timely application for a writ of habeas corpus is filed in the convicting court, a writ of habeas corpus, returnable to the court of criminal appeals, shall issue by operation of law.
(b) If the convicting court receives notice that the requirements of Section 5 for consideration of a subsequent application have been met, a writ of habeas corpus, returnable to the court of criminal appeals, shall issue by operation of law.
(b-1)  If the convicting court receives notice that the requirements of Section 5(a) for consideration of a subsequent application have been met and if the applicant has not elected to proceed pro se and is not represented by retained counsel, the convicting court shall appoint, in order of priority:
(1)  the attorney who represented the applicant in the proceedings under Section 5, if the attorney seeks the appointment;
(2)  the office of capital and forensic writs, if the office represented the applicant in the proceedings under Section 5 or otherwise accepts the appointment; or
(3)  counsel from a list of competent counsel maintained by the presiding judges of the administrative judicial regions under Section 78.056, Government Code, if the office of capital and forensic writs:
(A)  did not represent the applicant as described by Subdivision (2); or
(B)  does not accept or is prohibited from accepting the appointment under Section 78.054, Government Code.
(b-2)  Regardless of whether the subsequent application is ultimately dismissed, compensation and reimbursement of expenses for counsel appointed under Subsection (b-1) shall be provided as described by Section 2, 2A, or 3, including compensation for time previously spent and reimbursement of expenses previously incurred with respect to the subsequent application.
(c)  The clerk of the convicting court shall:
(1)  make an appropriate notation that a writ of habeas corpus was issued;
(2)  assign to the case a file number that is ancillary to that of the conviction being challenged; and
(3)  send a copy of the application by certified mail, return receipt requested, or by secure electronic mail to the attorney representing the state in that court.
(d) The clerk of the convicting court shall promptly deliver copies of documents submitted to the clerk under this article to the applicant and the attorney representing the state.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 7. Answer to Application

Sec. 7. ANSWER TO APPLICATION.    (a)  The state shall file an answer to the application for a writ of habeas corpus not later than the 120th day after the date the state receives notice of issuance of the writ.  The state shall serve the answer on counsel for the applicant or, if the applicant is proceeding pro se, on the applicant.  The state may request from the convicting court an extension of time in which to answer the application by showing particularized justifying circumstances for the extension, but in no event may the court permit the state to file an answer later than the 180th day after the date the state receives notice of issuance of the writ.
(b) Matters alleged in the application not admitted by the state are deemed denied.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 11 - Habeas Corpus › Article 11.071. Procedure in Death Penalty Case › Section 8. Findings of Fact Without Evidentiary Hearing

Sec. 8. FINDINGS OF FACT WITHOUT EVIDENTIARY HEARING.    (a)  Not later than the 20th day after the last date the state answers the application, the convicting court shall determine whether controverted, previously unresolved factual issues material to the legality of the applicant's confinement exist and shall issue a written order of the determination.
(b) If the convicting court determines the issues do not exist, the parties shall file proposed findings of fact and conclusions of law for the court to consider on or before a date set by the court that is not later than the 30th day after the date the order is issued.
(c) After argument of counsel, if requested by the court, the convicting court shall make appropriate written findings of fact and conclusions of law not later than the 15th day after the date the parties filed proposed findings or not later than the 45th day after the date the court's determination is made under Subsection (a), whichever occurs first.
(d) The clerk of the court shall immediately send to:
(1) the court of criminal appeals a copy of the:
(A) application;
(B) answer;
(C) orders entered by the convicting court;
(D) proposed findings of fact and conclusions of law;  and
(E) findings of fact and conclusions of law entered by the court;  and
(2) counsel for the applicant or, if the applicant is proceeding pro se, to the applicant, a copy of:
(A) orders entered by the convicting court;
(B) proposed findings of fact and conclusions of law;  and
(C) findings of fact and conclusions of law entered by the court.