CODE OF CRIMINAL PROCEDURE
CHAPTER 11. HABEAS CORPUS

Art. 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.
Art. 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.
Art. 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.
Art. 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.
Art. 11.05. BY WHOM WRIT MAY BE GRANTED.  The Court of Criminal Appeals, the District
Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of
habeas corpus;  and it is their duty, upon proper motion, to grant the writ under the rules
prescribed by law.
Art. 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 or petition for a writ of
habeas corpus.
Art. 11.06. RETURNABLE TO ANY COUNTY.  Before indictment found, the writ may be made
returnable to any county in the State.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.07. PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTY.
Sec. 1. This article establishes the procedures for an application for writ of habeas corpus in
which the applicant seeks relief from a felony judgment imposing a penalty other than
death.
Sec. 2. After indictment found in any felony case, other than a case in which the death
penalty is imposed, and before conviction, the writ must be made returnable in the county
where the offense has been committed.
Sec. 3. (a) After final conviction in any felony case, the writ must be made returnable to the
Court of Criminal Appeals of Texas at Austin, Texas.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other
than a case in which the death penalty is imposed, must be filed with the clerk of the court
in which the conviction being challenged was obtained, and the clerk shall assign the
application to that court. When the application is received by that court, a writ of habeas
corpus, returnable to the Court of Criminal Appeals, shall issue by operation of law.  The
clerk of that court shall make appropriate notation thereof, assign to the case a file number
(ancillary to that of the conviction being challenged), and forward a copy of the application
by certified mail, return receipt requested, or by personal service to the attorney
representing the state in that court, who shall answer the application not later than the 15th
day after the date the copy of the application is received.  Matters alleged in the application
not admitted by the state are deemed denied.
(c) Within 20 days of the expiration of the time in which the state is allowed to answer, it
shall be the duty of the convicting court to decide whether there are controverted, previously
unresolved facts material to the legality of the applicant's confinement.  Confinement
means confinement for any offense or any collateral consequence resulting from the
conviction that is the basis of the instant habeas corpus.  If the convicting court decides that
there are no such issues, the clerk shall immediately transmit to the Court of Criminal
Appeals a copy of the application , any answers filed, and a certificate reciting the date
upon which that finding was made.  Failure of the court to act within the allowed 20 days
shall constitute such a finding.
(d)  If the convicting court decides that there are controverted, previously unresolved facts
which are material to the legality of the applicant's confinement, it shall enter an order
within 20 days of the expiration of the time allowed for the state to reply, designating the
issues of fact to be resolved.  To resolve those issues the court may order affidavits,
depositions, interrogatories, additional forensic testing, and hearings, as well as using
personal recollection. The state shall pay the cost of additional forensic testing ordered
under this subsection, except that the applicant shall pay the cost of the testing if the
applicant retains counsel for purposes of filing an application under this article.  The
convicting court may appoint an attorney or a magistrate to hold a hearing and make
findings of fact.  An attorney so appointed shall be compensated as provided in Article
26.05 of this code.  It shall be the duty of the reporter who is designated to transcribe a
hearing held pursuant to this article to prepare a transcript within 15 days of its conclusion.  
After the convicting court makes findings of fact or approves the findings of the person
designated to make them, the clerk of the convicting court shall immediately transmit to
the Court of Criminal Appeals, under one cover, the application, any answers filed, any
motions filed, transcripts of all depositions and hearings, any affidavits, and any other
matters such as official records used by the court in resolving issues of fact.
(e)  For the purposes of Subsection (d), "additional forensic testing" does not include
forensic DNA testing as provided for in Chapter 64.
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.
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.
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.
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, Sec. 1, eff. September 1, 2007.
Art. 11.071. PROCEDURE IN DEATH PENALTY CASE.
Application to Death Penalty Case
Sec. 1. 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.
Representation by Counsel
Sec. 2. (a) An applicant shall be represented by competent counsel unless the applicant has
elected to proceed pro se and the convicting trial court finds, after a hearing on the record,
that the applicant's election is intelligent and voluntary.
(b) If a defendant is sentenced to death the convicting court, immediately after judgment is
entered under Article 42.01, shall determine if the defendant is indigent and, if so, whether
the defendant desires appointment of counsel for the purpose of a writ of habeas corpus.
(c) At the earliest practical time, but in no event later than 30 days, after the convicting
court makes the findings required under Subsections (a) and (b), the convicting court shall
appoint competent counsel, unless the applicant elects to proceed pro se or is represented
by retained counsel.  On appointing counsel under this section, the convicting court shall
immediately notify the court of criminal appeals of the appointment, including in the notice
a copy of the judgment and the name, address, and telephone number of the appointed
counsel.
(d)  The court of criminal appeals shall adopt rules for the appointment of attorneys as
counsel under this section and the convicting court may appoint an attorney as counsel
under this section only if the appointment is approved by the court of criminal appeals in
any manner provided by those rules.  The rules must require that an attorney appointed as
lead counsel under this section not have been found by a federal or state court to have
rendered ineffective assistance of counsel during the trial or appeal of any capital case.
(e) If the court of criminal appeals denies an applicant relief under this article, an attorney
appointed under this section to represent the applicant shall, not later than the 15th day
after the date the court of criminal appeals denies relief or, if the case is filed and set for
submission, the 15th day after the date the court of criminal appeals issues a mandate on
the initial application for a writ of habeas corpus under this article, move to be appointed as
counsel in federal habeas review under 21 U.S.C. Section 848(q) or equivalent provision or,
if necessary, move for the appointment of other counsel under 21 U.S.C. Section 848(q) or
equivalent provision.  The attorney shall immediately file a copy of the motion with the
court of criminal appeals, and if the attorney fails to do so, the court may take any action to
ensure that the applicant's right to federal habeas review is protected, including initiating
contempt proceedings against the attorney.
(f) The convicting court shall reasonably compensate as provided by Section 2A an attorney
appointed under this section, regardless of whether the attorney is appointed by the
convicting court or was appointed by the court of criminal appeals under prior law.
State Reimbursement;  County Obligation
Sec. 2A. (a) The state shall reimburse a county for compensation of counsel under Section
2 and payment of expenses under Section 3.  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.
Investigation of Grounds for Application
Sec. 3. (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.
Filing of Application
Sec. 4. (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.
Untimely Application;  Application Not Filed
Sec. 4A. (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.
(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.
Subsequent Application
Sec. 5.  (a)  If a subsequent application for a writ of habeas corpus is filed after filing an
initial application, 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 a timely initial application or in a previously considered application filed under
this article or Article 11.07 because the factual or legal basis for the claim was unavailable
on the date the applicant filed the previous application;
(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; or
(3)  by clear and convincing evidence, but for a violation of the United States Constitution
no rational juror would have answered in the state's favor one or more of the special issues
that were submitted to the jury in the applicant's trial under Article 37.071, 37.0711, or
37.072.
(b) If the convicting court receives a subsequent application, the clerk of the court shall:
(1) attach a notation that the application is a subsequent application;
(2) assign to the case a file number that is ancillary to that of the conviction being
challenged;  and
(3) immediately send to the court of criminal appeals a copy of:
(A) the application;
(B) the notation;
(C) the order scheduling the applicant's execution, if scheduled;  and
(D) any order the judge of the convicting court directs to be attached to the application.
(c) On receipt of the copies of the documents from the clerk, the court of criminal appeals
shall determine whether the requirements of Subsection (a) have been satisfied.  The
convicting court may not take further action on the application before the court of criminal
appeals issues an order finding that the requirements have been satisfied.  If the court of
criminal appeals determines that the requirements have not been satisfied, the court shall
issue an order dismissing the application as an abuse of the writ under this section.
(d) 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 or 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.
(e) 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.
(f) If an amended or supplemental application is not filed within the time specified under
Section 4(a) or (b), the court shall treat the application as a subsequent application under
this section.
Issuance of Writ
Sec. 6. (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.
(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, 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.
Answer to Application
Sec. 7. (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.
Findings of Fact Without Evidentiary Hearing
Sec. 8. (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.
Hearing
Sec. 9. (a) If the convicting court determines that controverted, previously unresolved
factual issues material to the legality of the applicant's confinement exist, the court shall
enter an order, not later than the 20th day after the last date the state answers the
application, designating the issues of fact to be resolved and the manner in which the
issues shall be resolved.  To resolve the issues, the court may require affidavits,
depositions, interrogatories, and evidentiary hearings and may use personal recollection.
(b) The convicting court shall hold the evidentiary hearing not later than the 30th day after
the date on which the court enters the order designating issues under Subsection (a).  The
convicting court may grant a motion to postpone the hearing, but not for more than 30
days, and only if the court states, on the record, good cause for delay.
(c) The presiding judge of the convicting court shall conduct a hearing held under this
section unless another judge presided over the original capital felony trial, in which event
that judge, if qualified for assignment under Section 74.054 or 74.055, Government Code,
may preside over the hearing.
(d) The court reporter shall prepare a transcript of the hearing not later than the 30th day
after the date the hearing ends and file the transcript with the clerk of the convicting court.
(e) The parties shall file proposed findings of fact and conclusions of law for the convicting
court to consider on or before a date set by the court that is not later than the 30th day
after the date the transcript is filed.  If the court requests argument of counsel, after
argument the court shall make written findings of fact that are necessary to resolve the
previously unresolved facts and make conclusions of law not later than the 15th day after
the date the parties file proposed findings or not later than the 45th day after the date the
court reporter files the transcript, whichever occurs first.
(f) The clerk of the convicting court shall immediately transmit to:
(1) the court of criminal appeals a copy of:
(A) the application;
(B) the answers and motions filed;
(C) the court reporter's transcript;
(D) the documentary exhibits introduced into evidence;
(E) the proposed findings of fact and conclusions of law;
(F) the findings of fact and conclusions of law entered by the court;
(G) the sealed materials such as a confidential request for investigative expenses;  and
(H) any other matters used by the convicting court in resolving issues of fact;  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.
(g) The clerk of the convicting court shall forward an exhibit that is not documentary to the
court of criminal appeals on request of the court.
Rules of Evidence
Sec. 10. The Texas Rules of Criminal Evidence apply to a hearing held under this article.
Review by Court of Criminal Appeals
Sec. 11. The court of criminal appeals shall expeditiously review all applications for a writ of
habeas corpus submitted under this article.  The court may set the cause for oral argument
and may request further briefing of the issues by the applicant or the state.  After reviewing
the record, the court shall enter its judgment remanding the applicant to custody or ordering
the applicant's release, as the law and facts may justify.
Added by Acts 1995, 74th Leg., ch. 319, Sec. 1, eff. Sept. 1, 1995.  Sec. 4(a), (h) amended
by Acts 1997, 75th Leg., ch. 1336, Sec. 1, eff. Sept. 1, 1997;  Sec. 5(a), (b) amended by
Acts 1997, 75th Leg., ch. 1336, Sec. 2, eff. Sept. 1, 1997;  Sec. 7(a) amended by Acts
1997, 75th Leg., ch. 1336, Sec. 3, eff. Sept. 1, 1997;  Sec. 8 amended by Acts 1997, 75th
Leg., ch. 1336, Sec. 4, eff. Sept. 1, 1997;  Sec. 9(a), (e) amended by Acts 1997, 75th Leg.,
ch. 1336, Sec. 5, eff. Sept. 1, 1997;  Sec. 2 amended by Acts 1999, 76th Leg., ch. 803,
Sec. 1, eff. Sept. 1, 1999;  Sec. 2A added by Acts 1999, 76th Leg., ch. 803, Sec. 2, eff.
Sept. 1, 1999;  Sec. 3(b), (d) amended by Acts 1999, 76th Leg., ch. 803, Sec. 3, eff. Sept.
1, 1999;  Sec. 4 amended by Acts 1999, 76th Leg., ch. 803, Sec. 4, eff. Sept. 1, 1999;  
Sec. 4A added by Acts 1999, 76th Leg., ch. 803, Sec. 5, eff. Sept. 1, 1999;  Sec. 5 heading
amended by Acts 1999, 76th Leg., ch. 803, Sec. 7, eff. Sept. 1, 1999;  Sec. 5(a), (b)
amended by and Sec. 5(f) added by Acts 1999, 76th Leg., ch. 803, Sec. 6, eff. Sept. 1,
1999;  Sec. 6(b) amended by Acts 1999, 76th Leg., ch. 803, Sec. 8, eff. Sept. 1, 1999;  
Sec. 7(a) amended by Acts 1999, 76th Leg., ch. 803, Sec. 9, eff. Sept. 1, 1999;  Sec. 9(b)
amended by Acts 1999, 76th Leg., ch. 803, Sec. 10, eff. Sept. 1, 1999;  Sec. 2(f) amended
by Acts 2003, 78th Leg., ch. 315, Sec. 1, eff. Sept. 1, 2003;  Sec. 2A(d) added by Acts
2003, 78th Leg., ch. 315, Sec. 2, eff. Sept. 1, 2003;  Sec. 3(d) amended by Acts 2003, 78th
Leg., ch. 315, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 787, Sec. 13, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 965, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.06, eff. September 1, 2007.
Art. 11.072. PROCEDURE IN COMMUNITY SUPERVISION CASE.
Sec. 1. This article establishes the procedures for an application for a writ of habeas corpus
in a felony or misdemeanor case in which the applicant seeks relief from an order or a
judgment of conviction ordering community supervision.
Sec. 2. (a) An application for a writ of habeas corpus under this article must be filed with the
clerk of the court in which community supervision was imposed.
(b) At the time the application is filed, the applicant must be, or have been, on community
supervision, and the application must challenge the legal validity of:
(1) the conviction for which or order in which community supervision was imposed;  or
(2) the conditions of community supervision.
Sec. 3. (a) An application may not be filed under this article if the applicant could obtain the
requested relief by means of an appeal under Article 44.02 and Rule 25.2, Texas Rules of
Appellate Procedure.
(b) An applicant seeking to challenge a particular condition of community supervision but
not the legality of the conviction for which or the order in which community supervision was
imposed must first attempt to gain relief by filing a motion to amend the conditions of
community supervision.
(c) An applicant may challenge a condition of community supervision under this article only
on constitutional grounds.
Sec. 4. (a) When an application is filed under this article, a writ of habeas corpus issues by
operation of law.
(b) At the time the application is filed, the clerk of the court shall assign the case a file
number ancillary to that of the judgment of conviction or order being challenged.
Sec. 5. (a) Immediately on filing an application, the applicant shall serve a copy of the
application on the attorney representing the state, by either certified mail, return receipt
requested, or personal service.
(b) The state may file an answer within the period established by Subsection (c), but is not
required to file an answer.
(c) The state may not file an answer after the 30th day after the date of service, except
that for good cause the convicting court may grant the state one 30-day extension.
(d) Any answer, motion, or other document filed by the state must be served on the
applicant by certified mail, return receipt requested, or by personal service.
(e) Matters alleged in the application not admitted by the state are considered to have
been denied.
Sec. 6. (a) Not later than the 60th day after the day on which the state's answer is filed, the
trial court shall enter a written order granting or denying the relief sought in the application.
(b) In making its determination, the court may order affidavits, depositions, interrogatories,
or a hearing, and may rely on the court's personal recollection.
(c) If a hearing is ordered, the hearing may not be held before the eighth day after the day
on which the applicant and the state are provided notice of the hearing.
(d) The court may appoint an attorney or magistrate to hold a hearing ordered under this
section and make findings of fact.  An attorney appointed under this subsection is entitled
to compensation as provided by Article 26.05.
Sec. 7. (a) If the court determines from the face of an application or documents attached to
the application that the applicant is manifestly entitled to no relief, the court shall enter a
written order denying the application as frivolous.  In any other case, the court shall enter a
written order including findings of fact and conclusions of law.  The court may require the
prevailing party to submit a proposed order.
(b) At the time an order is entered under this section, the clerk of the court shall
immediately, by certified mail, return receipt requested, send a copy of the order to the
applicant and to the state.
Sec. 8. If the application is denied in whole or part, the applicant may appeal under Article
44.02 and Rule 31, Texas Rules of Appellate Procedure.  If the application is granted in
whole or part, the state may appeal under Article 44.01 and Rule 31, Texas Rules of
Appellate Procedure.
Sec. 9. (a) If a subsequent application for a writ of habeas corpus is filed after final
disposition of an initial application under this article, 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 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.
(b) For purposes of Subsection (a), a legal basis of a claim is unavailable on or before a
date described by that subsection 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), a factual basis of a claim is unavailable on or before a
date described by that subsection if the factual basis was not ascertainable through the
exercise of reasonable diligence on or before that date.
Added by Acts 2003, 78th Leg., ch. 587, Sec. 1, eff. June 20, 2003.
Art. 11.08. APPLICANT CHARGED WITH FELONY.  If a person is confined after indictment on
a charge of felony, he may apply to the judge of the court in which he is indicted;  or if
there be no judge within the district, then to the judge of any district whose residence is
nearest to the court house of the county in which the applicant is held in custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.09. APPLICANT CHARGED WITH MISDEMEANOR.  If a person is confined on a charge
of misdemeanor, he may apply to the county judge of the county in which the misdemeanor
is charged to have been committed, or if there be no county judge in said county, then to
the county judge whose residence is nearest to the courthouse of the county in which the
applicant is held in custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.10. PROCEEDINGS UNDER THE WRIT.  When motion has been made to a judge
under the circumstances set forth in the two preceding Articles, he shall appoint a time when
he will examine the cause of the applicant, and issue the writ returnable at that time, in the
county where the offense is charged in the indictment or information to have been
committed.  He shall also specify some place in the county where he will hear the motion.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.11. EARLY HEARING.  The time so appointed shall be the earliest day which the
judge can devote to hearing the cause of the applicant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.12. WHO MAY PRESENT PETITION.  Either the party for whose relief the writ is
intended, or any person for him, may present a petition to the proper authority for the
purpose of obtaining relief.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.13. APPLICANT.  The word applicant, as used in this Chapter, refers to the person for
whose relief the writ is asked, though the petition may be signed and presented by any
other person.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.14. REQUISITES OF PETITION.  The petition must state substantially:
1. That the person for whose benefit the application is made is illegally restrained in his
liberty, and by whom, naming both parties, if their names are known, or if unknown,
designating and describing them;
2. When the party is confined or restrained by virtue of any writ, order or process, or under
color of either, a copy shall be annexed to the petition, or it shall be stated that a copy
cannot be obtained;
3. When the confinement or restraint is not by virtue of any writ, order or process, the
petition may state only that the party is illegally confined or restrained in his liberty;
4. There must be a prayer in the petition for the writ of habeas corpus;  and
5. Oath must be made that the allegations of the petition are true, according to the belief
of the petitioner.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.15. WRIT GRANTED WITHOUT DELAY.  The writ of habeas corpus shall be granted
without delay by the judge or court receiving the petition, unless it be manifest from the
petition itself, or some documents annexed to it, that the party is entitled to no relief
whatever.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.16. WRIT MAY ISSUE WITHOUT MOTION.  A judge of the district or county court who
has knowledge that any person is illegally confined or restrained in his liberty within his
district or county may, if the case be one within his jurisdiction, issue the writ of habeas
corpus, without any motion being made for the same.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.17. JUDGE MAY ISSUE WARRANT OF ARREST.  Whenever it appears by satisfactory
evidence to any judge authorized to issue such writ that any one is held in illegal
confinement or custody, and there is good reason to believe that he will be carried out of
the State, or suffer some irreparable injury before he can obtain relief in the usual course of
law, or whenever the writ of habeas corpus has been issued and disregarded, the said judge
may issue a warrant to any peace officer, or to any person specially named by said judge,
directing him to take and bring such person before such judge, to be dealt with according to
law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.18. MAY ARREST DETAINER.  Where it appears by the proof offered, under
circumstances mentioned in the preceding Article, that the person charged with having
illegal custody of the prisoner is, by such act, guilty of an offense against the law, the judge
may, in the warrant, order that he be arrested and brought before him;  and upon
examination, he may be committed, discharged, or held to bail, as the law and the nature
of the case may require.
Acts 1965, 59th, Leg., vol. 2, p. 317, ch. 722.
Art. 11.19. PROCEEDINGS UNDER THE WARRANT.  The officer charged with the execution of
the warrant shall bring the persons therein mentioned before the judge or court issuing the
same, who shall inquire into the cause of the imprisonment or restraint, and make an order
thereon, as in cases of habeas corpus, either remanding into custody, discharging or
admitting to bail the party so imprisoned or restrained.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.20. OFFICER EXECUTING WARRANT.  The same power may be exercised by the
officer executing the warrant in cases arising under the foregoing Articles as is exercised in
the execution of warrants of arrest.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.21. CONSTRUCTIVE CUSTODY.  The words "confined", "imprisoned", "in custody",
"confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention
of a person, but likewise to any coercive measures by threats, menaces or the fear of
injury, whereby one person exercises a control over the person of another, and detains him
within certain limits.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.22. RESTRAINT.  By "restraint" is meant the kind of control which one person
exercises over another, not to confine him within certain limits, but to subject him to the
general authority and power of the person claiming such right.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.23. SCOPE OF WRIT.  The writ of habeas corpus is intended to be applicable to all
such cases of confinement and restraint, where there is no lawful right in the person
exercising the power, or where, though the power in fact exists, it is exercised in a manner
or degree not sanctioned by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.24. ONE COMMITTED IN DEFAULT OF BAIL.  Where a person has been committed to
custody for failing to enter into bond, he is entitled to the writ of habeas corpus, if it be
stated in the petition that there was no sufficient cause for requiring bail, or that the bail
required is excessive.  If the proof sustains the petition, it will entitle the party to be
discharged, or have the bail reduced.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.25. PERSON AFFLICTED WITH DISEASE.  When a judge or court authorized to grant
writs of habeas corpus shall be satisfied, upon investigation, that a person in legal custody
is afflicted with a disease which will render a removal necessary for the preservation of life,
an order may be made for the removal of the prisoner to some other place where his health
will not be likely to suffer;  or he may be admitted to bail when it appears that any species
of confinement will endanger his life.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.26. WHO MAY SERVE WRIT.  The service of the writ may be made by any person
competent to testify.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.27. HOW WRIT MAY BE SERVED AND RETURNED.  The writ may be served by
delivering a copy of the original to the person who is charged with having the party under
restraint or in custody, and exhibiting the original, if demanded;  if he refuse to receive it,
he shall be informed verbally of the purport of the writ.  If he refuses admittance to the
person wishing to make the service, or conceals himself, a copy of the writ may be fixed
upon some conspicuous part of the house where such person resides or conceals himself, or
of the place where the prisoner is confined;  and the person serving the writ of habeas
corpus shall, in all cases, state fully, in his return, the manner and the time of the service
of the writ.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.28. RETURN UNDER OATH.  The return of a writ of habeas corpus, under the
provisions of the preceding Article, if made by any person other than an officer, shall be
under oath.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.29. MUST MAKE RETURN.  The person on whom the writ of habeas corpus is served
shall immediately obey the same, and make the return required by law upon the copy of
the original writ served on him, and this, whether the writ be directed to him or not.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.30. HOW RETURN IS MADE.  The return is made by stating in plain language upon
the copy of the writ or some paper connected with it:
1. Whether it is true or not, according to the statement of the petition, that he has in his
custody, or under his restraint, the person named or described in such petition;
2. By virtue of what authority, or for what cause, he took and detains such person;
3. If he had such person in his custody or under restraint at any time before the service of
the writ, and has transferred him to the custody of another, he shall state particularly to
whom, at what time, for what reason or by what authority he made such transfer;
4. He shall annex to his return the writ or warrant, if any, by virtue of which he holds the
person in custody;  and
5. The return must be signed and sworn to by the person making it.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.31. APPLICANT BROUGHT BEFORE JUDGE.  The person on whom the writ is served
shall bring before the judge the person in his custody, or under his restraint, unless it be
made to appear that by reason of sickness he cannot be removed;  in which case, another
day may be appointed by the judge or court for hearing the cause, and for the production of
the person confined;  or the application may be heard and decided without the production
of the person detained, by the consent of his counsel.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.32. CUSTODY PENDING EXAMINATION.  When the return of the writ has been made,
and the applicant brought before the court, he is no longer detained on the original warrant
or process, but under the authority of the habeas corpus.  The safekeeping of the prisoner,
pending the examination or hearing, is entirely under the direction and authority of the
judge or court issuing the writ, or to which the return is made.  He may be bailed from day
to day, or be remanded to the same jail whence he came, or to any other place of
safekeeping under the control of the judge or court, till the case is finally determined.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.33. COURT SHALL ALLOW TIME.  The court or judge granting the writ of habeas
corpus shall allow reasonable time for the production of the person detained in custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.34. DISOBEYING WRIT.  When service has been made upon a person charged with
the illegal custody of another, if he refuses to obey the writ and make the return required
by law, or, if he refuses to receive the writ, or conceals himself, the court or judge issuing
the writ shall issue a warrant directed to any officer or other suitable person willing to
execute the same, commanding him to arrest the person charged with the illegal custody or
detention of another, and bring him before such court or judge.  When such person has
been arrested and brought before the court or judge, if he still refuses to return the writ, or
does not produce the person in his custody, he shall be committed to jail and remain there
until he is willing to obey the writ of habeas corpus, and until he pays all the costs of the
proceeding.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.35. FURTHER PENALTY FOR DISOBEYING WRIT.  Any person disobeying the writ of
habeas corpus shall also be liable to a civil action at the suit of the party detained, and
shall pay in such suit fifty dollars for each day of illegal detention and restraint, after service
of the writ.  It shall be deemed that a person has disobeyed the writ who detains a prisoner
a longer time than three days after service thereof, unless where further time is allowed in
the writ for making the return thereto.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.36. APPLICANT MAY BE BROUGHT BEFORE COURT.  In case of disobedience of the
writ of habeas corpus, the person for whose relief it is intended may also be brought before
the court or judge having competent authority, by an order for that purpose, issued to any
peace officer or other proper person specially named.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.37. DEATH, ETC., SUFFICIENT RETURN OF WRIT.  It is a sufficient return of the writ
of habeas corpus that the person, once detained, has died or escaped, or that by some
superior force he has been taken from the custody of the person making the return;  but
where any such cause shall be assigned, the court or judge shall proceed to hear testimony;
 and the facts stated in the return shall be proved by satisfactory evidence.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.38. WHEN A PRISONER DIES.  When a prisoner confined in jail, or who is in legal
custody, shall die, the officer having charge of him shall forthwith report the same to a
justice of the peace of the county, who shall hold an inquest to ascertain the cause of his
death.  All the proceedings had in such cases shall be reduced to writing, certified and
returned as in other cases of inquest;  a certified copy of which shall be sufficient proof of
the death of the prisoner at the hearing of a motion under habeas corpus.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.39. WHO SHALL REPRESENT THE STATE.  If neither the county nor the district
attorney be present, the judge may appoint some qualified practicing attorney to represent
the State, who shall be paid the same fee allowed district attorneys for like services.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.40. PRISONER DISCHARGED.  The judge or court before whom a person is brought
by writ of habeas corpus shall examine the writ and the papers attached to it;  and if no
legal cause be shown for the imprisonment or restraint, or if it appear that the
imprisonment or restraint, though at first legal, cannot for any cause be lawfully prolonged,
the applicant shall be discharged.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.41. WHERE PARTY IS INDICTED FOR CAPITAL OFFENSE.  If it appears by the return
and papers attached that the party stands indicted for a capital offense, the judge or court
having jurisdiction of the case shall, nevertheless, proceed to hear such testimony as may
be offered on the part of the State and the applicant, and may either remand or admit him
to bail, as the law and the facts may justify.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.42. IF COURT HAS NO JURISDICTION.  If it appear by the return and papers
attached that the judge or court has no jurisdiction, such court or judge shall at once
remand the applicant to the person from whose custody he has been taken.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.43. PRESUMPTION OF INNOCENCE.  No presumption of guilt arises from the mere
fact that a criminal accusation has been made before a competent authority.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.44. ACTION OF COURT UPON EXAMINATION.  The judge or court, after having
examined the return and all documents attached, and heard the testimony offered on both
sides, shall, according to the facts and circumstances of the case, proceed either to remand
the party into custody, admit him to bail or discharge him;  provided, that no defendant
shall be discharged after indictment without bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.45. VOID OR INFORMAL.  If it appears that the applicant is detained or held under a
warrant of commitment which is informal, or void;  yet, if from the document on which the
warrant was based, or from the proof on the hearing of the habeas corpus, it appears that
there is probable cause to believe that an offense has been committed by the prisoner, he
shall not be discharged, but shall be committed or held to bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.46. IF PROOF SHOWS OFFENSE.  Where, upon an examination under habeas corpus,
it appears to the court or judge that there is probable cause to believe that an offense has
been committed by the prisoner, he shall not be discharged, but shall be committed or
admitted to bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.47. MAY SUMMON MAGISTRATE.  To ascertain the grounds on which an informal or
void warrant has been issued, the judge or court may cause to be summoned the
magistrate who issued the warrant, and may, by an order, require him to bring with him all
the papers and proceedings touching the matter.  The attendance of such magistrate and
the production of such papers may be enforced by warrant of arrest.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.48. WRITTEN ISSUE NOT NECESSARY.  It shall not be necessary, on the trial of any
cause arising under habeas corpus, to make up a written issue, though it may be done by
the applicant for the writ.  He may except to the sufficiency of, or controvert the return or
any part thereof, or allege any new matter in avoidance.  If written denial on his part be not
made, it shall be considered, for the purpose of investigation, that the statements of said
return are contested by a denial of the same;  and the proof shall be heard accordingly,
both for and against the applicant for relief.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.49. ORDER OF ARGUMENT.  The applicant shall have the right by himself or counsel
to open and conclude the argument upon the trial under habeas corpus.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.50. COSTS.  The judge trying the cause under habeas corpus may make such order
as is deemed right concerning the cost of bringing the defendant before him, and all other
costs of the proceeding, awarding the same either against the person to whom the writ was
directed, the person seeking relief, or may award no costs at all.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.51. RECORD OF PROCEEDINGS.  If a writ of habeas corpus be made returnable
before a court in session, all the proceedings had shall be entered of record by the clerk
thereof, as in any other case in such court.  When the motion is heard out of the county
where the offense was committed, or in the Court of Criminal Appeals, the clerk shall
transmit a certified copy of all the proceedings upon the motion to the clerk of the court
which has jurisdiction of the offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.52. PROCEEDINGS HAD IN VACATION.  If the return is made and the proceedings
had before a judge of a court in vacation, he shall cause all of the proceedings to be
written, shall certify to the same, and cause them to be filed with the clerk of the court which
has jurisdiction of the offense, who shall keep them safely.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.53. CONSTRUING THE TWO PRECEDING ARTICLES.  The two preceding Articles refer
only to cases where an applicant is held under accusation for some offense;  in all other
cases the proceedings had before the judge shall be filed and kept by the clerk of the court
hearing the case.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.54. COURT MAY GRANT NECESSARY ORDERS.  The court or judge granting a writ of
habeas corpus may grant all necessary orders to bring before him the testimony taken
before the examining court, and may issue process to enforce the attendance of witnesses.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.55. MEANING OF "RETURN".  The word "return", as used in this Chapter, means the
report made by the officer or person charged with serving the writ of habeas corpus, and
also the answer made by the person served with such writ.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.56. EFFECT OF DISCHARGE BEFORE INDICTMENT.  Where a person, before indictment
found against him, has been discharged or held to bail on habeas corpus by order of a
court or judge of competent jurisdiction, he shall not be again imprisoned or detained in
custody on an accusation for the same offense, until after he shall have been indicted,
unless surrendered by his bail.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.57. WRIT AFTER INDICTMENT.  Where a person once discharged or admitted to bail
is afterward indicted for the same offense for which he has been once arrested, he may be
committed on the indictment, but shall be again entitled to the writ of habeas corpus, and
may be admitted to bail, if the facts of the case render it proper;  but in cases where, after
indictment is found, the cause of the defendant has been investigated on habeas corpus,
and an order made, either remanding him to custody, or admitting him to bail, he shall
neither be subject to be again placed in custody, unless when surrendered by his bail, nor
shall he be again entitled to the writ of habeas corpus, except in the special cases
mentioned in this Chapter.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.58. PERSON COMMITTED FOR A CAPITAL OFFENSE.  If the accusation against the
defendant for a capital offense has been heard on habeas corpus before indictment found,
and he shall have been committed after such examination, he shall not be entitled to the
writ, unless in the special cases mentioned in Articles 11.25 and 11.59.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.59. OBTAINING WRIT A SECOND TIME.  A party may obtain the writ of habeas corpus
a second time by stating in a motion therefor that since the hearing of his first motion
important testimony has been obtained which it was not in his power to produce at the
former hearing.  He shall also set forth the testimony so newly discovered;  and if it be that
of a witness, the affidavit of the witness shall also accompany such motion.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.60. REFUSING TO EXECUTE WRIT.  Any officer to whom a writ of habeas corpus, or
other writ, warrant or process authorized by this Chapter shall be directed, delivered or
tendered, who refuses to execute the same according to his directions, or who wantonly
delays the service or execution of the same, shall be liable to fine as for contempt of court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.61. REFUSAL TO OBEY WRIT.  Any one having another in his custody, or under his
power, control or restraint who refuses to obey a writ of habeas corpus, or who evades the
service of the same, or places the person illegally detained under the control of another,
removes him, or in any other manner attempts to evade the operation of the writ, shall be
dealt with as provided in Article 11.34 of this Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.62. REFUSAL TO GIVE COPY OF PROCESS.  Any jailer, sheriff or other officer who has
a prisoner in his custody and refuses, upon demand, to furnish a copy of the process under
which he holds the person, is guilty of an offense, and shall be dealt with as provided in
Article 11.34 of this Code for refusal to return the writ therein required.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.63. HELD UNDER FEDERAL AUTHORITY.  No person shall be discharged under the writ
of habeas corpus who is in custody by virtue of a commitment for any offense exclusively
cognizable by the courts of the United States, or by order or process issuing out of such
courts in cases where they have jurisdiction, or who is held by virtue of any legal
engagement or enlistment in the army, or who, being rightfully subject to the rules and
articles of war, is confined by any one legally acting under the authority thereof, or who is
held as a prisoner of war under the authority of the United States.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 11.64. APPLICATION OF CHAPTER.  This Chapter applies to all cases of habeas corpus
for the enlargement of persons illegally held in custody or in any manner restrained in their
personal liberty, for the admission of prisoners to bail, and for the discharge of prisoners
before indictment upon a hearing of the testimony.  Instead of a writ of habeas corpus in
Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,

Failure to Stop and Give Information, Reckless Driving,

Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or

Deferred Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced,

or kept off their records and

we can help you.



Please call today  713-697-4373
.b
Any time you are charged with a criminal charge it is a very serious
matter requiring a
criminal lawyer.


Long term effects can include a criminal record FOR LIFE, affect your
ability to get a job, obtain credit including denial of a mortgage
application, loss of your Driver's License, surcharges on your
License......and the list goes on and on.  These can be avoided with a good
Houston Criminal Defense Lawyer.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
.
Code of Criminal Procedure Ch 1
Code of Criminal Procedure Ch 2
Code of Criminal Procedure Ch 3
Code of Criminal Procedure Ch 4
Code of Criminal Procedure Ch 5
Code of Criminal Procedure Ch 6
Code of Criminal Procedure Ch 7
Code of Criminal Procedure Ch 8
Code of Criminal Procedure Ch 9
Code of Criminal Procedure Ch 10
Code of Criminal Procedure Ch 11
Code of Criminal Procedure Ch 12
Code of Criminal Procedure Ch 13
Code of Criminal Procedure Ch 14
Code of Criminal Procedure Ch 15
Code of Criminal Procedure Ch 16
Code of Criminal Procedure Ch 17
Code of Criminal Procedure Ch 17a
Code of Criminal Procedure Ch 18 1
Code of Criminal Procedure Ch 18 2
Code of Criminal Procedure Ch 18 3
Code of Criminal Procedure Ch 18  4
Code of Criminal Procedure Ch 18  5
Code of Criminal Procedure Ch 18  6
Code of Criminal Procedure Ch 18  7
Code of Criminal Procedure Ch 18 8
Code of Criminal Procedure Ch 18 9
Code of Criminal Procedure Ch 18  10
Code of Criminal Procedure Ch 18  11
Code of Criminal Procedure Ch 19
Code of Criminal Procedure Ch 20
Code of Criminal Procedure Ch 21
Code of Criminal Procedure Ch 22]
Code of Criminal Procedure Ch 23
Code of Criminal Procedure Ch 24
Code of Criminal Procedure Ch 25
Code of Criminal Procedure Ch 26 1
Code of Criminal Procedure Ch 26  2
Code of Criminal Procedure Ch 26  3
Code of Criminal Procedure Ch 27
Code of Criminal Procedure Ch 28
Code of Criminal Procedure Ch 29
Code of Criminal Procedure Ch 30
Code of Criminal Procedure Ch 31
Code of Criminal Procedure Ch 32
Code of Criminal Procedure Ch 32a
Code of Criminal Procedure Ch 33
Code of Criminal Procedure Ch 34
Code of Criminal Procedure Ch 35 - 1
Code of Criminal Procedure Ch 35 - 2
Code of Criminal Procedure Ch 36 - 1
Code of Criminal Procedure Ch 36 - 2
Code of Criminal Procedure Ch 37 - 1
Code of Criminal Procedure Ch 37 - 2
Code of Criminal Procedure Ch 37 - 3
Code of Criminal Procedure Ch 38 - 1
Code of Criminal Procedure Ch 38 - 2
Code of Criminal Procedure Ch 38 - 3
Code of Criminal Procedure Ch 38 - 4
Code of Criminal Procedure Ch 39
Code of Criminal Procedure Ch 40
Code of Criminal Procedure Ch 42-1
Code of Criminal Procedure Ch 42-2
Code of Criminal Procedure Ch 42-3
Code of Criminal Procedure Ch 42-4
Code of Criminal Procedure Ch 42-5
Code of Criminal Procedure Ch 42-6
Code of Criminal Procedure Ch 42-7
Code of Criminal Procedure Ch 42-8
Code of Criminal Procedure Ch 42-9
Code of Criminal Procedure Ch 42-10
Code of Criminal Procedure Ch 43-1l
Code of Criminal Procedure Ch 43-2
Code of Criminal Procedure Ch 44-1
Code of Criminal Procedure Ch 44-2
Code of Criminal Procedure Ch 45-1
Code of Criminal Procedure Ch 45-2
Code of Criminal Procedure Ch 45-3
Code of Criminal Procedure Ch 45 - 4
Code of Criminal Procedure Ch 45-5
Code of Criminal Procedure Ch 45-6
Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
Code of Criminal Procedure Ch 46b-1
Code of Criminal Procedure Ch 46b-2
Code of Criminal Procedure Ch 46b-3
Code of Criminal Procedure Ch 46b-4
THE TEXAS
CONSTITUTION

FREEDOM AND SOVEREIGNTY
OF STATE
REPUBLICAN FORM OF
GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
RELIGIOUS BELIEFS; OATHS
AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR
SECTARIAN PURPOSES
FREEDOM OF SPEECH AND
PRESS; LIBEL
SEARCHES AND VIOLATION OF
CONDITION OF RELEASE
PENDING TRIAL; DENIAL OF
BAIL, SEIZURES
RIGHTS OF ACCUSED IN
CRIMINAL PROSECUTIONS
BAIL
MULTIPLE CONVICTIONS;
DENIAL OF BAIL
VIOLATION OF AN ORDER FOR
EMERGENCY PROTECTION
INVOLVING FAMILY VIOLENCE
HABEAS CORPUS
EXCESSIVE BAIL OR FINES;
CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY
DUE COURSE OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS OF
UNSOUND MIND
BILLS OF ATTAINDER; EX POST
FACTO OR RETROACTIVE
LAWS; IMPAIRING
OBLIGATION OF CONTRACTS
DAMAGING, OR DESTROYING
PROPERTY
DEPRIVATION OF LIFE,
LIBERTY, ETC.; DUE COURSE OF
LAW
RIGHT TO KEEP AND BEAR
ARMS
RIGHT OF ASSEMBLY;
PETITION FOR REDRESS OF
GRIEVANCES
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS OF
CRIME
MARRIAGE
DIVISION OF POWERS
LEGISLATIVE DEPARTMENT
JUDGE OF QUALIFICATIONS
RULES OF PROCEDURE
VACANCIES; WRITS OF
ELECTION
PRIVILEGED FROM ARREST
DISRESPECTFUL OR
DISORDERLY CONDUCT
COLLECTORS OF TAXES
Texas Ethics Commission
HOUSE OF REPRESENTATIVES
Senators and Representatives
LAWS PASSED BY BILL
DEFEATED BILLS AND
RESOLUTIONS
EFFECT OF LAWS;
EMERGENCIES
REVISION OF LAWS
CHANGE OF VENUE IN CIVIL
AND CRIMINAL CASES
LOTTERIES AND GIFT
ENTERPRISES; BINGO GAMES
EMERGENCY SERVICES
DISTRICTS
JAIL DISTRICTS
Texas State Debt
COMPTROLLER OF PUBLIC
ACCOUNTS
VETERANS' HOUSING
ASSISTANCE FUND
VETERANS' LAND BOARD;
BOND ISSUES
The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities such as
League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West
University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All misdemeanors including DWI, also called DUI
and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen has
over 17 years criminal
defense experience.