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A BILL TO BE ENTITLED
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AN ACT
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relating to a writ to invoke the jurisdiction of a district court |
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for the purpose of obtaining relevant documents for a |
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postconviction application for a writ of habeas corpus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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amended by adding Article 11.66 to read as follows: |
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Art. 11.66. WRIT TO INVOKE DISTRICT COURT JURISDICTION FOR |
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PURPOSE OF OBTAINING RELEVANT DOCUMENTS FOR POSTCONVICTION WRIT OF |
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HABEAS CORPUS APPLICATION. (a) A person may file a writ under this |
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article in a district court for the purpose of invoking the court's |
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jurisdiction to obtain documents described by Subsection (b)(2)(B) |
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related to filing an application for a writ of habeas corpus under |
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this chapter. |
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(b) A person may file a petition for a writ under this |
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article only if: |
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(1) the person is an attorney licensed in this state; |
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(2) the person affirms in the petition that: |
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(A) the person is seeking to file an application |
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for a writ of habeas corpus on behalf of an applicant after a final |
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conviction; and |
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(B) the person cannot in good faith file the |
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application until the person obtains documents relevant to a ground |
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for relief in the application; and |
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(3) the person provides the office of the attorney |
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representing the state in the applicant's case with reasonable |
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notice of the person's intention to file a petition for a writ under |
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this article. |
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(c) A district court's jurisdiction under this article is |
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limited only to matters relating to: |
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(1) a petition for a writ under this article; and |
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(2) the issuance of documents requested by the |
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petition for a writ under this article. |
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SECTION 2. Section 24.011, Government Code, is amended to |
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read as follows: |
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Sec. 24.011. WRIT POWER. A judge of a district court may, |
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either in termtime or vacation, grant a writ [writs] of mandamus, |
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injunction, sequestration, attachment, garnishment, certiorari, |
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and supersedeas, a writ to issue documents under Article 11.66, |
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Code of Criminal Procedure, and any [all] other writ [writs] |
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necessary to the enforcement of the court's jurisdiction. |
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SECTION 3. This Act takes effect September 1, 2025. |