By:  De la Garza                                       H.B. No. 244
       73R1317 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the requisites of a petition for the writ of habeas
    1-3  corpus.
    1-5        SECTION 1.  Article 11.14, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 11.14.  REQUISITES OF PETITION.  The petition must state
    1-8  substantially:
    1-9              1.  That the person for whose benefit the application
   1-10  is made is illegally restrained in his liberty, and by whom, naming
   1-11  both parties, if their names are known, or if unknown, designating
   1-12  and describing them;
   1-13              2.  That <When> the party is confined or restrained by
   1-14  virtue of a <any> writ, order or process, or under color of either,
   1-15  and a copy may <shall> be annexed to the petition<, or it shall be
   1-16  stated that a copy cannot be obtained>;
   1-17              3.  When the confinement or restraint is not by virtue
   1-18  of any writ, order or process, the petition may state only that the
   1-19  party is illegally confined or restrained in his liberty;
   1-20              4.  There must be a prayer in the petition for the writ
   1-21  of habeas corpus; and
   1-22              5.  Oath must be made that the allegations of the
   1-23  petition are true, according to the belief of the petitioner.
   1-24        SECTION 2.  The change in law made by this Act applies to a
    2-1  petition for the writ of habeas corpus presented on or after the
    2-2  effective date of this Act.
    2-3        SECTION 3.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.