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By: Thompson (Senate Sponsor - Ellis) |
H.B. No. 2096 |
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(In the Senate - Received from the House May 12, 2011; |
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May 12, 2011, read first time and referred to Committee on Criminal |
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Justice; May 21, 2011, reported favorably by the following vote: |
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Yeas 6, Nays 0; May 21, 2011, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of writs of habeas corpus in mental health |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 576.003, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 576.003. WRIT OF HABEAS CORPUS. A petition for a writ |
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of habeas corpus must be filed in the court of appeals for the |
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county in which the order is entered. [This subtitle does not limit
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a person's right to obtain a writ of habeas corpus.] |
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SECTION 2. The change in law made by this Act to Section |
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576.003, Health and Safety Code, applies only to an application for |
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a writ of habeas corpus filed on or after the effective date of this |
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Act. An application for a writ of habeas corpus filed before the |
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effective date of this Act is governed by the law in effect before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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* * * * * |