87R3224 AJZ-D
 
  By: Moody, Thompson of Harris, Collier, H.B. No. 275
      Leach, Murr
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an application for a writ of habeas corpus based on
  certain relevant scientific evidence that was not available at the
  applicant's trial.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 11.073(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  A court may grant a convicted person relief on an
  application for a writ of habeas corpus if:
               (1)  the convicted person files an application, in the
  manner provided by Article 11.07, 11.071, or 11.072, containing
  specific facts indicating that:
                     (A)  relevant scientific evidence is currently
  available and was not available at the time of the convicted
  person's trial because the evidence was not ascertainable through
  the exercise of reasonable diligence by the convicted person before
  the date of or during the convicted person's trial; and
                     (B)  the scientific evidence would be admissible
  under the Texas Rules of Evidence at a trial held on the date of the
  application; and
               (2)  the court makes the findings described by
  Subdivisions (1)(A) and (B) and also finds that, had the scientific
  evidence been presented at trial, on the preponderance of the
  evidence the person would not have been convicted or would have
  received a different punishment.
         SECTION 2.  Article 11.073, Code of Criminal Procedure, as
  amended by this Act, applies only to an application for a writ of
  habeas corpus filed on or after the effective date of this Act. An
  application filed before the effective date of this Act is governed
  by the law in effect when the application was filed, and the former
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect December 1, 2021.