Bill Text: TX HB3757 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to a writ to invoke the jurisdiction of a district court for the purpose of obtaining relevant documents for a postconviction application for a writ of habeas corpus.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-03-26 - Referred to Criminal Jurisprudence [HB3757 Detail]

Download: Texas-2025-HB3757-Introduced.html

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89R14954 JRR-D
By: Moody H.B. No. 3757

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