Tex. Code Crim. Proc. art. 11.06 · Chapter 11. HABEAS CORPUS
WHERE WRIT IS RETURNABLE IN CASES NOT INVOLVING FELONY CONVICTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the applicant has not been formally charged by indictment or information, the writ must be made returnable to the county in which:
(1) the applicant is confined to the custody of the sheriff or other authority;
(2) the applicant is alleged, by any means including the issuance of a warrant for the applicant's arrest or the applicant's arrest pursuant to Chapter 14, to have committed a criminal offense that provides the basis for the restraint from which the application seeks relief; or
(3) if neither Subdivision (1) nor (2) applies, the action imposing a restraint on the applicant's liberty occurred.
(b) After the applicant has been charged by indictment or information, and before any conviction of the applicant, the writ must be made returnable to the county in which the indictment or information is pending.
(c) After final conviction in any misdemeanor case, the writ must be made returnable to the county in which the applicant was convicted.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 3, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.11.htm
- Text hash
- sha256 1b938ce80c97604cc87e6c4048cb024bc46834458484438e5b4de828b9037c7f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.