Tex. Code Crim. Proc. art. 11.09 · Chapter 11. HABEAS CORPUS
APPLICANT ACCUSED OR CONVICTED OF MISDEMEANOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the applicant is accused of committing a misdemeanor offense, whether by information, warrant, complaint, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:
(1) to the judge of the court in which the information charging the applicant is pending; or
(2) if an information charging the applicant has not been filed or the judge of the court in which the information is pending is not available:
(A) to any judge of a county court with criminal jurisdiction in a county to which the writ is returnable; or
(B) if there is no judge of a county court with criminal jurisdiction available in a county described by Paragraph (A), to any judge of a county court with criminal jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).
(b) After final conviction in any misdemeanor case, the applicant or petitioner may apply to the judge of the court 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. 5, 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 86851382de4e26cfe9f112a643288ee67b4c877cd3e62916fbf5f99a8db6d82d
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 11.09. Each shows the citation as that text prints it.
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.