Tex. Code Crim. Proc. art. 11.14 · Chapter 11. HABEAS CORPUS
APPLICATION REQUIREMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An application for a writ of habeas corpus must state substantially:
1. That the applicant is illegally restrained in the applicant's liberty, and by whom, naming both parties, if their names are known, or if unknown, designating and describing them;
2. When the applicant is confined or restrained by virtue of any writ, order or process, or under color of either, a copy shall be annexed to the application, or it shall be stated that a copy cannot be obtained;
3. When the confinement or restraint is not by virtue of any writ, order or process, the application may state only that the applicant is illegally confined or restrained in the applicant's liberty;
4. There must be a prayer in the application for the writ of habeas corpus; and
5. Oath must be made that the allegations of the application are true, according to the belief of the applicant or petitioner.
(b) In addition to the requirements under Subsection (a), a petitioner must state in the application and under oath that the petitioner is presenting the application with the applicant's knowing and voluntary consent.
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. 9, 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 d7793d93f47d5d2a1fa69b8cfba91b4708cb6fd1941b7546425e2a564bf2bdf6
- 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
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.