Tex. Code Crim. Proc. art. 11.30 · Chapter 11. HABEAS CORPUS
HOW RETURN IS MADE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
The return is made by stating in plain language on the copy of the writ or some paper connected with it:
1. Whether it is true or not, according to the statement of the application, that the person has in the person's custody, or under the person's restraint, the applicant named or described in the application;
2. By virtue of what authority, or for what cause, the person took and detains the applicant;
3. If the person had the applicant in the person's custody or under restraint at any time before the service of the writ, and has transferred the applicant to the custody of another, the person shall state particularly to whom, at what time, for what reason or by what authority the person made the transfer;
4. The person shall annex to the person's return the writ or warrant, if any, by virtue of which the person holds the applicant in custody; and
5. The return must be signed and sworn to by the person making it.
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. 14, 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 ab057d035498c4e68529a8910f7b1bb8d0d7ff253f987c7ccdbaeaa5de965f9e
- 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.