Tex. Code Crim. Proc. art. 11.08

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 11.08 - Applicant Accused Of Felony

If the applicant is accused of committing a felony offense, whether by indictment, information, warrant, 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 indictment or information charging the applicant is pending ; or

(2) if an indictment or information charging the applicant has not been filed or the judge of the court in which the indictment or information is pending is not available:

(A) to any judge with felony jurisdiction in a county to which the writ is returnable; or

(B) if there is no judge with felony jurisdiction available in a county described by Paragraph (A), to any judge with felony jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A) .

Tex. Code Crim. Proc. § 11.08

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 933,Sec. 4, eff. 9/1/2023.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.