Texas § CR.1 - This article establishes the procedures for an application for a writ of habeas c

§ CR.1. This article establishes the procedures for an application for a writ of habeas c

This article establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision. Sec. 2. (a) An application for a writ of habeas corpus under this article must be filed with the clerk of the court in which community supervision was imposed. (b) At the time the application is filed, the applicant must be, or have been, on community supervision, and the application must challenge the legal validity of: (1) the conviction for which or order in which community supervision was imposed; or (2) the conditions of community supervision. Sec. 3. (a) An application may not be filed under this article if the applicant could obtain the requested relief by means of an appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate Procedure. (b) An applicant seeking to challenge a particular condition of community supervision but not the legality of the conviction for which or the order in which community supervision was imposed must first attempt to gain relief by filing a motion to amend the conditions of community supervision. (c) An applicant may challenge a condition of community supervision under this article only on constitutional grounds. Sec. 4. (a) When an application is filed under this article, a writ of habeas corpus issues by operation of law. (b) At the time the application is filed, the clerk of the court shall assign the case a file number ancillary to that of the judgment of conviction or order being challenged. Sec. 5. (a) Immediately on filing an application, the applicant shall serve a copy of the application on the attorney representing the state by: (1) certified mail, return receipt requested; (2) personal service; (3) electronic service through the electronic filing manager authorized by Rule 21, Texas Rules of Civil Procedure; or (4) a secure electronic transmission to the attorney's e-mail address filed with the electronic filing system as required under Section 80.003 , Government Code. (b) The state may file an answer within the period established by Subsection (c), but is not required to file an answer. (c) The state may not file an answer after the 30th day after the date of service, except that for good cause the convicting court may grant the state one 30-day extension. (d) Any answer, motion, or other document filed by the state must be served on the applicant by certified mail, return receipt requested, or by personal service. (e) Matters alleged in the application not admitted by the state are considered to have been denied. Sec. 6. (a) Not later than the 60th day after the day on which the state's answer is filed, the trial court shall enter a written order granting or denying the relief sought in the application. (b) In making its determination, the court may order affidavits, depositions, interrogatories, or a hearing, and may rely on the court's personal recollection. (c) If a hearing is ordered, the hearing may not be held before the eighth day after the day on which the applicant and the state are provided notice of the hearing. (d) The court may appoint an attorney or magistrate to hold a hearing ordered under this section and make findings of fact. An attorney appointed under this subsection is entitled to compensation as provided by Article 26.05 . Sec. 7. (a) If the court determines from the face of an application or documents attached to the application that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous. In any other case, the court shall enter a written order including findings of fact and conclusions of law. The court may require the prevailing party to submit a proposed order. (b) At the time an order is entered under this section, the clerk of the court shall immediately, by certified mail, return receipt requested, or by secure electronic mail, send a copy of the order to the applicant and to the state.