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Chapter 11: Habeas Corpus

Texas Code of Criminal Procedure – 2026

All Sections Code of Criminal Procedure Overview ← Previous Chapter 9A: Trade, Business, or Occupation Injurious to Public Health Next → Chapter 12: Limitation

All Sections

Chapter 1: General Provisions Chapter 2: General Duties of Officers Chapter 2A: Officers; Powers and Duties Chapter 2B: Law Enforcement Interactions with Public Chapter 3: Definitions Chapter 4: Courts and Criminal Jurisdiction Chapter 5: Family Violence Prevention Chapter 5A: Preventing, Investigating, and Prosecuting Family Violence Chapter 5B: Procedures for Certain Offenses Involving Illegal Entry Into This State Chapter 5C: Procedures for Real Property Theft and Fraud Chapter 6: Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses Chapter 7: Proceedings Before Magistrates to Prevent Offenses Chapter 7B: Protective Orders Chapter 7C: Prohibition on Recognition, Service, and Enforcement of Extreme Risk Protective Orders Chapter 8: Suppression of Riots and Other Disturbances Chapter 9: Offenses Injurious to Public Health Chapter 9A: Trade, Business, or Occupation Injurious to Public Health Chapter 11: Habeas Corpus Chapter 12: Limitation Chapter 13A: Venue Chapter 14: Arrest Without Warrant Chapter 15: Arrest Under Warrant Chapter 16: The Commitment or Discharge of the Accused Chapter 17: Bail Chapter 17A: Corporations and Associations Chapter 18: Search Warrants Chapter 18A: Detection, Interception, and Use of Wire, Oral, and Electronic Communications Chapter 18B: Installation and Use of Tracking Equipment; Access to Communications Chapter 19A: Grand Jury Organization Chapter 20A: Grand Jury Proceedings Chapter 21: Indictment and Information Chapter 22: Forfeiture of Bail Chapter 23: The Capias Chapter 24: Subpoena and Attachment Chapter 24A: Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information Chapter 25: Service of a Copy of the Indictment Chapter 26: Arraignment Chapter 27: The Pleading in Criminal Actions Chapter 28: Motions, Pleadings and Exceptions Chapter 29: Continuance Chapter 30: Disqualification of the Judge Chapter 31A: Change of Venue Chapter 32: Dismissing Prosecutions Chapter 32A: Speedy Trial Chapter 33: The Mode of Trial Chapter 34: Special Venire in Capital Cases Chapter 35: Formation of the Jury Chapter 36: The Trial Before the Jury Chapter 37: The Verdict Chapter 38: Evidence in Criminal Actions Chapter 39: Depositions and Discovery Chapter 40: New Trials Chapter 41: Arrest of Judgment Chapter 42: Judgment and Sentence Chapter 42A: Community Supervision Chapter 43: Execution of Judgment Chapter 44: Appeal and Writ of Error Chapter 45A: Justice and Municipal Courts Chapter 46: Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability Chapter 46B: Incompetency to Stand Trial Chapter 46C: Insanity Defense Chapter 47: Disposition of Stolen Property Chapter 48: Pardon and Parole Chapter 49: Inquests Upon Dead Bodies Chapter 49A: Death Inquests Chapter 50: Fire Inquests Chapter 50A: Fire Inquests Chapter 51: Fugitives from Justice Chapter 52: Court of Inquiry Chapter 55A: Expunction of Criminal Records Chapter 56A: Rights of Crime Victims Chapter 56B: Crime Victims' Compensation Chapter 56C: Landowner Compensation for Property Damage Caused by Certain Criminal Activities Chapter 58: Confidentiality of Identifying Information and Medical Records of Certain Crime Victims Chapter 59: Forfeiture of Contraband Chapter 62: Sex Offender Registration Program Chapter 63: Missing Children and Missing Persons Chapter 64: Motion for Forensic Dna Testing Chapter 65: Terrorist Offender Registration Program Chapter 66: Criminal History Record System Chapter 67: Compilation of Information Pertaining to Combinations and Criminal Street Gangs Chapter 101: General Provisions Chapter 102: Costs, Fees, and Fines Paid by Defendants Chapter 103: Payment, Collection, and Recordkeeping Chapter 104: Certain Expenses Paid by State or County
Art. 11.01 WHAT WRIT IS Art. 11.02 TO WHOM DIRECTED Art. 11.03 WANT OF FORM Art. 11.04 CONSTRUCTION Art. 11.05 BY WHOM WRIT MAY BE ISSUED Art. 11.051 FILING FEE PROHIBITED Art. 11.06 WHERE WRIT IS RETURNABLE IN CASES NOT INVOLVING FELONY CONVICTION Art. 11.07 PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTY Art. 11.071 PROCEDURE IN DEATH PENALTY CASE Art. 11.072 PROCEDURE IN COMMUNITY SUPERVISION CASE Art. 11.073 PROCEDURE RELATED TO CERTAIN SCIENTIFIC EVIDENCE Art. 11.0731 PROCEDURES RELATED TO CERTAIN PREVIOUSLY TESTED EVIDENCE Art. 11.074 COURT-APPOINTED REPRESENTATION REQUIRED IN CERTAIN CASES Art. 11.08 APPLICANT ACCUSED OF FELONY Art. 11.09 APPLICANT ACCUSED OR CONVICTED OF MISDEMEANOR Art. 11.10 PROCEEDINGS UNDER THE WRIT Art. 11.11 EARLY HEARING Art. 11.12 WHO MAY PRESENT APPLICATION Art. 11.13 APPLICANT AND PETITIONER Art. 11.14 APPLICATION REQUIREMENTS Art. 11.15 WRIT ISSUED WITHOUT DELAY Art. 11.16 WRIT MAY ISSUE WITHOUT APPLICATION Art. 11.17 JUDGE MAY ISSUE WARRANT OF ARREST Art. 11.18 MAY ARREST DETAINER Art. 11.19 PROCEEDINGS UNDER THE WARRANT Art. 11.20 OFFICER EXECUTING WARRANT Art. 11.21 CONSTRUCTIVE CUSTODY Art. 11.22 RESTRAINT Art. 11.23 SCOPE OF WRIT Art. 11.24 ONE COMMITTED IN DEFAULT OF BAIL Art. 11.25 PERSON AFFLICTED WITH DISEASE Art. 11.26 WHO MAY SERVE WRIT Art. 11.27 HOW WRIT MAY BE SERVED AND RETURNED Art. 11.28 RETURN UNDER OATH Art. 11.29 MUST MAKE RETURN Art. 11.30 HOW RETURN IS MADE Art. 11.31 APPLICANT BROUGHT BEFORE JUDGE Art. 11.32 CUSTODY PENDING EXAMINATION Art. 11.33 COURT SHALL ALLOW TIME Art. 11.34 DISOBEYING WRIT Art. 11.35 FURTHER PENALTY FOR DISOBEYING WRIT Art. 11.36 APPLICANT MAY BE BROUGHT BEFORE COURT Art. 11.37 DEATH, ETC., SUFFICIENT RETURN OF WRIT Art. 11.38 WHEN A PRISONER DIES Art. 11.39 WHO SHALL REPRESENT THE STATE Art. 11.40 PRISONER DISCHARGED Art. 11.41 WHERE PARTY IS INDICTED FOR CAPITAL OFFENSE Art. 11.42 IF COURT HAS NO JURISDICTION Art. 11.43 PRESUMPTION OF INNOCENCE Art. 11.44 ACTION OF COURT UPON EXAMINATION Art. 11.45 VOID OR INFORMAL Art. 11.46 IF PROOF SHOWS OFFENSE Art. 11.47 MAY SUMMON MAGISTRATE Art. 11.48 WRITTEN ISSUE NOT NECESSARY Art. 11.49 ORDER OF ARGUMENT Art. 11.50 COSTS Art. 11.51 RECORD OF PROCEEDINGS Art. 11.52 PROCEEDINGS HAD IN VACATION Art. 11.53 CONSTRUING THE TWO PRECEDING ARTICLES Art. 11.54 COURT MAY GRANT NECESSARY ORDERS Art. 11.55 MEANING OF "RETURN" Art. 11.56 EFFECT OF DISCHARGE BEFORE INDICTMENT Art. 11.57 WRIT AFTER INDICTMENT Art. 11.58 PERSON COMMITTED FOR A CAPITAL OFFENSE Art. 11.59 OBTAINING WRIT A SECOND TIME Art. 11.60 REFUSING TO EXECUTE WRIT Art. 11.61 REFUSAL TO OBEY WRIT Art. 11.62 REFUSAL TO GIVE COPY OF PROCESS Art. 11.63 HELD UNDER FEDERAL AUTHORITY Art. 11.64 APPLICATION OF CHAPTER Art. 11.65 BOND FOR CERTAIN APPLICANTS