Tex. Code of Criminal Procedure § 11.08
This is the official text of Tex. Code of Criminal Procedure § 11.08, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 11.08. APPLICANT ACCUSED OF FELONY.
Official statutory text
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).
(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).
Status: in_force · Read it on the official government site
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