Tex. Code of Criminal Procedure § 64.02
This is the official text of Tex. Code of Criminal Procedure § 64.02, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 64.02. NOTICE TO STATE; RESPONSE.
Official statutory text
(a) On receipt of the motion, the convicting court shall:
(1) provide the attorney representing the state with a copy of the motion; and
(2) require the attorney representing the state to take one of the following actions in response to the motion not later than the 60th day after the date the motion is served on the attorney representing the state:
(A) deliver the evidence to the court, along with a description of the condition of the evidence; or
(B) explain in writing to the court why the state cannot deliver the evidence to the court.
(b) The convicting court may proceed under Article 64.03 after the response period described by Subsection (a)(2) has expired, regardless of whether the attorney representing the state submitted a response under that subsection.
(1) provide the attorney representing the state with a copy of the motion; and
(2) require the attorney representing the state to take one of the following actions in response to the motion not later than the 60th day after the date the motion is served on the attorney representing the state:
(A) deliver the evidence to the court, along with a description of the condition of the evidence; or
(B) explain in writing to the court why the state cannot deliver the evidence to the court.
(b) The convicting court may proceed under Article 64.03 after the response period described by Subsection (a)(2) has expired, regardless of whether the attorney representing the state submitted a response under that subsection.
Status: in_force · Read it on the official government site
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