| 1 | 1 | | By: Thompson (Senate Sponsor - Ellis) H.B. No. 2096 |
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| 2 | 2 | | (In the Senate - Received from the House May 12, 2011; |
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| 3 | 3 | | May 12, 2011, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 21, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 6, Nays 0; May 21, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the filing of writs of habeas corpus in mental health |
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| 11 | 11 | | cases. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 576.003, Health and Safety Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 576.003. WRIT OF HABEAS CORPUS. A petition for a writ |
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| 16 | 16 | | of habeas corpus must be filed in the court of appeals for the |
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| 17 | 17 | | county in which the order is entered. [This subtitle does not limit |
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| 18 | 18 | | a person's right to obtain a writ of habeas corpus.] |
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| 19 | 19 | | SECTION 2. The change in law made by this Act to Section |
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| 20 | 20 | | 576.003, Health and Safety Code, applies only to an application for |
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| 21 | 21 | | a writ of habeas corpus filed on or after the effective date of this |
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| 22 | 22 | | Act. An application for a writ of habeas corpus filed before the |
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| 23 | 23 | | effective date of this Act is governed by the law in effect before |
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| 24 | 24 | | the effective date of this Act, and the former law is continued in |
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| 25 | 25 | | effect for that purpose. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2011. |
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| 31 | 31 | | * * * * * |
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