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