HB 115 Texas House · 89th Legislature (2025)

Relating to postconviction applications for a writ of habeas corpus.

HB 115 requires trial courts to appoint attorneys for indigent defendants in specific postconviction habeas corpus cases, directly affecting people convicted of crimes who cannot afford legal representation. Key provisions mandate representation for appeals, certain habeas proceedings where justice requires it, or when claims under Article 11.073 are raised, and establish a priority system for appointing counsel. The bill makes these procedures exclusive after conviction, banning other proceedings to release prisoners, and requires written decisions when denying relief under specific provisions. It also allows the Court of Criminal Appeals to consider subsequent applications that miss procedural requirements if justice demands it, otherwise dismissing them as an abuse of the writ.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 14, 2025 Last action May 15, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 5 edits · May 15, 2025
MODERATE
This bill updates Texas post-conviction habeas corpus laws to improve access to legal representation for indigent defendants and to establish new procedures for handling claims based on new scientific evidence. The changes clarify eligibility criteria, modify how courts appoint attorneys, and create a new mechanism for obtaining documents needed to support habeas applications.
Scope change
The bill expands eligibility for appointed counsel in post-conviction proceedings and introduces new provisions for scientific evidence claims, while also adding a new article for obtaining documents to support habeas corpus applications.
ELIGIBILITY

Updated eligibility criteria for indigent defendants to receive appointed attorneys in appellate and post-conviction habeas corpus matters, clarifying when representation is required based on justice interests.

REQUIREMENT

Modified the process for appointing counsel in post-conviction proceedings, establishing a priority order for attorney appointments.

Added new provisions for handling claims based on scientific evidence that was not reasonably available at trial, including specific standards for admissibility and likelihood of affecting conviction.

ENFORCEMENT

Created a new article allowing attorneys to file writs to obtain documents necessary for post-conviction habeas corpus applications.

TIMELINE

Set the effective date of the Act to December 1, 2025, with retroactive application limited to applications filed on or after that date.

Floor votes · House May 15, 2025

How they voted

12214
Passed · 6 other
Total votes 142
May 15, 2025
D Democratic58
54 Yea 2 Nay 2
93% Yea
R Republican84
68 Yea 12 Nay 4
80% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
7
Committee
6
May 15, 2025
Introduced
Received from the House
upper
May 15, 2025
Lower · Passed
Passed
lower
May 14, 2025
Lower · Passed
Passed to engrossment
lower
May 8, 2025
Lower · Passed
Committee report sent to Calendars
lower
May 7, 2025
Lower · Passed
Committee report distributed
lower
May 1, 2025
Lower · Passed
Reported favorably as substituted
lower
Apr 29, 2025
Lower · Passed
Left pending in committee
lower
Apr 29, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 14, 2025
Committee
Referred to Criminal Jurisprudence
lower
Mar 14, 2025
Introduced
Read first time
lower
2 primary · 0 co-sponsors

Sponsors