Art. 11.08. APPLICANT ACCUSED OF FELONY.  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).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 4, eff. September 1, 2023.