Art. 11.09. APPLICANT ACCUSED OR CONVICTED OF MISDEMEANOR.  (a)  If the applicant is accused of committing a misdemeanor offense, whether by information, warrant, complaint, 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 information charging the applicant is pending; or
(2)  if an information charging the applicant has not been filed or the judge of the court in which the information is pending is not available:
(A)  to any judge of a county court with criminal jurisdiction in a county to which the writ is returnable; or
(B)  if there is no judge of a county court with criminal jurisdiction available in a county described by Paragraph (A), to any judge of a county court with criminal jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).
(b)  After final conviction in any misdemeanor case, the applicant or petitioner may apply to the judge of the court in which the applicant was convicted.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 5, eff. September 1, 2023.