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Texas law on any date › Code of Criminal Procedure

Code of Criminal Procedure §8

Text in force on

In force on Jul 19, 2007 · this text took effect (date not stated) · amended later, effective Sep 01, 2007

FINDINGS OF FACT WITHOUT EVIDENTIARY HEARING

(a) Not later than the 20th day after the last date the state answers the application, the convicting court shall determine whether controverted, previously unresolved factual issues material to the legality of the applicant's confinement exist and shall issue a written order of the determination. (b) If the convicting court determines the issues do not exist, the parties shall file proposed findings of fact and conclusions of law for the court to consider on or before a date set by the court that is not later than the 30th day after the date the order is issued. (c) After argument of counsel, if requested by the court, the convicting court shall make appropriate written findings of fact and conclusions of law not later than the 15th day after the date the parties filed proposed findings or not later than the 45th day after the date the court's determination is made under Subsection (a), whichever occurs first. (d) The clerk of the court shall immediately send to: (1) the court of criminal appeals a copy of the: (A) application; (B) answer; (C) orders entered by the convicting court; (D) proposed findings of fact and conclusions of law; and (E) findings of fact and conclusions of law entered by the court; and (2) counsel for the applicant or, if the applicant is proceeding pro se, to the applicant, a copy of: (A) orders entered by the convicting court; (B) proposed findings of fact and conclusions of law; and (C) findings of fact and conclusions of law entered by the court.

History:

Source: the Legislature's file server, seen Nov 08, 2026.

Every version on file

Attorney General opinions that cite it

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.