83R2770 JRR-D
  By: Giddings H.B. No. 833
  relating to certain procedures regarding an application for a writ
  of habeas corpus filed in a noncapital felony case.
         SECTION 1.  Section 3(d), Article 11.07, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  If the convicting court decides that there are
  controverted, previously unresolved facts which are material to the
  legality of the applicant's confinement, it shall enter an order
  within 20 days of the expiration of the time allowed for the state
  to reply, designating the issues of fact to be resolved.  To
  resolve those issues the court may order affidavits, depositions,
  interrogatories, additional forensic testing, and hearings, as
  well as using personal recollection. The state shall pay the cost of
  additional forensic testing ordered under this subsection, except
  that the applicant shall pay the cost of the testing if the
  applicant retains counsel for purposes of filing an application
  under this article.  The convicting court may appoint an attorney
  or a magistrate to hold a hearing and make findings of fact.  An
  attorney so appointed shall be compensated as provided in Article
  26.05 of this code.  It shall be the duty of the reporter who is
  designated to transcribe a hearing held pursuant to this article to
  prepare a transcript within 15 days of its conclusion.  On
  completion of the transcript, the reporter shall immediately
  transmit the transcript to the clerk of the convicting court. After
  the convicting court makes findings of fact or approves the
  findings of the person designated to make them, the clerk of the
  convicting court shall immediately transmit to the Court of
  Criminal Appeals, under one cover, the application, any answers
  filed, any motions filed, transcripts of all depositions and
  hearings, any affidavits, and any other matters such as official
  records used by the court in resolving issues of fact.
         SECTION 2.  Section 3(d), Article 11.07, Code of Criminal
  Procedure, as amended by this Act, applies only to an application
  for a writ of habeas corpus filed on or after the effective date of
  this Act. An application filed before the effective date of this
  Act is covered by the law in effect when the application was filed,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.