87R1461 MAW-F     By: West S.B. No. 1866       A BILL TO BE ENTITLED   AN ACT   relating to the consideration of a subsequent writ of habeas corpus   in certain felony cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 4, Article 11.07, Code of Criminal   Procedure, is amended by amending Subsection (a) and adding   Subsection (d) to read as follows:          (a)  If a subsequent application for writ of habeas corpus is   filed after final disposition of an initial application challenging   the same conviction, a court may not consider the merits of or grant   relief based on the subsequent application unless [the application   contains sufficient specific facts establishing that]:                (1)  the application contains sufficient specific   facts establishing that the current claims and issues have not been   and could not have been presented previously in an original   application or in a previously considered application filed under   this article because the factual or legal basis for the claim was   unavailable on the date the applicant filed the previous   application; [or]                (2)  the application contains sufficient specific   facts establishing that by a preponderance of the evidence, but for   a violation of the United States Constitution no rational juror   could have found the applicant guilty beyond a reasonable doubt; or                (3)  the attorney representing the state having primary   responsibility for the prosecution of similar cases in the   jurisdiction consents in writing to the court's consideration of   and ruling on the merits of the application.           (d)  In this section, "attorney representing the state"   means a district attorney, a criminal district attorney, or a   county attorney with criminal jurisdiction. The term does not   include an assistant prosecuting attorney.          SECTION 2.  Section 4(a), 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 governed by the law in effect on the date the application was   filed, and the former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2021.