88R11979 AJZ-D     By: Moody H.B. No. 205       A BILL TO BE ENTITLED   AN ACT   relating to an application for a writ of habeas corpus based on   certain relevant scientific evidence that was not available at the   applicant's trial.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 11.073(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A court may grant a convicted person relief on an   application for a writ of habeas corpus if:                (1)  the convicted person files an application, in the   manner provided by Article 11.07, 11.071, or 11.072, containing   specific facts indicating that:                      (A)  relevant scientific evidence is currently   available and was not available at the time of the convicted   person's trial because the evidence was not ascertainable through   the exercise of reasonable diligence by the convicted person before   the date of or during the convicted person's trial; and                      (B)  the scientific evidence would be admissible   under the Texas Rules of Evidence at a trial held on the date of the   application; and                (2)  the court makes the findings described by   Subdivisions (1)(A) and (B) and also finds that, had the scientific   evidence been presented at trial, on the preponderance of the   evidence the person would not have been convicted or would have   received a different punishment.          SECTION 2.  Article 11.073, 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 when the application was filed, and the former   law is continued in effect for that purpose.          SECTION 3.  This Act takes effect December 1, 2023.