Tex. Code of Crim. Proc. Article 44.35
Bail Pending Habeas Corpus Appeal


In any habeas corpus proceeding in any court or before any judge in this State where the defendant is remanded to the custody of an officer and an appeal is taken to an appellate court, the defendant shall be allowed bail by the court or judge so remanding the defendant, except in capital cases where the proof is evident. The fact that such defendant is released on bail shall not be grounds for a dismissal of the appeal except in capital cases where the proof is evident.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 44.36. HEARING HABEAS CORPUS.
By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, this article was repealed.
Added by Acts 1965, 59th Leg., Ch. 722 (S.B. 107), Sec. 1, eff. January 1, 1966. Amended by Acts 1981, 67th Leg., Ch. 291 (S.B. 265), Sec. 141, eff. September 1, 1981.
Art. 44.37. ORDERS ON APPEAL.
By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, this article was repealed.
Added by Acts 1965, 59th Leg., Ch. 722 (S.B. 107), Sec. 1, eff. January 1, 1966. Amended by Acts 1981, 67th Leg., Ch. 291 (S.B. 265), Sec. 142, eff. September 1, 1981.
Art. 44.38. JUDGMENT CONCLUSIVE.
By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, this article was repealed.
Added by Acts 1965, 59th Leg., Ch. 722 (S.B. 107), Sec. 1, eff. January 1, 1966. Amended by Acts 1981, 67th Leg., Ch. 291 (S.B. 265), Sec. 143, eff. September 1, 1981; Acts 1985, 69th Leg., Ch. 440 (S.B. 1292), Sec. 1, eff. June 11, 1985.

Source: Article 44.35 — Bail Pending Habeas Corpus Appeal, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­44.­htm#44.­35 (accessed May 26, 2025).

Verified:
May 26, 2025

Art. 44.35. Bail Pending Habeas Corpus Appeal's source at texas​.gov