85R9275 SMT-F     By: Alonzo H.B. No. 3617       A BILL TO BE ENTITLED   AN ACT   relating to the deadline for filing an application for a writ of   habeas corpus in a death penalty case.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 4(a) and (b), Article 11.071, Code of   Criminal Procedure, are amended to read as follows:          (a)  An application for a writ of habeas corpus, returnable   to the court of criminal appeals, must be filed in the convicting   court not later than the [180th day after the date the convicting   court appoints counsel under Section 2 or not later than the] 45th   day after the date the court of criminal appeals issues its decision   [state's original brief is filed] on direct appeal [with the court   of criminal appeals, whichever date is later].          (b)  The convicting court, before the filing date described   by [that is applicable to the applicant under] Subsection (a), may   for good cause shown and after notice and an opportunity to be heard   by the attorney representing the state grant one 90-day extension   that begins on the filing date [applicable to the defendant] under   Subsection (a). Either party may request that the court hold a   hearing on the request. If the convicting court finds that the   applicant cannot establish good cause justifying the requested   extension, the court shall make a finding stating that fact and deny   the request for the extension.          SECTION 2.  The change in law made by this Act applies only   to an application for a writ of habeas corpus that is:                (1)  pending on the effective date of this Act,   regardless of when the application was filed; or                (2)  filed on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2017.