TX HB1291

Amends Article 11.07 of the Code of Criminal Procedure to add a third pathway for courts to consider subsequent habeas corpus applications in felony cases

Allows consideration of subsequent habeas applications when the prosecuting attorney (district attorney, criminal district attorney, or county attorney with criminal jurisdiction) provides written consent to the court reviewing the merits

Maintains existing requirements that subsequent applications must either present claims that were previously unavailable, or establish by preponderance of evidence that a constitutional violation would have prevented any rational juror from finding guilt beyond reasonable doubt

Explicitly excludes assistant prosecuting attorneys from the definition of "attorney representing the state" who can provide consent for subsequent habeas review

Applies only to habeas corpus applications filed on or after September 1, 2025