TX HB864

Creates a new procedure (Article 11.0732) allowing convicted persons to seek habeas corpus relief based on newly discovered evidence that was not available at trial and is material to the conviction

Requires applicants to demonstrate the evidence was not ascertainable through reasonable diligence before or during trial, is currently available, and would be admissible under Texas Rules of Evidence

Courts may grant relief if they find the evidence meets these requirements and determine by preponderance of evidence that the person would not have been convicted had the evidence been presented at trial

Establishes that claims based on such newly discovered evidence cannot be dismissed as previously raisable if the evidence was not ascertainable through reasonable diligence when earlier applications were filed

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