Tex. Code Crim. Proc. art. 11.30

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 11.30 - How Return Is Made

The return is made by stating in plain language on the copy of the writ or some paper connected with it:

1. Whether it is true or not, according to the statement of the application , that the person has in the person's custody, or under the person's restraint, the applicant named or described in the application ;

2. By virtue of what authority, or for what cause, the person took and detains the applicant ;

3. If the person had the applicant in the person's custody or under restraint at any time before the service of the writ, and has transferred the applicant to the custody of another, the person shall state particularly to whom, at what time, for what reason or by what authority the person made the transfer;

4. The person shall annex to the person's return the writ or warrant, if any, by virtue of which the person holds the applicant in custody; and

5. The return must be signed and sworn to by the person making it.

Tex. Code Crim. Proc. § 11.30

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 933,Sec. 14, eff. 9/1/2023.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.