S.B. No. 354

	AN ACT
	relating to permitting electronic delivery of certain documents in
	a criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (b), Section 3, Article 11.07, Code
	of Criminal Procedure, is amended to read as follows:
	(b)  An application for writ of habeas corpus filed after
	final conviction in a felony case, other than a case in which the
	death penalty is imposed, must be filed with the clerk of the court
	in which the conviction being challenged was obtained, and the
	clerk shall assign the application to that court.  When the
	application is received by that court, a writ of habeas corpus,
	returnable to the Court of Criminal Appeals, shall issue by
	operation of law. The clerk of that court shall make appropriate
	notation thereof, assign to the case a file number (ancillary to
	that of the conviction being challenged), and forward a copy of the
	application by certified mail, return receipt requested, by secure
	electronic mail, or by personal service to the attorney
	representing the state in that court, who shall answer the
	application not later than the 15th day after the date the copy of
	the application is received. Matters alleged in the application
	not admitted by the state are deemed denied.
	SECTION 2.  Subsection (c), Section 6, Article 11.071, Code
	of Criminal Procedure, is amended to read as follows:
	(c)  The clerk of the convicting court shall:
	(1)  make an appropriate notation that a writ of habeas
	corpus was issued;
	(2)  assign to the case a file number that is ancillary
	to that of the conviction being challenged; and
	(3)  send a copy of the application by certified mail,
	return receipt requested, or by secure electronic mail to the
	attorney representing the state in that court.
	SECTION 3.  Subsection (b), Section 7, Article 11.072, Code
	of Criminal Procedure, is amended to read as follows:
	(b)  At the time an order is entered under this section, the
	clerk of the court shall immediately, by certified mail, return
	receipt requested, or by secure electronic mail, send a copy of the
	order to the applicant and to the state.
	SECTION 4.  Section 4, Article 38.41, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 4.  Not later than the 20th day before the trial begins
	in a proceeding in which a certificate of analysis under this
	article is to be introduced, the certificate must be filed with the
	clerk of the court and a copy must be provided by fax, secure
	electronic mail, hand delivery, or certified mail, return receipt
	requested, to the opposing party. The certificate is not
	admissible under Section 1 if, not later than the 10th day before
	the trial begins, the opposing party files a written objection to
	the use of the certificate with the clerk of the court and provides
	a copy of the objection by fax, secure electronic mail, hand
	delivery, or certified mail, return receipt requested, to the
	offering party.
	SECTION 5.  Section 4, Article 38.42, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 4.  Not later than the 20th day before the trial begins
	in a proceeding in which a chain of custody affidavit under this
	article is to be introduced, the affidavit must be filed with the
	clerk of the court and a copy must be provided by fax, secure
	electronic mail, hand delivery, or certified mail, return receipt
	requested, to the opposing party. The affidavit is not admissible
	under Section 1 if, not later than the 10th day before the trial
	begins, the opposing party files a written objection to the use of
	the affidavit with the clerk of the court and provides a copy of the
	objection by fax, secure electronic mail, hand delivery, or
	certified mail, return receipt requested, to the offering party.
	SECTION 6.  The changes in law made by this Act apply only to
	a legal document delivered, filed, or served on or after the
	effective date of this Act. A legal document delivered, filed, or
	served before the effective date of this Act is governed by the law
	in effect before the effective date of this Act, and the former law
	is continued in effect for that purpose.
	SECTION 7.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 354 passed the Senate on
	April 4, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 354 passed the House on
	May 7, 2013, by the following vote:  Yeas 143, Nays 0, two present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor