Texas Government Code - Section 22.002. Writ Power
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§ 22.002. WRIT POWER. (a) The supreme court or a justice
of the supreme court may issue writs of procedendo and certiorari
and all writs of quo warranto and mandamus agreeable to the
principles of law regulating those writs, against a statutory
county court judge, a statutory probate court judge, a district
judge, a court of appeals or a justice of a court of appeals, or any
officer of state government except the governor, the court of
criminal appeals, or a judge of the court of criminal appeals.
(b) The supreme court or, in vacation, a justice of the
supreme court may issue a writ of mandamus to compel a statutory
county court judge, a statutory probate court judge, or a district
judge to proceed to trial and judgment in a case agreeable to the
principles and usages of law, returnable to the supreme court on or
before the first day of the term, or during the session of the term,
or before any justice of the supreme court as the nature of the case
requires.
(c) Only the supreme court has the authority to issue a writ
of mandamus or injunction, or any other mandatory or compulsory
writ or process, against any of the officers of the executive
departments of the government of this state to order or compel the
performance of a judicial, ministerial, or discretionary act or
duty that, by state law, the officer or officers are authorized to
perform.
(d) Repealed by Acts 1987, 70th Leg., ch. 148, § 2.03.
(e) The supreme court or a justice of the supreme court,
either in termtime or vacation, may issue a writ of habeas corpus
when a person is restrained in his liberty by virtue of an order,
process, or commitment issued by a court or judge on account of the
violation of an order, judgment, or decree previously made,
rendered, or entered by the court or judge in a civil case. Pending
the hearing of an application for a writ of habeas corpus, the
supreme court or a justice of the supreme court may admit to bail a
person to whom the writ of habeas corpus may be so granted.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.03, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 355, § 1, eff. Sept. 1, 1995.
Section: 21.004 21.005 21.006 21.007 21.008 21.009 22.001 22.002 22.003 22.004 22.005 22.006 22.007 22.008 22.009
Last modified: August 11, 2007
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