If the applicant is accused of committing a felony offense, whether by indictment, information, warrant, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:

1. (1) to the judge of the court in which the indictment or information charging the applicant is pending; or

2. (2) if an indictment or information charging the applicant has not been filed or the judge of the court in which the indictment or information is pending is not available:

   1. (A) to any judge with felony jurisdiction in a county to which the writ is returnable; or
   2. (B) if there is no judge with felony jurisdiction available in a county described by Paragraph (A), to any judge with felony jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).

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

Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 4, eff. September 1, 2023.