reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 65.044 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 65 - Injunction|Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction|Section 65.044. Contest of Affidavit

Sec. 65.044.  CONTEST OF AFFIDAVIT.  (a)  A party may not contest an affidavit filed by an applicant for a temporary restraining order as provided by Section 65.041.(b)  A party may contest an affidavit filed by an applicant for a temporary injunction as provided by Section 65.042:(1)  after service of a temporary restraining order in the case;  or(2)  if a temporary restraining order was not applied for or issued, after service of notice of the hearing on the application for the temporary injunction.(c)  A party contests an affidavit by filing a written motion and giving notice to all parties of the motion in accordance with Rule 21a of the Texas Rules of Civil Procedure.(d)  The court shall hear the contest at the hearing on the application for a temporary injunction and determine whether the applicant is financially able to execute a bond against the adverse party as required by the Texas Rules of Civil Procedure.  In making its determination, the court may not consider:(1)  any income from a government entitlement that the applicant receives;  or(2)  the value of the applicant's residential homestead.(e)  The court may order the applicant to post and file with the clerk a bond as required by the Texas Rules of Civil Procedure only if the court determines that the applicant is financially able to execute the bond.(f)  An attorney who represents an applicant and who provides legal services without charge to the applicant and without a contractual agreement for payment contingent on any event may file an affidavit with the court describing the financial nature of the representation.|Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.|
TX Civ Prac & Rem Code § 65.045 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 65 - Injunction|Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction|Section 65.045. Conflict With Texas Rules of Civil Procedure

Sec. 65.045.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  (a)  To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure, this subchapter controls.(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this subchapter.(c)  The district courts and statutory county courts in a county may not adopt local rules in conflict with this subchapter.|Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.|
TX Civ Prac & Rem Code § 71.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.001. Definitions

Sec. 71.001.  DEFINITIONS.  In this subchapter:(1)  "Corporation" means a municipal, private, public, or quasi-public corporation other than a county or a common or independent school district.(2)  "Person" means an individual, association of individuals, joint-stock company, or corporation or a trustee or receiver of an individual, association of individuals, joint-stock company, or corporation.(3)  "Death" includes, for an individual who is an unborn child, the failure to be born alive.(4)  "Individual" includes an unborn child at every stage of gestation from fertilization until birth.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 822, Sec. 1.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 71.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.002. Cause of Action

Sec. 71.002.  CAUSE OF ACTION.  (a)  An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section.(b)  A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.(c)  A person is liable for damages arising from an injury that causes an individual's death if:(1)  the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers;  and(2)  the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.(d)  A person is liable for damages arising from an injury that causes an individual's death if:(1)  the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery;  and(2)  the injury was caused by:(A)  the person's wrongful act, neglect, carelessness, unskillfulness, or default;(B)  the person's servant's or agent's wrongful act, neglect, carelessness, unfitness, unskillfulness, or default;  or(C)  a bad or unsafe condition of the railroad, street railway, or other machinery under the person's control or operation.(e)  A person is liable for damages arising from an injury that causes an individual's death if:(1)  the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery;  and(2)  the action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.003. Application; Certain Conduct Excepted

Sec. 71.003.  APPLICATION;  CERTAIN CONDUCT EXCEPTED.  (a)  This subchapter applies only if the individual injured would have been entitled to bring an action for the injury if the individual had lived or had been born alive.(b)  This subchapter applies whether the injury occurs inside or outside this state.(c)  This subchapter does not apply to a claim for the death of an individual who is an unborn child that is brought against:(1)  the mother of the unborn child;(2)  a physician or other licensed health care provider, if the death is the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent;(3)  a person who dispenses or administers a drug in accordance with law, if the death is the result of the dispensation or administration of the drug;  or(4)  a physician or other health care provider licensed in this state, if the death directly or indirectly is caused by, associated with, arises out of, or relates to a lawful medical or health care practice or procedure of the physician or the health care provider.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 822, Sec. 1.02, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 71.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.004. Benefitting From and Bringing Action

Sec. 71.004.  BENEFITTING FROM AND BRINGING ACTION.  (a)  An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.(b)  The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.(c)  If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.005. Evidence Relating to Marital Status

Sec. 71.005.  EVIDENCE RELATING TO MARITAL STATUS.  In an action under this subchapter, evidence of the actual ceremonial remarriage of the surviving spouse is admissible, if it is true, but the defense is prohibited from directly or indirectly mentioning or alluding to a common-law marriage, an extramarital relationship, or the marital prospects of the surviving spouse.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.0055 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.0055. Evidence of Pregnancy

Sec. 71.0055.  EVIDENCE OF PREGNANCY.  In an action under this subchapter for the death of an individual who is an unborn child, the plaintiff shall provide medical or other evidence that the mother of the individual was pregnant at the time of the individual's death.|Added by Acts 2003, 78th Leg., ch. 822, Sec. 1.03, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 71.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.006. Effect of Felonious Act

Sec. 71.006.  EFFECT OF FELONIOUS ACT.  An action under this subchapter is not precluded because the death is caused by a felonious act or because there may be a criminal proceeding in relation to the felony.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.007. Ineffective Agreement

Sec. 71.007.  INEFFECTIVE AGREEMENT.  An agreement between the owner of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery and an individual, corporation, trustee, receiver, lessee, joint-stock association, or other entity in control of or operating the vehicle, plant, or other machinery does not release the owner or the entity controlling or operating the vehicle, plant, or other machinery from liability provided by this subchapter.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.008. Death of Defendant

Sec. 71.008.  DEATH OF DEFENDANT.  (a)  If a defendant dies while an action under this subchapter is pending or if the individual against whom the action may have been instituted dies before the action is begun, the executor or administrator of the estate may be made a defendant, and the action may be prosecuted as though the defendant or individual were alive.(b)  A judgment in favor of the plaintiff shall be paid in due course of administration.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.009. Exemplary Damages

Sec. 71.009.  EXEMPLARY DAMAGES.  When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.010 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.010. Award and Apportionment of Damages

Sec. 71.010.  AWARD AND APPORTIONMENT OF DAMAGES.  (a)  The jury may award damages in an amount proportionate to the injury resulting from the death.(b)  The damages awarded shall be divided, in shares as found by the jury in its verdict, among the individuals who are entitled to recover and who are alive at that time.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.011 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.011. Damages Not Subject to Debts

Sec. 71.011.  DAMAGES NOT SUBJECT TO DEBTS.  Damages recovered in an action under this subchapter are not subject to the debts of the deceased.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.012 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter A. Wrongful Death|Section 71.012. Qualification of Foreign Personal Representative

Sec. 71.012.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE.  If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.|Added by Acts 1999, 76th Leg., ch. 382, Sec. 1, eff. May 29, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.005, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 1, eff. September 1, 2019.|
TX Civ Prac & Rem Code § 71.021 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter B. Survival|Section 71.021. Survival of Cause of Action

Sec. 71.021.  SURVIVAL OF CAUSE OF ACTION.  (a)  A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.(b)  A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.  The action survives against the liable person and the person's legal representatives.(c)  The suit may be instituted and prosecuted as if the liable person were alive.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 71.022 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter B. Survival|Section 71.022. Qualification of Foreign Personal Representative

Sec. 71.022.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE.  If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.|Added by Acts 1999, 76th Leg., ch. 382, Sec. 2, eff. May 29, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.006, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 1, eff. September 1, 2019.|
TX Civ Prac & Rem Code § 71.031 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State|Subchapter C. Death or Injury Caused by Act or Omission Out of State|Section 71.031. Act or Omission Out of State

Sec. 71.031.  ACT OR OMISSION OUT OF STATE.  (a)  An action for damages for the death or personal injury of a citizen of this state, of the United States, or of a foreign country may be enforced in the courts of this state, although the wrongful act, neglect, or default causing the death or injury takes place in a foreign state or country, if:(1)  a law of the foreign state or country or of this state gives a right to maintain an action for damages for the death or injury;(2)  the action is begun in this state within the time provided by the laws of this state for beginning the action;  (3)  for a resident of a foreign state or country, the action is begun in this state within the time provided by the laws of the foreign state or country in which the wrongful act, neglect, or default took place;  and(4)  in the case of a citizen of a foreign country, the country has equal treaty rights with the United States on behalf of its citizens.(b)  Except as provided by Subsection (a), all matters pertaining to procedure in the prosecution or maintenance of the action in the courts of this state are governed by the law of this state.(c)  The court shall apply the rules of substantive law that are appropriate under the facts of the case.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 424, Sec. 3, eff. May 29, 1997.|
TX Civ Prac & Rem Code § 72.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 72 - Liability of Motor Vehicle Owner or Operator|Subchapter A. Liability to Guest|Section 72.001. Limited Liability

Sec. 72.001.  LIMITED LIABILITY.  A person who is related to the owner or operator of a motor vehicle within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, and who is being transported in the motor vehicle over a public highway of this state as a guest without payment for the transportation has a cause of action against the owner or operator of the motor vehicle for injury, death, or loss in an accident only if the accident was intentional on the part of the owner or operator or was caused by his heedlessness or reckless disregard of the rights of others.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 7, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 72.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 72 - Liability of Motor Vehicle Owner or Operator|Subchapter A. Liability to Guest|Section 72.002. Limitation Not Applicable

Sec. 72.002.  LIMITATION NOT APPLICABLE.  There is no limitation under this subchapter on the liability of an owner or operator who is not related to the guest within the second degree by consanguinity or affinity.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by: Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 3, eff. September 1, 2021.|
TX Civ Prac & Rem Code § 72.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 72 - Liability of Motor Vehicle Owner or Operator|Subchapter A. Liability to Guest|Section 72.003. Effect on Other Liability

Sec. 72.003.  EFFECT ON OTHER LIABILITY.  (a)  This subchapter does not affect judicially developed or developing rules under which a person is or is not totally or partially immune from tort liability by virtue of family relationship.(b)  This subchapter does not relieve the owner or operator of a motor vehicle being demonstrated to a prospective purchaser or relieve a public carrier of responsibility for injuries sustained by a passenger being transported.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by: Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 3, eff. September 1, 2021.|
TX Civ Prac & Rem Code § 72.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 72 - Liability of Motor Vehicle Owner or Operator|Subchapter A. Liability to Guest|Section 72.004. Offset for Medical Expenses Paid

Sec. 72.004.  OFFSET FOR MEDICAL EXPENSES PAID.  (a)  The owner or operator or his liability insurance carrier is entitled to an offset against any award made to the guest on a liability claim in an amount equal to the amount paid by the owner, operator, or insurance carrier for medical expenses of the guest.(b)  This section does not authorize a direct action against a liability insurance carrier.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 72.051 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 72 - Liability of Motor Vehicle Owner or Operator|Subchapter B. Actions Regarding Commercial Motor Vehicles|Section 72.051. Definitions

Sec. 72.051.  DEFINITIONS.  In this subchapter:(1)  "Accident" means an event in which operating a commercial motor vehicle causes bodily injury or death.(2)  "Civil action" means an action in which:(A)  a claimant seeks recovery of damages for bodily injury or death caused in an accident; and(B)  a defendant:(i)  operated a commercial motor vehicle involved in the accident; or(ii)  owned, leased, or otherwise held or exercised legal control over a commercial motor vehicle or operator of a commercial motor vehicle involved in the accident.(3)  "Claimant" means a person, including a decedent's estate, seeking or who has sought recovery of damages in a civil action.  The term includes a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, and an intervenor.  The term does not include a passenger in a commercial motor vehicle unless the person is an employee of the owner, lessor, lessee, or operator of the vehicle.(4)  "Commercial motor vehicle" means a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services.  The term does not include a motor vehicle being used at the time of the accident for personal, family, or household purposes.(5)  "Compensatory damages" has the meaning assigned by Section 41.001.(6)  "Employee" means a person who works for another person for compensation. The term includes a person deemed an employee under state or federal law and any other agent or person for whom an employer may be liable under respondeat superior.(7)  "Exemplary damages" has the meaning assigned by Section 41.001.(8)  "Motor vehicle" means a self-propelled device in which a person or property can be transported on a public highway.  The term includes a trailer when in use with a self-propelled device described by this subdivision.  The term does not include a device used exclusively upon stationary rails or tracks.(9)  "Operated," "operating," and "operation," when used with respect to a commercial motor vehicle, means to cause the vehicle to move or function in any respect, including driving, stopping, or parking the vehicle or otherwise putting the vehicle into use or operation.  These terms include a commercial motor vehicle that has become disabled.(10)  "Video" means an electronic representation of a sequence of images, with or without accompanying audio, depicting either stationary or moving scenes, regardless of the manner in which the sequence of images is captured, recorded, or stored.|Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 4, eff. September 1, 2021.|