reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter A. Availability of Remedy › Section 61.0021. Grounds for Attachment in Suit for Sexual Assault

Sec. 61.0021.  GROUNDS FOR ATTACHMENT IN SUIT FOR SEXUAL ASSAULT.  (a)  Notwithstanding any other provision of this code, attachment is available to a plaintiff who:
(1)  has general grounds for issuance under Sections 61.001(2) and (3); and
(2)  institutes a suit for personal injury arising as a result of conduct that violates:
(A)  Section 22.011(a)(2), Penal Code (sexual assault of a child);
(B)  Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child);
(C)  Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual); or
(D)  Section 21.11, Penal Code (indecency with a child).
(b)  A court may issue a writ of attachment in a suit described by Subsection (a) in an amount the court determines to be appropriate to provide for the counseling and medical needs of the plaintiff.
Added by Acts 2009, 81st Leg., R.S., Ch. 946 (H.B. 3246), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.04, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter A. Availability of Remedy › Section 61.003. Pending Suit Required

Sec. 61.003.  PENDING SUIT REQUIRED.  A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of a suit, but may not be issued before a suit has been instituted.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter A. Availability of Remedy › Section 61.004. Available for Debt Not Due

Sec. 61.004.  AVAILABLE FOR DEBT NOT DUE.  A writ of attachment may be issued even though the plaintiff's debt or demand is not due.  The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the debt or demand becomes due.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter A. Availability of Remedy › Section 61.005. Certain Torts and Unliquidated Demands

Sec. 61.005.  CERTAIN TORTS AND UNLIQUIDATED DEMANDS.  Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual, partnership, association, or corporation on whom personal service cannot be obtained in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter B. Issuance › Section 61.021. Who May Issue

Sec. 61.021.  WHO MAY ISSUE.  The judge or clerk of a district or county court or a justice of the peace may issue a writ of original attachment returnable to his court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter B. Issuance › Section 61.022. Affidavit

Sec. 61.022.  AFFIDAVIT.  (a)  Except as provided by Subsection (a-1), to apply for a writ of attachment, a plaintiff or the plaintiff's agent or attorney must file with the court an affidavit that states:
(1)  general grounds for issuance under Sections 61.001(1), (2), and (3);
(2)  the amount of the demand; and
(3)  specific grounds for issuance under Section 61.002.
(a-1)  To apply for a writ of attachment under Section 61.0021, a plaintiff or the plaintiff's agent or attorney must file with the court an affidavit that states:
(1)  general grounds for issuance under Sections 61.001(2) and (3);
(2)  specific grounds for issuance under Section 61.0021(a); and
(3)  the amount of the demand based on the estimated cost of counseling and medical needs of the plaintiff.
(b)  The affidavit shall be filed with the papers of the case.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 946 (H.B. 3246), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter B. Issuance › Section 61.023. Bond

Sec. 61.023.  BOND.  (a)  Before a writ of attachment may be issued, the plaintiff must execute a bond that:
(1)  has two or more good and sufficient sureties;
(2)  is payable to the defendant;
(3)  is in an amount fixed by the judge or justice issuing the writ;  and
(4)  is conditioned on the plaintiff prosecuting his suit to effect and paying all damages and costs adjudged against him for wrongful attachment.
(b)  The plaintiff shall deliver the bond to the officer issuing the writ for that officer's approval.  The bond shall be filed with the papers of the case.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter C. Levy › Section 61.041. Subject Property

Sec. 61.041.  SUBJECT PROPERTY.  A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter C. Levy › Section 61.042. Attachment of Personalty

Sec. 61.042.  ATTACHMENT OF PERSONALTY.  The officer attaching personal property shall retain possession until final judgment unless the property is:
(1)  replevied;
(2)  sold as provided by law;  or
(3)  claimed by a third party who posts bond and tries his right to the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter C. Levy › Section 61.043. Attachment of Realty

Sec. 61.043.  ATTACHMENT OF REALTY.  (a)  To attach real property, the officer levying the writ shall immediately file a copy of the writ and the applicable part of the return with the county clerk of each county in which the property is located.
(b)  If the writ of attachment is quashed or vacated, the court that issued the writ shall send a certified copy of the order to the county clerk of each county in which the property is located.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter C. Levy › Section 61.044. Claim on Attached Personalty by Third Party

Sec. 61.044.  CLAIM ON ATTACHED PERSONALTY BY THIRD PARTY.  A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for trial of right of property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter C. Levy › Section 61.045. Attachment of Personalty Held by Financial Institution

Sec. 61.045.  ATTACHMENT OF PERSONALTY HELD BY FINANCIAL INSTITUTION.  Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.
Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.003, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter D. Lien › Section 61.061. Attachment Lien

Sec. 61.061.  ATTACHMENT LIEN.  Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal property held by the attaching officer, and on the proceeds of any attached personal property that may have been sold.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter D. Lien › Section 61.062. Judgment and Foreclosure

Sec. 61.062.  JUDGMENT AND FORECLOSURE.  (a)  If the plaintiff recovers in the suit, the attachment lien is foreclosed as in the case of other liens.  The court shall direct proceeds from personal property previously sold to be applied to the satisfaction of the judgment and the sale of personal property remaining in the hands of the officer and of the real property levied on to satisfy the judgment.
(b)  If the writ of attachment on real property was issued from a county or justice court, the court is not required to enter an order or decree foreclosing the lien, but to preserve the lien the judgment must briefly recite the issuance and levy of the writ.  The land may be sold under execution after judgment, and the sale vests in the purchaser all of the estate of the defendant in the land at the time of the levy.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter D. Lien › Section 61.063. Judgment on Replevied Property

Sec. 61.063.  JUDGMENT ON REPLEVIED PROPERTY.  A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the amount of the judgment plus interest and costs or for an amount equal to the value of the replevied property plus interest, according to the terms of the replevy bond.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter E. Works of Fine Art › Section 61.081. Exemption When en Route to or in an Exhibition

Sec. 61.081.  EXEMPTION WHEN EN ROUTE TO OR IN AN EXHIBITION.  (a)  Subject to the limitations of this section, a court may not issue and a person may not serve any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a work of fine art while it is:
(1)  en route to an exhibition;  or
(2)  in the possession of the exhibitor or on display as part of the exhibition.
(b)  The restriction on the issuance and service of process in Subsection (a) applies only for a period that:
(1)  begins on the date that the work of fine art is en route to an exhibition;  and
(2)  ends on the earlier of the following dates:
(A)  six months after the date that the work of fine art is en route to the exhibition;  or
(B)  the date that the exhibition ends.
(c)  Subsection (a) does not apply to a work of fine art if, at any other time, issuance and service of process in relation to the work has been restricted as provided by Subsection (a).
(d)  Subsection (a) does not apply if theft of the work of art from its owner is alleged and found proven by the court.
(e)  A court shall, in issuing service of process described by Subsection (a), require that the person serving the process give notice to the exhibitor not less than seven days before the date the period under Subsection (b) ends of the person's intent to serve process.
(f)  In this section, "exhibition" means an exhibition:
(1)  held under the auspices or supervision of:
(A)  an organization exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt organization in Section 501(c)(3) of the code;  or
(B)  a public or private institution of higher education;
(2)  held for a cultural, educational, or charitable purpose;  and
(3)  not held for the profit of the exhibitor.
Added by Acts 1999, 76th Leg., ch. 1043, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter E. Works of Fine Art › Section 61.082. Handling and Transportation

Sec. 61.082.  HANDLING AND TRANSPORTATION.  A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a work of fine art unless the court requires, as part of the order authorizing the process, that the work of fine art is handled and transported in a manner that complies with the accepted standards of the artistic community for works of fine art, including, if appropriate, measures relating to the maintenance of proper environmental conditions, proper maintenance, security, and insurance coverage.
Added by Acts 1999, 76th Leg., ch. 1043, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter A. Availability of Remedy › Section 62.001. Grounds

Sec. 62.001.  GROUNDS.  A writ of sequestration is available to a plaintiff in a suit if:
(1)  the suit is for title or possession of personal property or fixtures or for foreclosure or enforcement of a mortgage, lien, or security interest on personal property or fixtures and a reasonable conclusion may be drawn that there is immediate danger that the defendant or the party in possession of the property will conceal, dispose of, ill-treat, waste, or destroy the property or remove it from the county during the suit;
(2)  the suit is for title or possession of real property or for foreclosure or enforcement of a mortgage or lien on real property and a reasonable conclusion may be drawn that there is immediate danger that the defendant or the party in possession of the property will use his possession to injure or ill-treat the property or waste or convert to his own use the timber, rents, fruits, or revenue of the property;
(3)  the suit is for the title or possession of property from which the plaintiff has been ejected by force or violence;  or
(4)  the suit is to try the title to real property, to remove a cloud from the title of real property, to foreclose a lien on real property, or to partition real property and the plaintiff makes an oath that one or more of the defendants is a nonresident of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter A. Availability of Remedy › Section 62.002. Pending Suit Required

Sec. 62.002.  PENDING SUIT REQUIRED.  A writ of sequestration may be issued at the initiation of a suit or at any time before final judgment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter A. Availability of Remedy › Section 62.003. Available for Claim Not Due

Sec. 62.003.  AVAILABLE FOR CLAIM NOT DUE.  A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage or lien has not accrued.  The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the right of action has accrued.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter B. Issuance › Section 62.021. Who May Issue

Sec. 62.021.  WHO MAY ISSUE.  A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter B. Issuance › Section 62.022. Application

Sec. 62.022.  APPLICATION.  The application for a writ of sequestration must be made under oath and must set forth:
(1)  the specific facts stating the nature of the plaintiff's claim;
(2)  the amount in controversy, if any;  and
(3)  the facts justifying issuance of the writ.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter B. Issuance › Section 62.023. Required Statement of Rights

Sec. 62.023.  REQUIRED STATEMENT OF RIGHTS.  (a)  A writ of sequestration must prominently display the following statement on the face of the writ:
YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND.  YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.
(b)  The statement must be printed in 10-point type and in a manner intended to advise a reasonably attentive person of its contents.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter C. Dissolution and Replevy › Section 62.041. Motion for Dissolution; Stay

Sec. 62.041.  MOTION FOR DISSOLUTION;  STAY.  (a)  The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court.
(b)  The right to seek dissolution is cumulative of the right of replevy.
(c)  The filing of a motion to dissolve stays proceedings under the writ until the issue is determined.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter C. Dissolution and Replevy › Section 62.042. Hearing on Motion

Sec. 62.042.  HEARING ON MOTION.  Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th day after the motion is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter C. Dissolution and Replevy › Section 62.043. Dissolution

Sec. 62.043.  DISSOLUTION.  (a)  Following the hearing, the writ must be dissolved unless the party who secured its issuance proves the specific facts alleged and the grounds relied on for issuance.
(b)  If the writ is dissolved, the action proceeds as if the writ had not been issued.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter C. Dissolution and Replevy › Section 62.044. Compulsory Counterclaim for Wrongful Sequestration

Sec. 62.044.  COMPULSORY COUNTERCLAIM FOR WRONGFUL SEQUESTRATION.  (a)  If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim.
(b)  In addition to damages, the party who sought dissolution of the writ may recover reasonable attorney's fees incurred in dissolution of the writ.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter C. Dissolution and Replevy › Section 62.045. Wrongful Sequestration of Consumer Goods

Sec. 62.045.  WRONGFUL SEQUESTRATION OF CONSUMER GOODS.  (a)  If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable attorney's fees and to damages equal to the greater of:
(1)  $100;
(2)  the finance charge contracted for;  or
(3)  actual damages.
(b)  Damages may not be awarded for the failure of the plaintiff to prove by a preponderance of the evidence the specific facts alleged if the failure is the result of a bona fide error.  For a bona fide error to be available as a defense, the plaintiff must prove the use of reasonable procedures to avoid the error.
(c)  In this section, "consumer goods" has the meaning assigned by the Business & Commerce Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.11, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter C. Dissolution and Replevy › Section 62.046. Liability for Fruit of Replevied Property

Sec. 62.046.  LIABILITY FOR FRUIT OF REPLEVIED PROPERTY.  (a)  In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for the fruits, hire, revenue, or rent of the property.
(b)  This section does not apply to a plaintiff who replevies the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter D. Care and Management of Sequestered Property › Section 62.061. Officer's Liability and Duty of Care

Sec. 62.061.  OFFICER'S LIABILITY AND DUTY OF CARE.  (a)  An officer who executes a writ of sequestration shall care for and manage in a prudent manner the sequestered property he retains in custody.
(b)  If the officer entrusts sequestered property to another person, the officer is responsible for the acts of that person relating to the property.
(c)  The officer is liable for injuries to the sequestered property resulting from his neglect or mismanagement or from the neglect or mismanagement of a person to whom he entrusts the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter D. Care and Management of Sequestered Property › Section 62.062. Compensation of Officer

Sec. 62.062.  COMPENSATION OF OFFICER.  (a)  An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued the writ.
(b)  The officer's compensation and charges shall be taxed and collected as a cost of suit.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 62 - Sequestration › Subchapter D. Care and Management of Sequestered Property › Section 62.063. Indemnification of Officer for Money Spent

Sec. 62.063.  INDEMNIFICATION OF OFFICER FOR MONEY SPENT.  If an officer is required to expend money in the security, management, or care of sequestered property, he may retain possession of the property until the money is repaid by the party seeking to replevy the property or by that party's agent or attorney.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.001. Grounds

Sec. 63.001.  GROUNDS.  A writ of garnishment is available if:
(1)  an original attachment has been issued;
(2)  a plaintiff sues for a debt and makes an affidavit stating that:
(A)  the debt is just, due, and unpaid;
(B)  within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt;  and
(C)  the garnishment is not sought to injure the defendant or the garnishee;  or
(3)  a plaintiff has a valid, subsisting judgment and makes an affidavit stating that, within the plaintiff's knowledge, the defendant does not possess property in Texas subject to execution sufficient to satisfy the judgment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.002. Who May Issue

Sec. 63.002.  WHO MAY ISSUE.  The clerk of a district or county court or a justice of the peace may issue a writ of garnishment returnable to his court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.003. Effect of Service

Sec. 63.003.  EFFECT OF SERVICE.  (a)  After service of a writ of garnishment, the garnishee may not deliver any effects or pay any debt to the defendant.  If the garnishee is a corporation or joint-stock company, the garnishee may not permit or recognize a sale or transfer of shares or an interest alleged to be owned by the defendant.
(b)  A payment, delivery, sale, or transfer made in violation of Subsection (a) is void as to the amount of the debt, effects, shares, or interest necessary to satisfy the plaintiff's demand.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.004. Current Wages Exempt

Sec. 63.004.  CURRENT WAGES EXEMPT.  Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment.  The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 466, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.005. Place for Trial

Sec. 63.005.  PLACE FOR TRIAL.  (a)  If a garnishee other than a foreign corporation is not a resident of the county in which the original suit is pending or was tried and a party to the suit files an affidavit controverting the garnishee's answer, the issues raised by the answer and controverting affidavit shall be tried in the county in which the garnishee resides.  The issues may be tried in a court of that county that has jurisdiction of the amount of the original judgment if the plaintiff files with the court a certified copy of the judgment in the original suit and a certified copy of the proceedings in garnishment, including the plaintiff's application for the writ, the garnishee's answer, and the controverting affidavit.
(b)  If a garnishee whose answer is controverted is a foreign corporation, the issues raised by the answer and controverting affidavit shall be tried in the court in which the original suit is pending or was tried.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.006. Administrative Fee for Certain Costs Incurred by Employers

Sec. 63.006.  ADMINISTRATIVE FEE FOR CERTAIN COSTS INCURRED BY EMPLOYERS.  (a)  An employer who is required by state or federal law to deduct from the current wages of an employee an amount garnished under a withholding order may deduct monthly an administrative fee as provided by Subsection (b) from the employee's disposable earnings in addition to the amount required to be withheld under the withholding order.  This section does not apply to income withholding under Chapter 158, Family Code.
(b)  The administrative fee deducted under Subsection (a) may not exceed the lesser of:
(1)  the actual administrative cost incurred by the employer in complying with the withholding order;  or
(2)  $10.
(c)  For the purposes of this section, "withholding order" means:
(1)  a withholding order issued under Section 488A, Part F, Subchapter IV, Higher Education Act of 1965 (20 U.S.C. Section 1095a);  and
(2)  any analogous order issued under a state or federal law that:
(A)  requires the garnishment of an employee's current wages;  and
(B)  does not contain an express provision authorizing or prohibiting the payment of the administrative costs incurred by the employer in complying with the garnishment by the affected employee.
Added by Acts 1997, 75th Leg., ch. 466, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.007. Garnishment of Funds Held in Inmate Trust Fund

Sec. 63.007.  GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND.  (a)  A writ of garnishment may be issued against an inmate trust fund held under the authority of the Texas Department of Criminal Justice under Section 501.014, Government Code, to encumber money that is held for the benefit of an inmate in the fund.
(b)  The state's sovereign immunity to suit is waived only to the extent necessary to authorize a garnishment action in accordance with this section.
Added by Acts 1997, 75th Leg., ch. 1409, Sec. 6, eff. Sept. 1, 1997.  Renumbered from Sec. 63.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(4), eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 63 - Garnishment › Section 63.008. Financial Institution as Garnishee

Sec. 63.008.  FINANCIAL INSTITUTION AS GARNISHEE.  Service of a writ of garnishment on a financial institution named as the garnishee in the writ is governed by Section 59.008, Finance Code.
Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.004, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter A. General Provisions › Section 64.001. Availability of Remedy

Sec. 64.001.  AVAILABILITY OF REMEDY.  (a)  A court of competent jurisdiction may appoint a receiver:
(1)  in an action by a vendor to vacate a fraudulent purchase of property;
(2)  in an action by a creditor to subject any property or fund to his claim;
(3)  in an action between partners or others jointly owning or interested in any property or fund;
(4)  in an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property;
(5)  for a corporation that is insolvent, is in imminent danger of insolvency, has been dissolved, or has forfeited its corporate rights;  or
(6)  in any other case in which a receiver may be appointed under the rules of equity.
(b)  Under Subsection (a)(1), (2), or (3), the receiver may be appointed on the application of the plaintiff in the action or another party.  The party must have a probable interest in or right to the property or fund, and the property or fund must be in danger of being lost, removed, or materially injured.
(c)  Under Subsection (a)(4), the court may appoint a receiver only if:
(1)  it appears that the mortgaged property is in danger of being lost, removed, or materially injured;  or
(2)  the condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt.
(d)  A court having family law jurisdiction or a probate court located in the county in which a missing person, as defined by Article 63.001, Code of Criminal Procedure, resides or, if the missing person is not a resident of this state, located in the county in which the majority of the property of a missing person's estate is located may, on the court's own motion or on the application of an interested party, appoint a receiver for the missing person if:
(1)  it appears that the estate of the missing person is in danger of injury, loss, or waste;  and
(2)  the estate of the missing person is in need of a representative.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1376, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1081, Sec. 1, 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter A. General Provisions › Section 64.002. Persons Not Entitled to Appointment

Sec. 64.002.  PERSONS NOT ENTITLED TO APPOINTMENT.  (a)  A court may not appoint a receiver for a corporation, partnership, or individual on the petition of the same corporation, partnership, or individual.
(b)  A court may appoint a receiver for a corporation on the petition of one or more stockholders of the corporation.
(c)  This section does not prohibit:
(1)  appointment of a receiver for a partnership in an action arising between partners;  or
(2)  appointment of a receiver over all or part of the marital estate in a suit filed under Title 1 or 5, Family Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.12(a), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 165, Sec. 7.06, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter A. General Provisions › Section 64.003. Foreign Appointment

Sec. 64.003.  FOREIGN APPOINTMENT.  A court outside this state may not appoint a receiver for:
(1)  a person who resides in this state and for whom appointment of a receiver has been applied for in this state;  or
(2)  property located in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter A. General Provisions › Section 64.004. Application of Equity Rules

Sec. 64.004.  APPLICATION OF EQUITY RULES.  Unless inconsistent with this chapter or other general law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter B. Qualifications, Oath, and Bond › Section 64.021. Qualifications; Residence Requirement

Sec. 64.021.  QUALIFICATIONS;  RESIDENCE REQUIREMENT.  (a)  To be appointed as a receiver for property that is located entirely or partly in this state, a person must:
(1)  be a citizen and qualified voter of this state at the time of appointment;  and
(2)  not be a party, attorney, or other person interested in the action for appointment of a receiver.
(b)  The appointment of a receiver who is disqualified under Subsection (a)(1) is void as to property in this state.
(c)  A receiver must maintain actual residence in this state during the receivership.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter B. Qualifications, Oath, and Bond › Section 64.022. Oath

Sec. 64.022.  OATH.  Before a person assumes the duties of a receiver, he must be sworn to perform the duties faithfully.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter B. Qualifications, Oath, and Bond › Section 64.023. Bond

Sec. 64.023.  BOND.  Before a person assumes the duties of a receiver, he must execute a good and sufficient bond that is:
(1)  approved by the appointing court;
(2)  in an amount fixed by the court;  and
(3)  conditioned on faithful discharge of his duties as receiver in the named action and obedience to the orders of the court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter C. Powers and Duties › Section 64.031. General Powers and Duties

Sec. 64.031.  GENERAL POWERS AND DUTIES.  Subject to the control of the court, a receiver may:
(1)  take charge and keep possession of the property;
(2)  receive rents;
(3)  collect and compromise demands;
(4)  make transfers;  and
(5)  perform other acts in regard to the property as authorized by the court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter C. Powers and Duties › Section 64.032. Inventory

Sec. 64.032.  INVENTORY.  As soon as possible after appointment, a receiver shall return to the appointing court an inventory of all property received.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter C. Powers and Duties › Section 64.033. Suits by Receiver

Sec. 64.033.  SUITS BY RECEIVER.  A receiver may bring suits in his official capacity without permission of the appointing court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter C. Powers and Duties › Section 64.034. Investments, Loans, and Contributions of Funds

Sec. 64.034.  INVESTMENTS, LOANS, AND CONTRIBUTIONS OF FUNDS.  (a)  Except as provided by Subsection (b), on an order of the court to which all parties consent, a receiver may invest for interest any funds that he holds.
(b)  A receiver appointed for a missing person under Section 64.001(d) who has on hand an amount of money belonging to the missing person in excess of the amount needed for current necessities and expenses may, on order of the court, invest, lend, or contribute all or a part of the excess amount in the manner provided by Chapter 1161, Estates Code, for investments, loans, or contributions by guardians.  The receiver shall report to the court all transactions involving the excess amount in the manner that reports are required of guardians.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1081, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.002, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter C. Powers and Duties › Section 64.035. Deposit of Certain Railroad Funds

Sec. 64.035.  DEPOSIT OF CERTAIN RAILROAD FUNDS.  If a receiver operates a railroad that lies wholly within this state, the receiver shall deposit all money that comes into his hands, from operation of the railroad or otherwise, in a place in this state directed by the court.  The money shall remain on deposit until properly disbursed.  If any portion of the railroad lies in another state, the court shall require the receiver to deposit in this state a share of the funds that is at least proportionate to the value of the property of the company in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter C. Powers and Duties › Section 64.036. Receivership Property Held by Financial Institution

Sec. 64.036.  RECEIVERSHIP PROPERTY HELD BY FINANCIAL INSTITUTION.  Service or delivery of a notice of receivership, or a demand or instruction by or on behalf of a receiver, relating to receivership property held by a financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.
Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.005, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter D. Claims and Liabilities › Section 64.051. Application of Funds; Preferences

Sec. 64.051.  APPLICATION OF FUNDS;  PREFERENCES.  (a)  A receiver shall apply the earnings of property held in receivership to the payment of the following claims in the order listed:
(1)  court costs of suit;
(2)  wages of employees due by the receiver;
(3)  debts owed for materials and supplies purchased by the receiver for the improvement of the property held as receiver;
(4)  debts due for improvements made during the receivership to the property held as receiver;
(5)  claims and accounts against the receiver on contracts made by the receiver, personal injury claims and claims for stock against the receiver accruing during the receivership, and judgments rendered against the receiver for personal injuries and for stock killed;  and
(6)  judgments recovered in suits brought before the receiver was appointed.
(b)  Claims listed in this section have a preference lien on the earnings of the property held by the receiver.
(c)  The court shall ensure that the earnings are paid in the order of preference listed in this section.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter D. Claims and Liabilities › Section 64.052. Suits Against Receiver

Sec. 64.052.  SUITS AGAINST RECEIVER.  (a)  A receiver who holds property in this state may be sued in his official capacity in a court of competent jurisdiction without permission of the appointing court.
(b)  A suit against a receiver may be brought where the person whose property is in receivership resides.
(c)  In a suit against a receiver, citation may be served on the receiver or on any agent of the receiver who resides in the county in which the suit is brought.
(d)  The discharge of a receiver does not abate a suit against the receiver or affect the right of a party to sue the receiver.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter D. Claims and Liabilities › Section 64.053. Payment of Judgment Against Receiver

Sec. 64.053.  PAYMENT OF JUDGMENT AGAINST RECEIVER.  The court that appointed a receiver shall order any judgment against the receiver to be paid from funds held by the receiver.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter D. Claims and Liabilities › Section 64.054. Judgment Lien

Sec. 64.054.  JUDGMENT LIEN.  A judgment rendered against a receiver in a cause of action arising during the receivership is a lien on all property held by the receiver.  The lien is superior to the mortgage lien of a mortgagee who instituted the receivership.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter D. Claims and Liabilities › Section 64.055. Execution on Judgment

Sec. 64.055.  EXECUTION ON JUDGMENT.  (a)  To obtain payment on a judgment against a receiver, the owner of the judgment may apply to the court that appointed the receiver for an order that the receiver pay the judgment.  If the receiver possesses money that is subject to payment of the judgment, but the court refuses to order payment, the owner of the judgment may apply to the court that issued the judgment for execution on the judgment.
(b)  The owner of the judgment must file with the court that issued the judgment an affidavit reciting that:
(1)  he applied to the court that appointed the receiver for an order of payment;
(2)  it was shown to the appointing court that the receiver had money subject to payment of the judgment at that time;  and
(3)  the appointing court refused to order the receiver to pay the judgment.
(c)  The court that issued the judgment shall issue execution that may be levied on any property held by the receiver.  The property shall be sold as under ordinary execution, and the sale of the property conveys title to the purchaser.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter D. Claims and Liabilities › Section 64.056. Liability of Persons Receiving Receivership Property

Sec. 64.056.  LIABILITY OF PERSONS RECEIVING RECEIVERSHIP PROPERTY.  (a)  A person to whom a receiver delivers property held in receivership, including the owner of the property, a person who receives it for the owner, or an assignee of the owner is liable to the extent of the value of the property for the liabilities of the receiver arising during the receivership that are unpaid at the time of the receiver's discharge.  The person receiving the property may be made a defendant to a suit against the receiver, and if judgment is rendered against the receiver, the court shall also render judgment against that defendant.
(b)  A judgment against a receiver or an unpaid claim that arose during the receivership and has not been sued on at the date the receiver is discharged constitutes a preference lien on the property held by the receiver on the date of discharge.  The lien is superior to the mortgage lien of a mortgagee who instituted the receivership.  The person who received the property is liable on the judgment or claim to the extent of the value of the property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.071. Venue for Appointment

Sec. 64.071.  VENUE FOR APPOINTMENT.  An action to have a receiver appointed for a corporation with property in this state shall be brought in the county in which the principal office of the corporation is located.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.072. Limited Duration

Sec. 64.072.  LIMITED DURATION.  (a)  Except as provided by this section, a court may not administer a corporation in receivership for more than three years after the date the receiver is appointed, and the court shall wind up the affairs of the corporation within that period.
(b)  A court may, from time to time, extend the duration of a corporate receivership if:
(1)  litigation prevents the court from winding up the affairs of the corporation within three years;  or
(2)  the receiver is operating the corporation as a going concern.
(c)  To extend the duration of a corporate receivership, the court must have received an application for the extension and, following notice to all attorneys of record, must conduct a hearing on the extension.  As required by the best interests of all concerned parties, the court may prescribe conditions for the extension and extend it for a term within the limits provided by Subsection (d).  The court shall enter into its minutes the proper order extending the receivership.
(d)  A court may not extend a corporate receivership for more than five years beyond the original three years, except that the court may extend for any additional period the receivership of a corporation organized under former Article 3.05(A)(2), Texas Miscellaneous Corporation Laws Act (Article 1302-3.05, Vernon's Texas Civil Statutes), Section 2.006, Business Organizations Code, before September 1, 2009, or a railroad corporation organized under the Business Organizations Code or former Title 112, Revised Statutes.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 5.001, eff. September 1, 2011.