reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.014. Pleadings Must Contain Partial Identification Information

Sec. 30.014.  PLEADINGS MUST CONTAIN PARTIAL IDENTIFICATION INFORMATION.  (a)  In a civil action, including a probate or guardianship proceeding, filed in a district court, county court, statutory county court, or statutory probate court, each party or the party's attorney shall include in its initial pleading:
(1)  the last three numbers of the party's driver's license number, if the party has been issued a driver's license; and
(2)  the last three numbers of the party's social security number, if the party has been issued a social security number.
(b)  A court may, on its own motion or the motion of a party, order that an initial pleading be amended to contain the information listed under Subsection (a) if the court determines that the pleading does not contain that information.  A court may find a party in contempt if the party does not amend the pleading as ordered by the court under this subsection.
Added by Acts 2007, 80th Leg., R.S., Ch. 143 (S.B. 699), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.015. Provision of Current Address of Party in Civil Action

Sec. 30.015.  PROVISION OF CURRENT ADDRESS OF PARTY IN CIVIL ACTION.  (a)  In a civil action filed in a district court, county court, statutory county court, or statutory probate court, each party or the party's attorney must provide the clerk of the court with written notice of the party's name and current residence or business address.
(b)  The notice required by Subsection (a) may not be required from any party or party's attorney if such party has not appeared or answered in the civil action.
(c)  The notice required by Subsection (a) must be provided at the time the party files its initial pleading with the court or not later than the seventh day after the date the clerk of the court requests the information.
(d)  If the party's address changes during the course of a civil action, the party or the party's attorney must provide the clerk of the court with written notice of the party's new address.
(e)  If the party or the party's attorney fails to provide the notice required by Subsection (a), the trial court may assess a fine of not more than $50.
(f)  It is a defense to a fine assessed under this section that the party or the party's attorney could not reasonably obtain and provide the information required by Subsection (a).
(g)  Repealed by Acts 1999, 76th Leg., ch. 251, Sec. 2, eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 887, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 251, Sec. 1, 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.016. Recusal or Disqualification of Certain Judges

Sec. 30.016.  RECUSAL OR DISQUALIFICATION OF CERTAIN JUDGES.  (a)  In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed against a district court or statutory county court judge by the same party in a case.
(b)  A judge who declines recusal after a tertiary recusal motion is filed shall comply with applicable rules of procedure for recusal and disqualification except that the judge shall continue to:
(1)  preside over the case;
(2)  sign orders in the case;  and
(3)  move the case to final disposition as though a tertiary recusal motion had not been filed.
(c)  A judge hearing a tertiary recusal motion against another judge who denies the motion shall award reasonable and necessary attorney's fees and costs to the party opposing the motion.  The party making the motion and the attorney for the party are jointly and severally liable for the award of fees and costs.  The fees and costs must be paid before the 31st day after the date the order denying the tertiary recusal motion is rendered, unless the order is properly superseded.
(d)  The denial of a tertiary recusal motion is only reviewable on appeal from final judgment.
(e)  If a tertiary recusal motion is finally sustained, the new judge for the case shall vacate all orders signed by the sitting judge during the pendency of the tertiary recusal motion.
Added by Acts 1999, 76th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1297 (S.B. 406), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.017. Claims Against Certain Judges

Sec. 30.017.  CLAIMS AGAINST CERTAIN JUDGES.  (a)  A claim against a district court, statutory probate court, or statutory county court judge that is added to a case pending in the court to which the judge was elected or appointed:
(1)  must be made under oath;
(2)  may not be based solely on the rulings in the pending case but must plead specific facts supporting each element of the claim in addition to the rulings in the pending case;  and
(3)  is automatically severed from the case.
(b)  The clerk of the court shall assign the claim a new cause number, and the party making the claim shall pay the filing fees.
(c)  The presiding judge of the administrative region or the presiding judge of the statutory probate courts shall assign the severed claim to a different judge.  The judge shall dismiss the claim if the claim does not satisfy the requirements of Subsection (a)(1) or (2).
Added by Acts 1999, 76th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.018. Court Clerk's Execution Docket

Sec. 30.018.  COURT CLERK'S EXECUTION DOCKET.  (a)  The clerk of a court who is required to enter information into an execution docket under the Texas Rules of Civil Procedure or other law may enter and maintain the information in an electronic format that allows the information to be retrieved on the same basis as information would be retrieved manually using an index or cross-index to the docket that is otherwise required by law.
(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 421 (S.B. 886), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.021. Award of Attorney's Fees in Relation to Certain Motions to Dismiss

Sec. 30.021.  AWARD OF ATTORNEY'S FEES IN RELATION TO CERTAIN MOTIONS TO DISMISS.  In a civil proceeding, on a trial court's granting or denial, in whole or in part, of a motion to dismiss filed under the rules adopted by the supreme court under Section 22.004(g), Government Code, the court may award costs and reasonable and necessary attorney's fees to the prevailing party. This section does not apply to actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 1.02, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 885 (H.B. 3300), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 30 - Miscellaneous Provisions › Section 30.022. Award of Attorney's Fees in Actions Challenging Abortion Laws

Sec. 30.022.  AWARD OF ATTORNEY'S FEES IN ACTIONS CHALLENGING ABORTION LAWS.  (a)  Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, any governmental entity or public official in this state, or any person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts abortion or that limits taxpayer funding for individuals or entities that perform or promote abortions, in any state or federal court, or that represents any litigant seeking such relief in any state or federal court, is jointly and severally liable to pay the costs and attorney's fees of the prevailing party.
(b)  For purposes of this section, a party is considered a prevailing party if a state or federal court:
(1)  dismisses any claim or cause of action brought against the party that seeks the declaratory or injunctive relief described by Subsection (a), regardless of the reason for the dismissal; or
(2)  enters judgment in the party's favor on any such claim or cause of action.
(c)  Regardless of whether a prevailing party sought to recover costs or attorney's fees in the underlying action, a prevailing party under this section may bring a civil action to recover costs and attorney's fees against a person, including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by Subsection (a) not later than the third anniversary of the date on which, as applicable:
(1)  the dismissal or judgment described by Subsection (b) becomes final on the conclusion of appellate review; or
(2)  the time for seeking appellate review expires.
(d)  It is not a defense to an action brought under Subsection (c) that:
(1)  a prevailing party under this section failed to seek recovery of costs or attorney's fees in the underlying action;
(2)  the court in the underlying action declined to recognize or enforce the requirements of this section; or
(3)  the court in the underlying action held that any provisions of this section are invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.001. Passage of Title

Sec. 31.001.  PASSAGE OF TITLE.  A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the party against whom the judgment is rendered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.002. Collection of Judgment Through Court Proceeding

Sec. 31.002.  COLLECTION OF JUDGMENT THROUGH COURT PROCEEDING.  (a)  A judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court, through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.
(b)  The court may:
(1)  order the judgment debtor to turn over nonexempt property that is in the debtor's possession or is subject to the debtor's control, together with all documents or records related to the property, to a designated sheriff or constable for execution;
(2)  otherwise apply the property to the satisfaction of the judgment;  or
(3)  appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment.
(c)  The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience.
(d)  The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding.
(e)  The judgment creditor is entitled to recover reasonable costs, including attorney's fees.
(f)  A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past due child support.
(g)  With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under Subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code.
(h)  A court may enter or enforce an order under this section that requires the turnover of nonexempt property without identifying in the order the specific property subject to turnover.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1015, Sec. 1, eff. June 15, 1989;  Acts 1999, 76th Leg., ch. 344, Sec. 7.002, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 52 (H.B. 729), Sec. 1, eff. May 17, 2005.
Acts 2017, 85th Leg., R.S., Ch. 996 (H.B. 1066), Sec. 1, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1221 (S.B. 2364), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.0025. Authority of Court to Order Turnover of Wages

Sec. 31.0025.  AUTHORITY OF COURT TO ORDER TURNOVER OF WAGES.  (a)  Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the debtor, enter or enforce an order that requires the debtor or any other person to turn over the wages for the satisfaction of the judgment.
(b)  This section applies to wages in any form, including paycheck, cash, or property.
(c)  This section does not apply to the enforcement of a child support obligation or a judgment for past due child support.
Added by Acts 1991, 72nd Leg., ch. 671, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.003. Judgment Against Partnership

Sec. 31.003.  JUDGMENT AGAINST PARTNERSHIP.  If a suit is against several partners who are jointly indebted under a contract and citation has been served on at least one but not all of the partners, the court may render judgment against the partnership and against the partners who were actually served, but may not award a personal judgment or execution against any partner who was not served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.004. Effect of Adjudication in Lower Trial Court

Sec. 31.004.  EFFECT OF ADJUDICATION IN LOWER TRIAL COURT.  (a)  A judgment or a determination of fact or law in a proceeding in a lower trial court is not res judicata and is not a basis for estoppel by judgment in a proceeding in a district court, except that a judgment rendered in a lower trial court is binding on the parties thereto as to recovery or denial of recovery.
(b)  This section does not apply to a judgment in probate, guardianship, mental health , or other matter in which a lower trial court has exclusive subject matter jurisdiction on a basis other than the amount in controversy.
(c)  For the purposes of this section, a "lower trial court" is a small claims court, a justice of the peace court, a county court, or a statutory county court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.07(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.005. Effect of Adjudication in Small Claims or Justice of the Peace Court

Sec. 31.005.  EFFECT OF ADJUDICATION IN SMALL CLAIMS OR JUSTICE OF THE PEACE COURT.  A judgment or a determination of fact or law in a proceeding in small claims court or justice of the peace court is not res judicata and does not constitute a basis for estoppel by judgment in a proceeding in a county court or statutory county court, except that the judgment rendered is binding on the parties thereto as to recovery or denial of recovery.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.006. Revival of Judgment

Sec. 31.006.  REVIVAL OF JUDGMENT.  A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 935, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.007. Parties Responsible for Accounting of Own Costs

Sec. 31.007.  PARTIES RESPONSIBLE FOR ACCOUNTING OF OWN COSTS.  (a)  Each party to a suit shall be responsible for accurately recording all costs and fees incurred during the course of a lawsuit, if the judgment is to provide for the adjudication of such costs.  If the judgment provides that costs are to be borne by the party by whom such costs were incurred, it shall not be necessary for any of the parties to present a record of court costs to the court in connection with the entry of a judgment.
(b)  A judge of any court may include in any order or judgment all costs, including the following:
(1)  fees of the clerk and service fees due the county;
(2)  fees of the court reporter for the original of stenographic transcripts necessarily obtained for use in the suit;
(3)  masters, interpreters, and guardians ad litem appointed pursuant to these rules and state statutes;  and
(4)  such other costs and fees as may be permitted by these rules and state statutes.
Added by Acts 1987, 70th Leg., ch. 663, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 31 - Judgments › Section 31.010. Turnover by Financial Institution

Sec. 31.010.  TURNOVER BY FINANCIAL INSTITUTION.  (a)  A financial institution that receives a request to turn over assets or financial information of a judgment debtor to a judgment creditor or a receiver under a turnover order or receivership under Section 31.002 shall be provided and may rely on:
(1)  a certified copy of the order or injunction of the court;  or
(2)  a certified copy of the order of appointment of a receiver under Section 64.001, including a certified copy of:
(A)  any document establishing the qualification of the receiver under Section 64.021;
(B)  the sworn affidavit under Section 64.022;  and
(C)  the bond under Section 64.023.
(b)  A financial institution that complies with this section is not liable for compliance with a court order, injunction, or receivership authorized by Section 31.002 to:
(1)  the judgment debtor;
(2)  a party claiming through the judgment debtor;
(3)  a co-depositor with the judgment debtor;  or
(4)  a co-borrower with the judgment debtor.
(c)  A financial institution that complies with this section is entitled to recover reasonable costs, including copying costs, research costs, and, if there is a contest, reasonable attorney's fees.
(d)  In this section, "financial institution" means a state or national bank, state or federal savings and loan association, state or federal savings bank, state or federal credit union, foreign bank, foreign bank agency, or trust company.
Added by Acts 1999, 76th Leg., ch. 892, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 32 - Contribution › Section 32.001. Application

Sec. 32.001.  APPLICATION.  (a)  This chapter applies only to tort actions.
(b)  This chapter does not apply if a right of contribution, indemnity, or recovery between defendants is provided by other statute or by common law.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 32 - Contribution › Section 32.002. Right of Action

Sec. 32.002.  RIGHT OF ACTION.  A person against whom a judgment is rendered has, on payment of the judgment, a right of action to recover payment from each codefendant against whom judgment is also rendered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 32 - Contribution › Section 32.003. Recovery

Sec. 32.003.  RECOVERY.  (a)  The person may recover from each codefendant against whom judgment is rendered an amount determined by dividing the number of all liable defendants into the total amount of the judgment.
(b)  If a codefendant is insolvent, the person may recover from each solvent codefendant an amount determined by dividing the number of solvent defendants into the total amount of the judgment.
(c)  Each defendant in the judgment has a right to recover from the insolvent defendant the amount the defendant has had to pay because of the insolvency.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter A. Proportionate Responsibility › Section 33.001. Proportionate Responsibility

Sec. 33.001.  PROPORTIONATE RESPONSIBILITY.  In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.04, eff. Sept. 2, 1987;  Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter A. Proportionate Responsibility › Section 33.002. Applicability

Sec. 33.002.  APPLICABILITY.  (a)  This chapter applies to:
(1)  any cause of action based on tort in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought;  or
(2)  any action brought under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code)  in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought.
(b)  Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(1).
(c)  This chapter does not apply to:
(1)  an action to collect workers' compensation benefits under the workers' compensation laws of this state (Subtitle A, Title 5, Labor Code)  or actions against an employer for exemplary damages arising out of the death of an employee;
(2)  a claim for exemplary damages included in an action to which this chapter otherwise applies;  or
(3)  a cause of action for damages arising from the manufacture of methamphetamine as described by Chapter 99.
(d)  to (h) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(1).
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.05, eff. Sept. 2, 1987.  Amended by Acts 1989, 71st Leg., ch. 380, Sec. 4, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 414, Sec. 17, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 643, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 204, Sec. 4.01, 4.10(1), eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter A. Proportionate Responsibility › Section 33.003. Determination of Percentage of Responsibility

Sec. 33.003.  DETERMINATION OF PERCENTAGE OF RESPONSIBILITY.  (a)  The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person's causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these:
(1)  each claimant;
(2)  each defendant;
(3)  each settling person;  and
(4)  each responsible third party who has been designated under Section 33.004.
(b)  This section does not allow a submission to the jury of a question regarding conduct by any person without sufficient evidence to support the submission.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.06, eff. Sept. 2, 1987.  Amended by Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 4.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter B. Contribution › Section 33.011. Definitions

Sec. 33.011.  DEFINITIONS.  In this chapter:
(1)  "Claimant" means a person seeking recovery of damages, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff.  In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes:
(A)  the person who was injured, was harmed, or died or whose property was damaged;  and
(B)  any person who is seeking, has sought, or could seek recovery of damages for the injury, harm, or death of that person or for the damage to the property of that person.
(2)  "Defendant" includes any person from whom, at the time of the submission of the case to the trier of fact, a claimant seeks recovery of damages.
(3)  "Liable defendant" means a defendant against whom a judgment can be entered for at least a portion of the damages awarded to the claimant.
(4)  "Percentage of responsibility" means that percentage, stated in whole numbers, attributed by the trier of fact to each claimant, each defendant, each settling person, or each responsible third party with respect to causing or contributing to cause in any way, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity violative of the applicable legal standard, or by any combination of the foregoing, the personal injury, property damage, death, or other harm for which recovery of damages is sought.
(5)  "Settling person" means a person who has, at any time, paid or promised to pay money or anything of monetary value to a claimant in consideration of potential liability with respect to the personal injury, property damage, death, or other harm for which recovery of damages is sought.
(6)  "Responsible third party" means any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these.  The term "responsible third party" does not include a seller eligible for indemnity under Section 82.002.
(7)  Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(3).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.07, eff. Sept. 2, 1987;  Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 4.05, 4.10(3), eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter B. Contribution › Section 33.012. Amount of Recovery

Sec. 33.012.  AMOUNT OF RECOVERY.  (a)  If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility.
(b)  If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements.
(c)  Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant:
(1)  the sum of the dollar amounts of all settlements;  or
(2)  a percentage equal to each settling person's percentage of responsibility as found by the trier of fact.
(d)  An election made under Subsection (c) shall be made by any defendant filing a written election before the issues of the action are submitted to the trier of fact and when made, shall be binding on all defendants.  If no defendant makes this election or if conflicting elections are made, all defendants are considered to have elected Subsection (c)(1).
(e)  This section shall not apply to benefits paid by or on behalf of an employer to an employee pursuant to workers' compensation insurance coverage, as defined in Section 401.011(44), Labor Code, in effect at the time of the act, event, or occurrence made the basis of claimant's suit.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.08, eff. Sept. 2, 1987;  Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 4.06, 4.10(4), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 277 (S.B. 890), Sec. 1, eff. June 9, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(6), eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter B. Contribution › Section 33.015. Contribution

Sec. 33.015.  CONTRIBUTION.  (a)  If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly and severally liable greater than his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other liable defendant to the extent that the other liable defendant has not paid the percentage of the damages found by the trier of fact equal to that other defendant's percentage of responsibility.
(b)  As among themselves, each of the defendants who is jointly and severally liable under Section 33.013 is liable for the damages recoverable by the claimant under Section 33.012 in proportion to his respective percentage of responsibility.  If a defendant who is jointly and severally liable pays a larger proportion of those damages than is required by his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other defendant with whom he is jointly and severally liable under Section 33.013 to the extent that the other defendant has not paid the proportion of those damages required by that other defendant's percentage of responsibility.
(c)  If for any reason a liable defendant does not pay or contribute the portion of the damages required by his percentage of responsibility, the amount of the damages not paid or contributed by that defendant shall be paid or contributed by the remaining defendants who are jointly and severally liable for those damages.  The additional amount to be paid or contributed by each of the defendants who is jointly and severally liable for those damages shall be in proportion to his respective percentage of responsibility.
(d)  No defendant has a right of contribution against any settling person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.11, eff. Sept. 2, 1987;  Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter B. Contribution › Section 33.016. Claim Against Contribution Defendant

Sec. 33.016.  CLAIM AGAINST CONTRIBUTION DEFENDANT.  (a)  In this section, "contribution defendant" means any defendant, counterdefendant, or third-party defendant from whom any party seeks contribution with respect to any portion of damages for which that party may be liable, but from whom the claimant seeks no relief at the time of submission.
(b)  Each liable defendant is entitled to contribution from each person who is not a settling person and who is liable to the claimant for a percentage of responsibility but from whom the claimant seeks no relief at the time of submission.  A party may assert this contribution right against any such person as a contribution defendant in the claimant's action.
(c)  The trier of fact shall determine as a separate issue or finding of fact the percentage of responsibility with respect to each contribution defendant and these findings shall be solely for purposes of this section and Section 33.015 and not as a part of the percentages of responsibility determined under Section 33.003.  Only the percentage of responsibility of each defendant and contribution defendant shall be included in this determination.
(d)  As among liable defendants, including each defendant who is jointly and severally liable under Section 33.013, each contribution defendant's percentage of responsibility is to be included for all purposes of Section 33.015.  The amount to be contributed by each contribution defendant pursuant to Section 33.015 shall be in proportion to his respective percentage of responsibility relative to the sum of percentages of responsibility of all liable defendants and liable contribution defendants.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.11A, eff. Sept. 2, 1987;  Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 33 - Proportionate Responsibility › Subchapter B. Contribution › Section 33.017. Preservation of Existing Rights of Indemnity

Sec. 33.017.  PRESERVATION OF EXISTING RIGHTS OF INDEMNITY.  Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law.  To the extent of any conflict between this chapter and any right to indemnification granted by statute, contract, or common law, those rights of indemnification shall prevail over the provisions of this chapter.
Added by Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 4.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter A. Issuance and Levy of Writ › Section 34.001. No Execution on Dormant Judgment

Sec. 34.001.  NO EXECUTION ON DORMANT JUDGMENT.  (a)  If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived.
(b)  If a writ of execution is issued within 10 years after rendition of a judgment but a second writ is not issued within 10 years after issuance of the first writ, the judgment becomes dormant.  A second writ may be issued at any time within 10 years after issuance of the first writ.
(c)  This section does not apply to a judgment for child support under the Family Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 31, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter A. Issuance and Levy of Writ › Section 34.002. Effect of Plaintiff's Death

Sec. 34.002.  EFFECT OF PLAINTIFF'S DEATH.  (a)  If a plaintiff dies after judgment, any writ of execution must be issued in the name of the plaintiff's legal representative, if any, and in the name of any other plaintiff.  An affidavit of death and a certificate of appointment of the legal representative, given under the hand and seal of the clerk of the appointing court, must be filed with the clerk of the court issuing the writ of execution.
(b)  If a plaintiff dies after judgment and his estate is not administered, the writ of execution must be issued in the name of all plaintiffs shown in the judgment.  An affidavit showing that administration of the estate is unnecessary must be filed with the clerk of the court that rendered judgment.  Money collected under the execution shall be paid into the registry of the court, and the court shall order the money partitioned and paid to the parties entitled to it.
(c)  Death of a plaintiff after a writ of execution has been issued does not abate the execution, and the writ shall be levied and returned as if the plaintiff were living.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter A. Issuance and Levy of Writ › Section 34.003. Effect of Defendant's Death

Sec. 34.003.  EFFECT OF DEFENDANT'S DEATH.  The death of the defendant after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ must be recognized and enforced by the county court in the payment of the debts of the deceased.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter A. Issuance and Levy of Writ › Section 34.004. Levy on Property Conveyed to Third Party

Sec. 34.004.  LEVY ON PROPERTY CONVEYED TO THIRD PARTY.  Property that the judgment debtor has sold, mortgaged, or conveyed in trust may not be seized in execution if the purchaser, mortgagee, or trustee points out other property of the debtor in the county that is sufficient to satisfy the execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter A. Issuance and Levy of Writ › Section 34.005. Levy on Property of Surety

Sec. 34.005.  LEVY ON PROPERTY OF SURETY.  (a)  If the face of a writ of execution or the endorsement of the clerk shows that one of the persons against whom it is issued is surety for another, the officer must first levy on the principal's property that is subject to execution and is located in the county in which the judgment is rendered.
(b)  If property of the principal cannot be found that, in the opinion of the officer, is sufficient to satisfy the execution, the officer shall levy first on the principal's property that can be found and then on as much of the property of the surety as is necessary to satisfy the execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter B. Recovery of Seized Property › Section 34.021. Recovery of Property Before Sale

Sec. 34.021.  RECOVERY OF PROPERTY BEFORE SALE.  A person is entitled to recover his property that has been seized through execution of a writ issued by a court if the judgment on which execution is issued is reversed or set aside and the property has not been sold at execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter B. Recovery of Seized Property › Section 34.022. Recovery of Property Value After Sale

Sec. 34.022.  RECOVERY OF PROPERTY VALUE AFTER SALE.  (a)  A person is entitled to recover from the judgment creditor the market value of the person's property that has been seized through execution of a writ issued by a court if the judgment on which execution is issued is reversed or set aside but the property has been sold at execution.
(b)  The amount of recovery is determined by the market value at the time of sale of the property sold.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.041. Sale at Place Other Than Courthouse Door; Date and Time of Sale

Sec. 34.041.  SALE AT PLACE OTHER THAN COURTHOUSE DOOR; DATE AND TIME OF SALE.  (a)  If the public sale of real property is required by court order or other law to be made at a place other than the courthouse door, sales under this chapter shall be made at the place designated by that court order or other law.
(a-1)  The commissioners court of a county by official action may authorize the officer charged with conducting a public sale of real property taken in execution of a judgment to conduct a public auction using online bidding and sale. The commissioners court may adopt rules governing online auctions authorized under this subsection. Rules adopted by the commissioners court under this subsection take effect on the 90th day after the date the rules are published in the real property records of the county.
(a-2)  Subsection (a-1) does not apply to a sale of real property conducted under Section 51.002, Property Code.
(b)  The commissioners court of a county may designate an area other than an area at the county courthouse where public sales of real property under this chapter will take place that is in a public place within a reasonable proximity of the county courthouse as determined by the commissioners court and in a location as accessible to the public as the courthouse door.  The commissioners court shall record that designation in the real property records of the county.  A designation by a commissioners court under this section is not a ground for challenging or invalidating any sale.  Except for a sale conducted under Subsection (a) or (a-1), a sale must be held at an area designated under this subsection if the sale is held on or after the 90th day after the date the designation is recorded.  The commissioners court may by order authorize a county official or employee to identify separate locations within the designated area for the conduct of sales under this section and for the conduct of sales by peace officers under other laws.
(c)  A sale of real property under this subchapter must take place between 10 a.m. and 4 p.m. on the first Tuesday of a month or, if the first Tuesday of a month occurs on January 1 or July 4, between 10 a.m. and 4 p.m. on the first Wednesday of the month.  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this subsection.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 642 (H.B. 699), Sec. 1, eff. October 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 133 (H.B. 1128), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 133 (H.B. 1128), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 314 (H.B. 1382), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.042. Sale of City Lots

Sec. 34.042.  SALE OF CITY LOTS.  If real property taken in execution consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel must be offered for sale separately unless not susceptible to separate sale because of the character of improvements.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.043. Sale of Rural Property

Sec. 34.043.  SALE OF RURAL PROPERTY.  (a)  If real property taken in execution is not located in a city or town, the defendant in the writ who holds legal or equitable title to the property may divide the property into lots of not less than 50 acres and designate the order in which those lots shall be sold.
(b)  The defendant must present to the executing officer:
(1)  a plat of the property as divided and as surveyed by the county surveyor of the county in which the property is located;  and
(2)  field notes of each numbered lot with a certificate of the county surveyor certifying that the notes are correct.
(c)  The defendant must present the plat and field notes to the executing officer before the sale at a time that will not delay the sale as advertised.
(d)  When a sufficient number of the lots are sold to satisfy the amount of the execution, the officer shall stop the sale.
(e)  The defendant shall pay the expenses of the survey and the sale, and those expenses do not constitute an additional cost in the case.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.044. Stock Shares Subject to Sale

Sec. 34.044.  STOCK SHARES SUBJECT TO SALE.  Shares of stock in a corporation or joint-stock company that are owned by a defendant in execution may be sold on execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.045. Conveyance of Title After Sale

Sec. 34.045.  CONVEYANCE OF TITLE AFTER SALE.  (a)  When the sale has been made and its terms complied with, the officer shall execute and deliver to the purchaser a conveyance of all the right, title, interest, and claim that the defendant in execution had in the property sold.
(b)  If the purchaser complies with the terms of the sale but dies before the conveyance is executed, the officer shall execute the conveyance to the purchaser, and the conveyance has the same effect as if it had been executed in the purchaser's lifetime.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.