reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 21 - Eminent Domain › Subchapter E. Repurchase of Real Property From Condemning Entity › Section 21.103. Resale of Property; Price

Sec. 21.103.  RESALE OF PROPERTY; PRICE.  (a)  Not later than the 180th day after the date of the postmark on a notice sent under Section 21.102 or a response to a request made under Section 21.1021 that indicates that the property owner, or the owner's heirs, successors, or assigns, is entitled to repurchase the property interest in accordance with Section 21.101, the property owner or the owner's heirs, successors, or assigns must notify the entity of the person's intent to repurchase the property interest under this subchapter.
(b)  As soon as practicable after receipt of a notice of intent to repurchase under Subsection (a), the entity shall offer to sell the property interest to the person for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain.  The person's right to repurchase the property expires on the 90th day after the date on which the entity makes the offer.
Added by Acts 2003, 78th Leg., ch. 1307, Sec. 2, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 19, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter A. General Provisions › Section 22.001. Trespass to Try Title

Sec. 22.001.  TRESPASS TO TRY TITLE.  (a)  A trespass to try title action is the method of determining title to lands, tenements, or other real property.
(b)  The action of ejectment is not available in this state.
Acts 1983, 68th Leg., p. 3509, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter A. General Provisions › Section 22.002. Title Sufficient to Maintain Action

Sec. 22.002.  TITLE SUFFICIENT TO MAINTAIN ACTION.  A headright certificate, land scrip, bounty warrant, or other evidence of legal right to located and surveyed land is sufficient title to maintain a trespass to try title action.
Acts 1983, 68th Leg., p. 3509, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter A. General Provisions › Section 22.003. Final Judgment Conclusive

Sec. 22.003.  FINAL JUDGMENT CONCLUSIVE.  A final judgment that establishes title or right to possession in an action to recover real property is conclusive against the party from whom the property is recovered and against a person claiming the property through that party by a title that arises after the action is initiated.
Acts 1983, 68th Leg., p. 3509, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter A. General Provisions › Section 22.004. Effect of Former Law

Sec. 22.004.  EFFECT OF FORMER LAW.  This chapter does not affect rights that existed before the introduction of the common law in this state.  Those rights are defined by the principles of the law in effect at the time the rights accrued.
Acts 1983, 68th Leg., p. 3509, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter B. Judgment and Damages › Section 22.021. Claim for Improvements

Sec. 22.021.  CLAIM FOR IMPROVEMENTS.  (a)  A defendant in a trespass to try title action who is not the rightful owner of the property, but who has possessed the property in good faith and made permanent and valuable improvements to it, is either:
(1)  entitled to recover the amount by which the estimated value of the defendant's improvements exceeds the estimated value of the defendant's use and occupation of and waste or other injury to the property;  or
(2)  liable for the amount by which the value of the use and occupation of and waste and other injury to the property exceeds the value of the improvements and for costs.
(b)  In estimating values of improvements or of use and occupation:
(1)  improvements are valued at the time of trial, but only to the extent that the improvements increased the value of the property;  and
(2)  use and occupation is valued for the time before the date the action was filed that the defendant was in possession of the property, but excluding the value resulting from the improvements made by the defendant or those under whom the defendant claims.
(c)  The defendant who makes a claim for improvements must plead:
(1)  that the defendant and those under whom the defendant claims have had good faith adverse possession of the property in controversy for at least one year before the date the action began;
(2)  that they or the defendant made permanent and valuable improvements to the property while in possession;
(3)  the grounds for the claim;
(4)  the identity of the improvements;  and
(5)  the value of each improvement.
(d)  The defendant is not liable for damages under this section for injuries or for the value of the use and occupation more than two years before the date the action was filed, and the defendant is not liable for damages or for the value of the use and occupation in excess of the value of the improvements.
Acts 1983, 68th Leg., p. 3509, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter B. Judgment and Damages › Section 22.022. Writ of Possession

Sec. 22.022.  WRIT OF POSSESSION.  If in a trespass to try title action the plaintiff obtains a judgment for the contested property, but the defendant obtains a judgment for the value of the defendant's improvements in excess of the defendant's liability for use, occupation, and damages, the court may not issue a writ of possession until the first anniversary of the judgment unless the plaintiff pays to the clerk of the court for the benefit of the defendant the amount of the judgment in favor of the defendant plus interest.
Acts 1983, 68th Leg., p. 3510, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter B. Judgment and Damages › Section 22.023. Failure to Pay

Sec. 22.023.  FAILURE TO PAY.  (a)  If after a trespass to try title action a plaintiff does not pay a judgment awarded to a defendant, plus accrued interest, before the first anniversary of the judgment and if the defendant, before the sixth month after the first anniversary of the judgment, pays the value of the property, less the value of the defendant's improvements, to the clerk of the court for the benefit of the plaintiff, the plaintiff may not obtain a writ of possession or maintain any proceeding against the defendant or the defendant's heirs or assigns for the property awarded to the plaintiff in the trespass to try title action.
(b)  If an eligible defendant does not exercise the option under this section, a plaintiff may apply for a writ of possession as in other cases.
Acts 1983, 68th Leg., p. 3511, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter B. Judgment and Damages › Section 22.024. Payments Into Court

Sec. 22.024.  PAYMENTS INTO COURT.  If a party in a trespass to try title action makes a payment to the clerk of a court under this subchapter, the clerk shall enter a dated memorandum of the payment on the page of the record on which the judgment was entered.  The clerk shall pay the money on demand to the person entitled to the payment, who shall indicate receipt of the payment by dating and signing the record on the same page on which the judgment was entered.
Acts 1983, 68th Leg., p. 3511, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter C. Removal of Improvements › Section 22.041. Plea for Removal of Improvements

Sec. 22.041.  PLEA FOR REMOVAL OF IMPROVEMENTS.  (a)  A defendant in a trespass to try title action who is not the rightful owner of the property in controversy may remove improvements made to the property if:
(1)  the defendant, and those under whom the defendant claims, possessed the property, and made permanent and valuable improvements to it, without intent to defraud;  and
(2)  the improvements can be removed without substantial and permanent damage to the property.
(b)  The pleadings of a defendant who seeks to remove improvements must contain:
(1)  a statement that the defendant, and those under whom the defendant claims, adversely possessed the property, and made permanent and valuable improvements to it, without intent to defraud;
(2)  a statement identifying the improvements;  and
(3)  an offer to provide a surety bond in an amount and conditioned as required by this section.
(c)  Before removing the improvements, the defendant must post a surety bond in an amount determined by the court, conditioned on the removal of the improvements in a manner that substantially restores the property to the condition it was in before the improvements were made.
Acts 1983, 68th Leg., p. 3511, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter C. Removal of Improvements › Section 22.042. Referee

Sec. 22.042.  REFEREE.  A court that authorizes a defendant in a trespass to try title action to remove improvements shall appoint a referee to supervise the removal.  The court may require the referee to make reports to the court concerning the removal.
Acts 1983, 68th Leg., p. 3512, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter C. Removal of Improvements › Section 22.043. Retained Jurisdiction

Sec. 22.043.  RETAINED JURISDICTION.  A court that authorizes a defendant in a trespass to try title action to remove improvements retains jurisdiction of the action until the court makes a final disposition of the case and a final determination of the rights, duties, and liabilities of the parties and sureties.
Acts 1983, 68th Leg., p. 3512, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter C. Removal of Improvements › Section 22.044. Condition for Removal

Sec. 22.044.  CONDITION FOR REMOVAL.  Before a court in a trespass to try title action authorizes a defendant to remove improvements, the court may require the defendant to satisfy a money judgment in favor of the plaintiff that arises out of a claim of the plaintiff in the action.
Acts 1983, 68th Leg., p. 3512, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 22 - Trespass to Try Title › Subchapter C. Removal of Improvements › Section 22.045. Cumulative Remedies

Sec. 22.045.  CUMULATIVE REMEDIES.  The remedy of removing improvements may be pleaded as an alternative to all other remedies at law or in equity.
Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23 - Partition › Section 23.001. Partition

Sec. 23.001.  PARTITION.  A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.
Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23 - Partition › Section 23.002. Venue and Jurisdiction

Sec. 23.002.  VENUE AND JURISDICTION.  (a)  A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court of a county in which any part of the property is located.
(b)  A joint owner of personal property must bring an action to partition the property in a court that has jurisdiction over the value of the property.
Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23 - Partition › Section 23.003. Effect on Future Interests

Sec. 23.003.  EFFECT ON FUTURE INTERESTS.  A partition of real property involving an owner of a life estate or an estate for years and other owners of equal or greater estate does not prejudice the rights of an owner of a reversion or remainder interest.
Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23 - Partition › Section 23.004. Effect of Partition

Sec. 23.004.  EFFECT OF PARTITION.  (a)  A person allotted a share of or an interest in real property in a partition action holds the property or interest in severalty under the conditions and covenants that applied to the property prior to the partition.
(b)  A court decree confirming a report of commissioners in partition of real property gives a recipient of an interest in the property a title equivalent to a conveyance of the interest by a warranty deed from the other parties in the action.
(c)  Except as provided by this chapter, a partition of real property does not affect a right in the property.
Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23 - Partition › Section 23.005. Fees

Sec. 23.005.  FEES.  The judge of a court that hears an action to partition real property shall examine the report of the commissioners appointed to partition the property and shall determine from the report and from evidence submitted by the parties the complexity and difficulty of making the partition.  The court shall then award the commissioners, and any surveyor appointed by the court or retained by the commissioners, a reasonable fee for the services rendered.  The fees awarded shall be taxed and collected as costs of court in the same manner as the other costs in the action.
Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 443, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23 - Partition › Section 23.006. Access Easement for Partitioned Property

Sec. 23.006.  ACCESS EASEMENT FOR PARTITIONED PROPERTY.  (a)  Unless waived by the parties in an action to partition property under this chapter, the commissioners appointed to partition property shall grant a nonexclusive access easement on a tract of partitioned property for the purpose of providing reasonable ingress to and egress from an adjoining partitioned tract that does not have a means of access through a public road or an existing easement appurtenant to the tract.  The order granting the access easement shall contain a legal description of the easement.
(b)  Unless waived by the parties in writing in a private partition agreement, the property owner of a partitioned tract that has a means of access through a public road or an existing easement appurtenant to the tract shall grant in the private partition agreement a nonexclusive access easement on the owner's partitioned tract for the purpose of providing reasonable ingress to and egress from an adjoining partitioned tract that does not have a means of access through a public road or an existing easement appurtenant to the tract.
(c)  The access easement may not be a width greater than a width prescribed by a municipality or county for a right-of-way on a street or road.  The access easement route must be the shortest route to the adjoining tract that:
(1)  causes the least amount of damage to the tract subject to the easement;  and
(2)  is located the greatest reasonable distance from the primary residence and related improvements located on the tract subject to the easement.
(d)  The adjoining tract owner who is granted an access easement under this section shall maintain the easement and keep the easement open for public use.
Added by Acts 2001, 77th Leg., ch. 647, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.001. Short Title

Sec. 23A.001.  SHORT TITLE.  This chapter may be cited as the Uniform Partition of Heirs' Property Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.002. Definitions

Sec. 23A.002.  DEFINITIONS.  In this chapter:
(1)  "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2)  "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(3)  "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4)  "Determination of value" means a court order determining the fair market value of heirs' property under Section 23A.006 or 23A.010 or adopting the valuation of the property agreed to by all cotenants.
(5)  "Heirs' property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(A)  there is no agreement in a record binding all the cotenants that governs the partition of the property;
(B)  one or more of the cotenants acquired title from a relative, whether living or deceased; and
(C)  any of the following applies:
(i)  20 percent or more of the interests are held by cotenants who are relatives;
(ii)  20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii)  20 percent or more of the cotenants are relatives.
(6)  "Partition by sale" means a court-ordered sale of the entire heirs' property, whether by open-market sale, sealed bids, or auction conducted under Section 23A.010.
(7)  "Partition in kind" means the division of heirs' property into physically distinct and separately titled parcels.
(8)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9)  "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.003. Applicability; Relation to Other Law

Sec. 23A.003.  APPLICABILITY; RELATION TO OTHER LAW.  (a)  In an action to partition real property under Chapter 23, the court shall determine whether the property is heirs' property.  If the court determines that the property is heirs' property, the property must be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
(b)  This chapter supplements Chapter 23 and the Texas Rules of Civil Procedure governing partition of real property.  If an action is governed by this chapter, this chapter supersedes provisions of Chapter 23 and the Texas Rules of Civil Procedure governing partition of real property that are inconsistent with this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.004. Service; Notice by Posting

Sec. 23A.004.  SERVICE; NOTICE BY POSTING.  (a)  This chapter does not limit or affect the method by which service of a petition in a partition action may be made.
(b)  If the plaintiff in a partition action seeks citation by publication and the court determines that the property may be heirs' property, the plaintiff, not later than the 10th day after the date the determination is made, shall post, and maintain while the action is pending, a conspicuous sign on the property that is the subject of the action.  The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known.  The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.005. Commissioners

Sec. 23A.005.  COMMISSIONERS.  If the court appoints commissioners under Rule 761, Texas Rules of Civil Procedure, each commissioner, in addition to the requirements and disqualifications applicable to commissioners under that rule, must be impartial and may not be a party to or a participant in the action.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.006. Determination of Value

Sec. 23A.006.  DETERMINATION OF VALUE.  (a)  Except as provided by Subsection (b) or (c), if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal under Subsection (d).
(b)  If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(c)  If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d)  If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser to determine the fair market value of the property assuming sole ownership of the fee simple estate.  On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e)  If an appraisal is conducted under Subsection (d), not later than the 10th day after the date the appraisal is filed, the court shall send notice to each party with a known address, stating:
(1)  the appraised fair market value of the property;
(2)  that the appraisal is available at the clerk's office; and
(3)  that a party may file with the court an objection to the appraisal not later than the 30th day after the date notice is sent, stating the grounds for the objection.
(f)  If an appraisal is filed with the court under Subsection (d), the court shall conduct a hearing to determine the fair market value of the property not earlier than the 30th day after the date a copy of the notice of the appraisal is sent to each party under Subsection (e), whether or not an objection to the appraisal is filed under Subsection (e)(3).  In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(g)  After a hearing under Subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.008. Partition Alternatives

Sec. 23A.008.  PARTITION ALTERNATIVES.  (a)  If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under Section 23A.007, or if after conclusion of the buyout under Section 23A.007 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 23A.009, finds that partition in kind will result in substantial prejudice to the cotenants as a group.  In considering whether to order partition in kind, the court shall approve a request by two or more parties to have the requesting parties' individual interests aggregated.
(b)  If the court does not order partition in kind under Subsection (a), the court shall order partition by sale under Section 23A.010 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c)  If the court orders partition in kind under Subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d)  If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if those cotenants' interests were not bought out under Section 23A.007, a part of the property representing the combined interests of those cotenants as determined by the court, and that part of the property shall remain undivided.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.009. Considerations for Partition in Kind

Sec. 23A.009.  CONSIDERATIONS FOR PARTITION IN KIND.  (a)  In determining under Section 23A.008(a) whether partition in kind would result in substantial prejudice to the cotenants as a group, the court shall consider the following:
(1)  whether the heirs' property practicably can be divided among the cotenants;
(2)  whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if the property were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3)  evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4)  a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5)  the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6)  the degree to which the cotenants have contributed the cotenants' pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7)  any other relevant factor.
(b)  The court may not consider any one factor under Subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.010. Open-Market Sale, Sealed Bids, or Auction

Sec. 23A.010.  OPEN-MARKET SALE, SEALED BIDS, OR AUCTION.  (a)  If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or at an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(b)  If the court orders an open-market sale and the parties, not later than the 10th day after the date the order is entered, agree on a real estate broker to offer the property for sale, the court shall appoint the broker and establish a reasonable commission.  If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker to offer the property for sale and shall establish a reasonable commission.  The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c)  If the broker appointed under Subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(1)  the broker shall comply with the reporting requirements of Section 23A.011; and
(2)  the sale may be completed in accordance with state law other than this chapter.
(d)  If the broker appointed under Subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(1)  approve the highest outstanding offer, if any;
(2)  redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3)  order that the property be sold by sealed bids or at an auction.
(e)  If the court orders a sale by sealed bids or at an auction, the court shall set terms and conditions of the sale.  If the court orders an auction, the auction must be conducted in the manner provided by law for a sale made under execution.
(f)  If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.011. Report of Open-Market Sale

Sec. 23A.011.  REPORT OF OPEN-MARKET SALE.  (a)  Unless required to do so earlier by other law governing the partition of real property, a broker appointed under Section 23A.010(b) to offer heirs' property for open-market sale shall file a report with the court not later than the seventh day after the date an offer is received to purchase the property for at least the value determined under Section 23A.006 or 23A.010.
(b)  The report required by Subsection (a) must contain the following information:
(1)  a description of the property to be sold to each buyer;
(2)  the name of each buyer;
(3)  the proposed purchase price;
(4)  the terms and conditions of the proposed sale, including the terms of any owner financing;
(5)  the amounts to be paid to lienholders;
(6)  a statement of contractual or other arrangements or conditions of the broker's commission; and
(7)  other material facts relevant to the sale.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.012. Uniformity of Application and Construction

Sec. 23A.012.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law based on the uniform act on which this chapter is based.
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 23A - Uniform Partition of Heirs' Property Act › Section 23A.013. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 23A.013.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.001. Forcible Entry and Detainer

Sec. 24.001.  FORCIBLE ENTRY AND DETAINER.  (a)  A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.
(b)  For the purposes of this chapter, a forcible entry is:
(1)  an entry without the consent of the person in actual possession of the property;
(2)  an entry without the consent of a tenant at will or by sufferance;  or
(3)  an entry without the consent of a person who acquired possession by forcible entry.
Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 688, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.002. Forcible Detainer

Sec. 24.002.  FORCIBLE DETAINER.  (a)  A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person:
(1)  is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession;
(2)  is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant's lease;  or
(3)  is a tenant of a person who acquired possession by forcible entry.
(b)  The demand for possession must be made in writing by a person entitled to possession of the property and must comply with the requirements for notice to vacate under Section 24.005.
Acts 1983, 68th Leg., p. 3514, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 200, Sec. 1, eff. Aug. 26, 1985;  Acts 1989, 71st Leg., ch. 688, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.003. Substitution of Parties

Sec. 24.003.  SUBSTITUTION OF PARTIES.  If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's name for the landlord's benefit and at the landlord's expense.  It is immaterial whether the tenant received possession from the landlord or became a tenant after obtaining possession of the property.
Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.004. Jurisdiction; Dismissal

Sec. 24.004.  JURISDICTION; DISMISSAL.  (a)  Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits.  Eviction suits include forcible entry and detainer and forcible detainer suits.  A justice court has jurisdiction to issue a writ of possession under Sections 24.0054(a), (a-2), and (a-3).
(b)  A justice court does not have jurisdiction in a forcible entry and detainer or forcible detainer suit and shall dismiss the suit if the defendant files a sworn statement alleging the suit is based on a deed executed in violation of Chapter 21A, Business & Commerce Code.
Acts 1983, 68th Leg., p. 3515, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985;  Acts 1997, 75th Leg., ch. 1205, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 1, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1242 (S.B. 1320), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(28), eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.0051. Procedures Applicable in Suit to Evict and Recover Unpaid Rent

Sec. 24.0051.  PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID RENT.  (a)  In a suit filed in justice court in which the landlord files a sworn statement seeking judgment against a tenant for possession of the premises and unpaid rent, personal service on the tenant or service on the tenant under Rule 742a, Texas Rules of Civil Procedure, is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent.
(b)  A landlord may recover unpaid rent under this section regardless of whether the tenant vacated the premises after the date the landlord filed the sworn statement and before the date the court renders judgment.
(c)  In a suit to recover possession of the premises, whether or not unpaid rent is claimed, the citation required by Rule 739, Texas Rules of Civil Procedure, must include the following notice to the defendant:
FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU.
(d)  In a suit described by Subsection (c), the citation required by Rule 739, Texas Rules of Civil Procedure, must include the following notice to the defendant on the first page of the citation in English and Spanish and in conspicuous bold print:
SUIT TO EVICT
THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES.  A TENANT WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.  CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY.  IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL ASSISTANCE.
Added by Acts 1999, 76th Leg., ch. 1464, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 712 (S.B. 439), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 812 (S.B. 1483), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 1, eff. January 1, 2012.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.00511. Appeal Bond for Certain Eviction Suits

Sec. 24.00511.  APPEAL BOND FOR CERTAIN EVICTION SUITS.  (a)  In a residential eviction suit for nonpayment of rent, the justice court shall state in the court's judgment the amount of the appeal bond, taking into consideration the money required to be paid into the court registry under Section 24.0053.
(b)  In addition to meeting all other requirements of law, the bond must require the surety to provide the surety's contact information, including an address, phone number, and e-mail address, if any.  If any of the contact information changes, the surety shall inform the court of the surety's new contact information.
Added by Acts 2015, 84th Leg., R.S., Ch. 1027 (H.B. 1334), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.0052. Tenant Appeal on Pauper's Affidavit

Sec. 24.0052.  TENANT APPEAL ON PAUPER'S AFFIDAVIT.  (a)  If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by the Texas Rules of Civil Procedure, the tenant may appeal the judgment of the justice court by filing with the justice court, not later than the fifth day after the date the judgment is signed, a pauper's affidavit sworn before the clerk of the justice court or a notary public that states that the tenant is unable to pay the costs of appeal or file an appeal bond.  The affidavit must contain the following information:
(1)  the tenant's identity;
(2)  the nature and amount of the tenant's employment income;
(3)  the income of the tenant's spouse, if applicable and available to the tenant;
(4)  the nature and amount of any governmental entitlement income of the tenant;
(5)  all other income of the tenant;
(6)  the amount of available cash and funds available in savings or checking accounts of the tenant;
(7)  real and personal property owned by the tenant, other than household furnishings, clothes, tools of a trade, or personal effects;
(8)  the tenant's debts and monthly expenses; and
(9)  the number and age of the tenant's dependents and where those dependents reside.
(b)  The justice court shall make available an affidavit form that a person may use to comply with the requirements of Subsection (a).
(c)  The justice court shall promptly notify the landlord if a pauper's affidavit is filed by the tenant.
(d)  A landlord may contest a pauper's affidavit on or before the fifth day after the date the affidavit is filed.  If the landlord contests the affidavit, the justice court shall notify the parties and hold a hearing to determine whether the tenant is unable to pay the costs of appeal or file an appeal bond.  The hearing shall be held not later than the fifth day after the date the landlord notifies the court clerk of the landlord's contest.  At the hearing, the tenant has the burden to prove by competent evidence, including documents or credible testimony of the tenant or others, that the tenant is unable to pay the costs of appeal or file an appeal bond.
(e)  If the justice court approves the pauper's affidavit of a tenant, the tenant is not required to pay the county court filing fee or file an additional affidavit in the county court under Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.00521. Contest of Certain Appeal Bonds in County Court

Sec. 24.00521.  CONTEST OF CERTAIN APPEAL BONDS IN COUNTY COURT.  A contest under Section 24.00512 does not preclude a party from contesting the appeal bond in the county court after the county court has jurisdiction over the eviction suit. After the county court has jurisdiction over the eviction suit, the county court may modify the amount or form of the bond and determine the sufficiency of the surety.
Added by Acts 2015, 84th Leg., R.S., Ch. 1027 (H.B. 1334), Sec. 2, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.006. Attorney's Fees and Costs of Suit

Sec. 24.006.  ATTORNEY'S FEES AND COSTS OF SUIT.  (a)  Except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, a landlord must give a tenant who is unlawfully retaining possession of the landlord's premises a written demand to vacate the premises.  The demand must state that if the tenant does not vacate the premises before the 11th day after the date of receipt of the notice and if the landlord files suit, the landlord may recover attorney's fees.  The demand must be sent by registered mail or by certified mail, return receipt requested, at least 10 days before the date the suit is filed.
(b)  If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord to recover attorney's fees, a prevailing landlord is entitled to recover reasonable attorney's fees from the tenant.
(c)  If the landlord provides the tenant notice under Subsection (a) or if a written lease entitles the landlord or the tenant to recover attorney's fees, the prevailing tenant is entitled to recover reasonable attorney's fees from the landlord.  A prevailing tenant is not required to give notice in order to recover attorney's fees under this subsection.
(d)  The prevailing party is entitled to recover all costs of court.
Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 688, Sec. 4, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1205, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.007. Appeal

Sec. 24.007.  APPEAL.  A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.  A judgment of a county court may not under any circumstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court.  In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and other damages or amounts as the court may deem appropriate.
Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1205, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 2.02(a), eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1113 (H.B. 3364), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.008. Effect on Other Actions

Sec. 24.008.  EFFECT ON OTHER ACTIONS.  An eviction suit does not bar a suit for trespass, damages, waste, rent, or mesne profits.
Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985;  Acts 1997, 75th Leg., ch. 1205, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.011. Nonlawyer Representation

Sec. 24.011.  NONLAWYER REPRESENTATION.  (a) In eviction suits in justice court for nonpayment of rent or holding over beyond a rental term, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys.  In any eviction suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney.
(b)  In an appeal of an eviction suit for nonpayment of rent in a county or district court, an owner of a multifamily residential property may be represented by the owner's authorized agent, who need not be an attorney, or, if the owner is a corporation or other entity, by an employee, owner, officer, or partner of the entity, who need not be an attorney.
Added by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985.  Renumbered from Sec. 24.009 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(49), eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1205, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 904 (H.B. 3879), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24A - Access to Residence or Former Residence to Retrieve Personal Property › Section 24A.001. Definitions

Sec. 24A.001.  DEFINITIONS.  In this chapter:
(1)  "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3)  "Peace officer" means a person listed under Article 2.12(1) or (2), Code of Criminal Procedure.
Added by Acts 2015, 84th Leg., R.S., Ch. 1076 (H.B. 2486), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 1, eff. September 1, 2017.