reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.0721. Termination of Railroad Receivership

Sec. 64.0721.  TERMINATION OF RAILROAD RECEIVERSHIP.  (a)  A receiver of a railroad company located wholly within this state that has been in receivership for more than 50 years may apply to the court that appointed the receiver requesting the court to:
(1)  terminate the receivership;  and
(2)  disburse any assets of the railroad company remaining after the payment of the company's debts to one or more nonprofit charitable organizations chosen by the receiver for use in providing services within the county in which the receiver was appointed.
(b)  After a receiver makes an application under Subsection (a), the receiver shall publish notice of the proposed termination of the receivership for seven consecutive days in a newspaper of general circulation in the county in which the receivership is located.  The notice must state that a person with an interest in the assets of the railroad company may file a claim with the court that appointed the receiver not later than the 90th day after the final day of the publication of the notice.
(c)  After the expiration of the period for filing claims provided by Subsection (b) and after the court resolves all claims filed with the court relating to the railroad company, the court shall disburse any remaining assets of the receivership to the nonprofit charitable organizations chosen by the receiver that are acceptable to the court in its discretion.
(d)  Any noncash assets of a railroad company that exist when its receivership is terminated under this section escheat to the state.
Added by Acts 1997, 75th Leg., ch. 821, Sec. 1, eff. June 17, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.073. Earnings on Improved Property Liable for Debts

Sec. 64.073.  EARNINGS ON IMPROVED PROPERTY LIABLE FOR DEBTS.  (a)  A corporation in receivership shall contribute to the payment of any floating debts against it an amount equal to the full value of current earnings spent by the receiver for:
(1)  improvements to the corporate property held by the receiver, the purchase of rolling stock or machinery, and other improvements that increase the value of the property;  or
(2)  the extension of a road or the acquisition of land in connection with a road.
(b)  If property of a corporation in receivership is sold under court order in a lien foreclosure, the court shall order the clerk to retain from the sale proceeds an amount equal to the value of improvements made by the receiver to the property sold and shall order that money to be paid to persons with a claim, debt, or judgment against the corporation.  The courts shall require an amount of cash sufficient for that purpose to be paid in at the date of sale.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.074. Claims Preference Against Current Earnings

Sec. 64.074.  CLAIMS PREFERENCE AGAINST CURRENT EARNINGS.  A judgment or claim existing against a corporation at the time the receiver is appointed or a judgment in an action existing at that time shall be paid out of the earnings of the corporation earned during the receivership in preference to the mortgage of a mortgagee who instituted the receivership.  The judgment or claim is a lien on those earnings.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.075. Forfeiture of Charter for Unqualified Receiver

Sec. 64.075.  FORFEITURE OF CHARTER FOR UNQUALIFIED RECEIVER.  If a person who is not a citizen and qualified voter of this state is appointed receiver for a domestic corporation that owns property in this state, the corporation forfeits its charter.  The attorney general shall immediately bring suit in the nature of quo warranto for forfeiture of the charter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter E. Provisions Relating to Receivership of Corporations › Section 64.076. Suits Against Railroad Receiver: Venue and Service

Sec. 64.076.  SUITS AGAINST RAILROAD RECEIVER:  VENUE AND SERVICE.  An action against the receiver of a railroad company may be brought in any county through or into which the railroad is constructed, and citation may be served on the receiver, the general or division superintendent, or an agent of the receiver who resides in the county in which the suit is brought.  If no agent of the receiver resides in the county in which the suit is brought, citation may be served on any agent of the receiver in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.101. Notice and Citation for Receivership for Certain Missing Persons

Sec. 64.101.  NOTICE AND CITATION FOR RECEIVERSHIP FOR CERTAIN MISSING PERSONS.  (a)  On the filing of an application for the appointment of a receiver for a missing person under Section 64.001(d), the court clerk shall issue a citation that states that the application for receivership was filed and includes:
(1)  the name of the missing person;  and
(2)  the name of the applicant.
(b)  The citation must cite all persons interested in the welfare of the missing person to appear at the time and place stated in the notice for purposes of contesting the application.  The citation shall be posted.
(c)  Except as provided by Section 17.032, the citation shall be published on the public information Internet website maintained as required by Section 72.034, Government Code, as added by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular Session, 2019, and in a newspaper of general circulation:
(1)  once in the county in which the missing person resides; and
(2)  once in each county in which property of the missing person's estate is located.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 9.01, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.102. Proceeding to Appoint Receiver

Sec. 64.102.  PROCEEDING TO APPOINT RECEIVER.  (a)  The court shall appoint an attorney ad litem to represent the interests of a missing person at a proceeding to appoint a receiver for the missing person under Section 64.001(d).  To be eligible for appointment as an attorney ad litem under this subsection, a person must be certified in the same manner and to the same extent as a person who is appointed as an attorney ad litem for a proposed ward under Section 1054.001, Estates Code.
(b)  The court may appoint a guardian ad litem for a missing person if the court determines that the appointment would be in the best interest of the missing person.  A guardian ad litem appointed under this subsection is an officer of the court.  The guardian ad litem shall protect the missing person in a manner that will enable the court to determine the appropriate action to take in relation to the best interest of the missing person.
(c)  An attorney ad litem or a guardian ad litem appointed under this section is entitled to reasonable compensation for services in an amount set by the court to be charged as costs in the proceeding.
(d)  The cost of a proceeding instituted for the appointment of a receiver for a missing person under Section 64.001(d) shall be paid from the receivership, if a receivership is created.  If the court denies an application for appointment of a receiver, the applicant shall pay the costs of the proceeding.
(e)  The term of a receivership for a missing person granted under Section 64.001(d) may not exceed six months unless, before the expiration of the term and for good cause shown, the court extends the receivership for another term not to exceed six months.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.003, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.103. Bond

Sec. 64.103.  BOND.  The bond under Section 64.023 required to be executed by a receiver for a missing person appointed under Section 64.001(d) must be set in an amount the court considers necessary to protect the estate of the missing person.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.104. Expenditures by Receiver

Sec. 64.104.  EXPENDITURES BY RECEIVER.  If, during the receivership for a missing person under Section 64.001(d), the needs of the spouse or dependent children of the missing person require the use of the income or corpus of the estate for education, clothing, or subsistence, the court may, with or without application, by order entered in the minutes of the court, appropriate an amount of the income or corpus sufficient for that purpose.  The income or corpus shall be used by the receiver to pay claims for education, clothing, or subsistence that are presented to the court and approved and ordered to be paid.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.105. Receiver's Expenses, Account, and Compensation

Sec. 64.105.  RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.  (a)  All necessary expenses incurred by a receiver appointed under Section 64.001(d) for a missing person in administering the property shall be reported to the court at intervals not longer than six months in length, as required by the court, and shall be reported in an annual report filed not later than the 60th day after the end of each calendar year if the court extends the receivership in accordance with Section 64.102(e).  The report shall be made to the court by a sworn statement of account, including a report of:
(1)  the receiver's acts;
(2)  the condition of the property;
(3)  the status of the threatened danger to the property;  and
(4)  the progress made toward abatement of the threatened danger.
(b)  If the court is satisfied that the statement is correct and reasonable in all respects, the court shall promptly by order approve the report and authorize the reimbursement of the receiver from the funds under the receiver's control.
(c)  For official services rendered, the receiver is entitled to be compensated in the same manner and amount as is provided by Title 3, Estates Code, for similar services rendered by guardians of estates.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.004, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.106. Closing Receivership

Sec. 64.106.  CLOSING RECEIVERSHIP.  When the threatened danger has abated and the estate of a missing person for whom a receiver was appointed under Section 64.001(d) is no longer liable to injury, loss, or waste for the lack of a representative or when the receivership terminates under Section 64.102(e), whichever occurs earlier, the receiver shall:
(1)  report to the court;  and
(2)  file with the clerk a full and final sworn account of:
(A)  all property received by the receiver;
(B)  all sums paid out;
(C)  all acts performed by the receiver with respect to the property;  and
(D)  all property remaining in the receiver's control.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.107. Action of Court

Sec. 64.107.  ACTION OF COURT.  (a)  If, on hearing the report and account required under Section 64.106, the court is satisfied that the danger of injury, loss, or waste has abated and that the report and account are correct, the court shall render an order finding that the danger has abated and that the report and account are correct and shall direct the receiver to deliver the property to the person from whom the receiver took possession as receiver, to the missing person, or to another person the court finds to be entitled to possession of the estate.  The person to whom the property is delivered shall execute and file with the clerk an appropriate receipt for the property delivered.
(b)  The order of the court shall discharge the receiver and the receiver's sureties.
(c)  If the court is not satisfied that the danger has abated, or is not satisfied with the report and account, the court shall render an order continuing the receivership in effect until the court is satisfied that the danger has abated and that the report and account are correct, subject to the limitation prescribed by Section 64.102(e) for the extension of a receivership.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter G. Receiver for Certain Missing Persons › Section 64.108. Recordation of Proceedings

Sec. 64.108.  RECORDATION OF PROCEEDINGS.  All orders, bonds, reports, accounts, and notices in the receivership proceedings under this subchapter shall be recorded in the minutes of the court.
Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter A. General Provisions › Section 65.001. Application of Equity Principles

Sec. 65.001.  APPLICATION OF EQUITY PRINCIPLES.  The principles governing courts of equity govern injunction proceedings if not in conflict with this chapter or other law.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter A. General Provisions › Section 65.002. Restraining Order or Injunction Affecting Customer of Financial Institution

Sec. 65.002.  RESTRAINING ORDER OR INJUNCTION AFFECTING CUSTOMER OF FINANCIAL INSTITUTION.  Service or delivery of a restraining order or injunction affecting property held by a financial institution in the name of or on behalf of a customer of the financial institution is governed by Section 59.008, Finance Code.
Added by Acts 1999, 76th Leg., ch. 344, Sec. 7.006, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.011. Grounds Generally

Sec. 65.011.  GROUNDS GENERALLY.  A writ of injunction may be granted if:
(1)  the applicant is entitled to the relief demanded and all or part of the relief requires the restraint of some act prejudicial to the applicant;
(2)  a party performs or is about to perform or is procuring or allowing the performance of an act relating to the subject of pending litigation, in violation of the rights of the applicant, and the act would tend to render the judgment in that litigation ineffectual;
(3)  the applicant is entitled to a writ of injunction under the principles of equity and the statutes of this state relating to injunctions;
(4)  a cloud would be placed on the title of real property being sold under an execution against a party having no interest in the real property subject to execution at the time of sale, irrespective of any remedy at law;  or
(5)  irreparable injury to real or personal property is threatened, irrespective of any remedy at law.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.17, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.012. Operation of Well or Mine

Sec. 65.012.  OPERATION OF WELL OR MINE.  (a)  A court may issue an injunction or temporary restraining order prohibiting subsurface drilling or mining operations only if an adjacent landowner filing an application claims that a wrongful act caused injury to his surface or improvements or loss of or injury to his minerals and if the party against whom the injunction is sought is unable to respond in damages for the resulting injuries.
(b)  To secure the payment of any injuries that may be sustained by the complainant as a result of subsurface drilling or mining operations, the party against whom an injunction is sought under this section shall enter into a good and sufficient bond in an amount fixed by the court hearing the application.
(c)  The court may appoint a trustee or receiver instead of requiring a bond if the court considers it necessary to protect the interests involved in litigation concerning an injunction under this section.  The trustee or receiver has the powers prescribed by the court and shall take charge of and hold the minerals produced from the drilling or mining operation or the proceeds from the disposition of those minerals, subject to the final disposition of the litigation.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.013. Stay of Judgment or Proceeding

Sec. 65.013.  STAY OF JUDGMENT OR PROCEEDING.  An injunction may not be granted to stay a judgment or proceeding at law except to stay as much of the recovery or cause of action as the complainant in his petition shows himself equitably entitled to be relieved against and as much as will cover the costs.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.014. Limitations on Stay of Execution of Judgment

Sec. 65.014.  LIMITATIONS ON STAY OF EXECUTION OF JUDGMENT.  (a)  Except as provided by Subsection (b), an injunction to stay execution of a valid judgment may not be granted more than one year after the date on which the judgment was rendered unless:
(1)  the application for the injunction has been delayed because of fraud or false promises of the plaintiff in the judgment practiced or made at the time of or after rendition of the judgment;  or
(2)  an equitable matter or defense arises after the rendition of the judgment.
(b)  If the applicant for an injunction to stay execution of a judgment was absent from the state when the judgment was rendered and was unable to apply for the writ within one year after the date of rendition, the injunction may be granted at any time within two years after that date.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.015. Closing of Streets

Sec. 65.015.  CLOSING OF STREETS.  An injunction may not be granted to stay or prevent the governing body of an incorporated city from vacating, abandoning, or closing a street or alley except on the suit of a person:
(1)  who is the owner or lessee of real property abutting the part of the street or alley vacated, abandoned, or closed;  and
(2)  whose damages have neither been ascertained and paid in a condemnation suit by the city nor released.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.016. Violation of Revenue Law

Sec. 65.016.  VIOLATION OF REVENUE LAW.  At the instance of the county or district attorney or the attorney general, a court by injunction may prevent, prohibit, or restrain the violation of any revenue law of this state.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.03(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter B. Availability of Remedy › Section 65.017. Cigarette Seller, Distributor, or Manufacturer

Sec. 65.017.  CIGARETTE SELLER, DISTRIBUTOR, OR MANUFACTURER.  In addition to any other remedy provided by law, a person may bring an action in good faith for appropriate injunctive relief if the person sells, distributes, or manufactures cigarettes and sustains a direct economic or commercial injury as a result of a violation of:
(1)  Section 48.015, Penal Code; or
(2)  Section 154.0415, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.12, eff. April 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter C. Jurisdiction of Proceedings; Venue › Section 65.021. Jurisdiction of Proceeding

Sec. 65.021.  JURISDICTION OF PROCEEDING.  (a)  The judge of a district or county court in term or vacation shall hear and determine applications for writs of injunction.
(b)  This section does not limit injunction jurisdiction granted by law to other courts.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter C. Jurisdiction of Proceedings; Venue › Section 65.022. Return of Writ; Hearing by Nonresident Judge

Sec. 65.022.  RETURN OF WRIT;  HEARING BY NONRESIDENT JUDGE.  (a)  Except as provided by this section, a writ of injunction is returnable only to the court granting the writ.
(b)  A district judge may grant a writ returnable to a court other than his own if the resident judge refuses to act or cannot hear and act on the application because of his absence, sickness, inability, inaccessibility, or disqualification.  Those facts must be fully set out in the application or in an affidavit accompanying the application.  A judge who refuses to act shall note that refusal and the reasons for refusal on the writ.  A district judge may not grant the writ if the application has been acted on by another district judge.
(c)  A district judge may grant a writ returnable to a court other than his own to stay execution or restrain foreclosure, sale under a deed of trust, trespass, removal of property, or an act injurious to or impairing riparian or easement rights if satisfactory proof is made to the nonresident judge that it is impracticable for the applicant to reach the resident judge and procure the action of the resident judge in time to put into effect the purposes of the application.
(d)  A district judge may grant a writ returnable to a court other than his own if the resident judge cannot be reached by the ordinary and available means of travel and communication in sufficient time to put into effect the purpose of the writ sought.  In seeking a writ under this subsection, the applicant or attorney for the applicant shall attach to the application an affidavit that fully states the facts of the inaccessibility and the efforts made to reach and communicate with the resident judge.  The judge to whom application is made shall refuse to hear the application unless he determines that the applicant made fair and reasonable efforts to reach and communicate with the resident judge.  The injunction may be dissolved on a showing that the applicant did not first make reasonable efforts to procure a hearing on the application before the resident judge.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter C. Jurisdiction of Proceedings; Venue › Section 65.023. Place for Trial

Sec. 65.023.  PLACE FOR TRIAL.  (a)  Except as provided by Subsection (b), a writ of injunction against a party who is a resident of this state shall be tried in a district or county court in the county in which the party is domiciled.  If the writ is granted against more than one party, it may be tried in the proper court of the county in which either party is domiciled.
(b)  A writ of injunction granted to stay proceedings in a suit or execution on a judgment must be tried in the court in which the suit is pending or the judgment was rendered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter D. Injunction Obtained for Purposes of Delaying Collection of Money › Section 65.031. Dissolution; Award of Damages

Sec. 65.031.  DISSOLUTION;  AWARD OF DAMAGES.  If on final hearing a court dissolves in whole or in part an injunction enjoining the collection of money and the injunction was obtained only for delay, the court may assess damages in an amount equal to 10 percent of the amount released by dissolution of the injunction, exclusive of costs.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction › Section 65.041. Bond Not Required for Issuance of Temporary Restraining Order for Certain Indigent Applicants

Sec. 65.041.  BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER FOR CERTAIN INDIGENT APPLICANTS.  A court may not require an applicant for a temporary restraining order to execute a bond to the adverse party before the order may issue if:
(1)  the applicant submits an affidavit that meets the requirements of Section 65.043 to the court;  and
(2)  the court finds that the order is intended to restrain the adverse party from foreclosing on the applicant's residential homestead.
Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction › Section 65.042. Bond Not Required for Issuance of Temporary Injunction for Certain Indigent Applicants

Sec. 65.042.  BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY INJUNCTION FOR CERTAIN INDIGENT APPLICANTS.  (a)  A court may not require an applicant for a temporary injunction to execute a bond to the adverse party before the injunction may issue if:
(1)  the applicant submits an affidavit that meets the requirements of Section 65.043 to the court;  and
(2)  the court finds that the injunction is intended to enjoin the adverse party from foreclosing on the applicant's residential homestead.
(b)  If the affidavit submitted under Subsection (a)(1) is contested under Section 65.044, the court may not issue a temporary injunction unless the court finds that the applicant is financially unable to execute the bond.
Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction › Section 65.043. Affidavit

Sec. 65.043.  AFFIDAVIT.  (a)  The affidavit must contain complete information relating to each and every person liable for the indebtedness secured by or with an ownership interest in the residential homestead concerning the following matters:
(1)  identity;
(2)  income, including income from employment, dividends, interest, and any other source other than from a government entitlement;
(3)  spouse's income, if known to the applicant;
(4)  description and estimated value of real and personal property, other than the applicant's homestead;
(5)  cash and checking account;
(6)  debts and monthly expenses;
(7)  dependents;  and
(8)  any transfer to any person of money or other property with a value in excess of $1,000 made within one year of the affidavit without fair consideration.
(b)  The affidavit must state: "I am not financially able to post a bond to cover any judgment against me in this case.  All financial information that I provided to the lender was true and complete and contained no false statements or material omissions at the time it was provided to the lender.  Upon oath and under penalty of perjury, the statements made in this affidavit are true."
(c)  In the event the applicant is married, both spouses must execute the affidavit.
(d)  The affidavit must be verified.
Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction › Section 65.044. Contest of Affidavit

Sec. 65.044.  CONTEST OF AFFIDAVIT.  (a)  A party may not contest an affidavit filed by an applicant for a temporary restraining order as provided by Section 65.041.
(b)  A party may contest an affidavit filed by an applicant for a temporary injunction as provided by Section 65.042:
(1)  after service of a temporary restraining order in the case;  or
(2)  if a temporary restraining order was not applied for or issued, after service of notice of the hearing on the application for the temporary injunction.
(c)  A party contests an affidavit by filing a written motion and giving notice to all parties of the motion in accordance with Rule 21a of the Texas Rules of Civil Procedure.
(d)  The court shall hear the contest at the hearing on the application for a temporary injunction and determine whether the applicant is financially able to execute a bond against the adverse party as required by the Texas Rules of Civil Procedure.  In making its determination, the court may not consider:
(1)  any income from a government entitlement that the applicant receives;  or
(2)  the value of the applicant's residential homestead.
(e)  The court may order the applicant to post and file with the clerk a bond as required by the Texas Rules of Civil Procedure only if the court determines that the applicant is financially able to execute the bond.
(f)  An attorney who represents an applicant and who provides legal services without charge to the applicant and without a contractual agreement for payment contingent on any event may file an affidavit with the court describing the financial nature of the representation.
Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 65 - Injunction › Subchapter E. Applicants Bond for Temporary Restraining Order or Temporary Injunction › Section 65.045. Conflict With Texas Rules of Civil Procedure

Sec. 65.045.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  (a)  To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure, this subchapter controls.
(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this subchapter.
(c)  The district courts and statutory county courts in a county may not adopt local rules in conflict with this subchapter.
Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 66 - Quo Warranto › Section 66.001. Grounds

Sec. 66.001.  GROUNDS.  An action in the nature of quo warranto is available if:
(1)  a person usurps, intrudes into, or unlawfully holds or executes a franchise or an office, including an office in a corporation created by the authority of this state;
(2)  a public officer does an act or allows an act that by law causes a forfeiture of his office;
(3)  an association of persons acts as a corporation without being legally incorporated;
(4)  a corporation does or omits an act that requires a surrender or causes a forfeiture of its rights and privileges as a corporation;
(5)  a corporation exercises power not granted by law;
(6)  a railroad company charges an extortionate rate for transportation of freight or passengers;  or
(7)  a railroad company unlawfully refuses to move over its lines the cars of another railroad company.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 66 - Quo Warranto › Section 66.002. Initiation of Suit

Sec. 66.002.  INITIATION OF SUIT.  (a)  If grounds for the remedy exist, the attorney general or the county or district attorney of the proper county may petition the district court of the proper county or a district judge if the court is in vacation for leave to file an information in the nature of quo warranto.
(b)  The petition must state that the information is sought in the name of the State of Texas.
(c)  The attorney general or county or district attorney may file the petition on his own motion or at the request of an individual relator.
(d)  If there is probable ground for the proceeding, the judge shall grant leave to file the information, order the information to be filed, and order process to be issued.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 66 - Quo Warranto › Section 66.003. Judgment

Sec. 66.003.  JUDGMENT.  If the person against whom the information is filed is found guilty as charged, the court:
(1)  shall enter judgment removing the person from the office or franchise;
(2)  shall enter judgment for the costs of prosecution in favor of the relator;  and
(3)  may fine the person for usurping, intruding into, or unlawfully holding and executing the office or franchise.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.001. Definitions

Sec. 71.001.  DEFINITIONS.  In this subchapter:
(1)  "Corporation" means a municipal, private, public, or quasi-public corporation other than a county or a common or independent school district.
(2)  "Person" means an individual, association of individuals, joint-stock company, or corporation or a trustee or receiver of an individual, association of individuals, joint-stock company, or corporation.
(3)  "Death" includes, for an individual who is an unborn child, the failure to be born alive.
(4)  "Individual" includes an unborn child at every stage of gestation from fertilization until birth.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 822, Sec. 1.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.002. Cause of Action

Sec. 71.002.  CAUSE OF ACTION.  (a)  An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section.
(b)  A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.
(c)  A person is liable for damages arising from an injury that causes an individual's death if:
(1)  the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers;  and
(2)  the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.
(d)  A person is liable for damages arising from an injury that causes an individual's death if:
(1)  the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery;  and
(2)  the injury was caused by:
(A)  the person's wrongful act, neglect, carelessness, unskillfulness, or default;
(B)  the person's servant's or agent's wrongful act, neglect, carelessness, unfitness, unskillfulness, or default;  or
(C)  a bad or unsafe condition of the railroad, street railway, or other machinery under the person's control or operation.
(e)  A person is liable for damages arising from an injury that causes an individual's death if:
(1)  the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery;  and
(2)  the action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.003. Application; Certain Conduct Excepted

Sec. 71.003.  APPLICATION;  CERTAIN CONDUCT EXCEPTED.  (a)  This subchapter applies only if the individual injured would have been entitled to bring an action for the injury if the individual had lived or had been born alive.
(b)  This subchapter applies whether the injury occurs inside or outside this state.
(c)  This subchapter does not apply to a claim for the death of an individual who is an unborn child that is brought against:
(1)  the mother of the unborn child;
(2)  a physician or other licensed health care provider, if the death is the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent;
(3)  a person who dispenses or administers a drug in accordance with law, if the death is the result of the dispensation or administration of the drug;  or
(4)  a physician or other health care provider licensed in this state, if the death directly or indirectly is caused by, associated with, arises out of, or relates to a lawful medical or health care practice or procedure of the physician or the health care provider.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 822, Sec. 1.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.004. Benefitting From and Bringing Action

Sec. 71.004.  BENEFITTING FROM AND BRINGING ACTION.  (a)  An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.
(b)  The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.
(c)  If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.005. Evidence Relating to Marital Status

Sec. 71.005.  EVIDENCE RELATING TO MARITAL STATUS.  In an action under this subchapter, evidence of the actual ceremonial remarriage of the surviving spouse is admissible, if it is true, but the defense is prohibited from directly or indirectly mentioning or alluding to a common-law marriage, an extramarital relationship, or the marital prospects of the surviving spouse.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.0055. Evidence of Pregnancy

Sec. 71.0055.  EVIDENCE OF PREGNANCY.  In an action under this subchapter for the death of an individual who is an unborn child, the plaintiff shall provide medical or other evidence that the mother of the individual was pregnant at the time of the individual's death.
Added by Acts 2003, 78th Leg., ch. 822, Sec. 1.03, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.006. Effect of Felonious Act

Sec. 71.006.  EFFECT OF FELONIOUS ACT.  An action under this subchapter is not precluded because the death is caused by a felonious act or because there may be a criminal proceeding in relation to the felony.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.007. Ineffective Agreement

Sec. 71.007.  INEFFECTIVE AGREEMENT.  An agreement between the owner of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery and an individual, corporation, trustee, receiver, lessee, joint-stock association, or other entity in control of or operating the vehicle, plant, or other machinery does not release the owner or the entity controlling or operating the vehicle, plant, or other machinery from liability provided by this subchapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.008. Death of Defendant

Sec. 71.008.  DEATH OF DEFENDANT.  (a)  If a defendant dies while an action under this subchapter is pending or if the individual against whom the action may have been instituted dies before the action is begun, the executor or administrator of the estate may be made a defendant, and the action may be prosecuted as though the defendant or individual were alive.
(b)  A judgment in favor of the plaintiff shall be paid in due course of administration.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.009. Exemplary Damages

Sec. 71.009.  EXEMPLARY DAMAGES.  When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.010. Award and Apportionment of Damages

Sec. 71.010.  AWARD AND APPORTIONMENT OF DAMAGES.  (a)  The jury may award damages in an amount proportionate to the injury resulting from the death.
(b)  The damages awarded shall be divided, in shares as found by the jury in its verdict, among the individuals who are entitled to recover and who are alive at that time.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.011. Damages Not Subject to Debts

Sec. 71.011.  DAMAGES NOT SUBJECT TO DEBTS.  Damages recovered in an action under this subchapter are not subject to the debts of the deceased.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter A. Wrongful Death › Section 71.012. Qualification of Foreign Personal Representative

Sec. 71.012.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE.  If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.
Added by Acts 1999, 76th Leg., ch. 382, Sec. 1, eff. May 29, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.005, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter B. Survival › Section 71.021. Survival of Cause of Action

Sec. 71.021.  SURVIVAL OF CAUSE OF ACTION.  (a)  A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.
(b)  A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.  The action survives against the liable person and the person's legal representatives.
(c)  The suit may be instituted and prosecuted as if the liable person were alive.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter B. Survival › Section 71.022. Qualification of Foreign Personal Representative

Sec. 71.022.  QUALIFICATION OF FOREIGN PERSONAL REPRESENTATIVE.  If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative of the estate who has complied with the requirements of Chapter 503, Estates Code, for the probate of a foreign will is not required to apply for ancillary letters testamentary under Section 501.006, Estates Code, to bring and prosecute the action.
Added by Acts 1999, 76th Leg., ch. 382, Sec. 2, eff. May 29, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.006, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 1, eff. September 1, 2019.