reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.046. Purchaser Considered Innocent Purchaser Without Notice

Sec. 34.046.  PURCHASER CONSIDERED INNOCENT PURCHASER WITHOUT NOTICE.  The purchaser of property sold under execution is considered to be an innocent purchaser without notice if the purchaser would have been considered an innocent purchaser without notice had the sale been made voluntarily and in person by the defendant.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.047. Distribution of Sale Proceeds

Sec. 34.047.  DISTRIBUTION OF SALE PROCEEDS.  (a)  An officer shall deliver money collected on execution to the entitled party at the earliest opportunity.
(b)  The officer is entitled to retain from the proceeds of a sale of personal property an amount equal to the reasonable expenses incurred by him in making the levy and keeping the property.
(c)  If more money is received from the sale of property than is sufficient to satisfy the executions held by the officer, the officer shall immediately pay the surplus to the defendant or the defendant's agent or attorney.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter C. Sale › Section 34.048. Purchase by Officer Void

Sec. 34.048.  PURCHASE BY OFFICER VOID.  If an officer or his deputy conducting an execution sale directly or indirectly purchases the property, the sale is void.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.061. Duty Toward Seized Personalty; Liability

Sec. 34.061.  DUTY TOWARD SEIZED PERSONALTY;  LIABILITY.  (a)  The officer shall keep securely all personal property on which he has levied and for which no delivery bond is given.
(b)  If an injury or loss to an interested party results from the negligence of the officer, the officer and his sureties are liable for the value of the property lost or damaged.
(c)  The injured party has the burden to prove:
(1)  that the officer took actual possession of the injured party's property; and
(2)  the actual value of any property lost or damaged.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.062. Duty of Successor Officer

Sec. 34.062.  DUTY OF SUCCESSOR OFFICER.  If the officer who receives a writ of execution dies or goes out of office before the writ is returned, his successor or the officer authorized to discharge the duties of the office shall proceed in the same manner as the receiving officer was required to proceed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.063. Improper Endorsement of Writ

Sec. 34.063.  IMPROPER ENDORSEMENT OF WRIT.  (a)  If an officer receives more than one writ of execution on the same day against the same person and fails to number them as received or if an officer falsely endorses a writ of execution, the officer and the officer's sureties are liable to the plaintiff in execution only for actual damages suffered by the plaintiff because of the failure or false endorsement.
(b)  The plaintiff in execution has the burden to prove:
(1)  the officer failed to properly number or endorse the writ of execution;
(2)  the officer's failure precluded the levy of executable property owned by the judgment debtor;
(3)  the executable property owned by the judgment debtor was not exempt from execution or levy; and
(4)  the plaintiff in execution suffered actual damages.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.
Sec. 34.064.  IMPROPER RETURN OF WRIT.  (a)  An officer may file an amended or corrected return after the officer has returned a writ to a court.
(b)  Once an officer receives actual notice of an error on a return or of the officer's failure to file a return, the officer shall amend the return or file the return not later than the 30th day after the date of the receipt of notice.
(c)  An officer who fails or refuses to amend or file the return may be subject to contempt under Section 7.001(b).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.065. Failure to Levy or Sell

Sec. 34.065.  FAILURE TO LEVY OR SELL.  (a)  If an officer fails or refuses to levy on or sell property subject to execution and the levy or sale could have taken place, the officer and the officer's sureties are liable to the party entitled to receive the money collected on execution only for actual damages suffered.
(b)  The judgment creditor seeking relief under this section has the burden to prove:
(1)  the judgment creditor has a valid judgment against the judgment debtor;
(2)  the writ of execution was issued to the judgment creditor;
(3)  the writ was delivered to the officer;
(4)  the judgment creditor's judgment was unpaid and unsatisfied;
(5)  the property to be levied on was subject to execution;
(6)  the officer failed or refused to levy under the writ; and
(7)  the amount of actual damages suffered.
(c)  Property to be levied on is subject to execution for purposes of this section if the judgment creditor proves that the judgment debtor owned the property at issue, the property was accessible to the officer under the law, the property was situated in the officer's county, and the property was not exempt from execution.
(d)  Before a court may find that an officer failed or refused to levy under the writ for purposes of this section, the court must find that the judgment creditor specifically informed the officer that the property was owned by the judgment debtor and was subject to execution and that the creditor directed the officer to levy on the property.
(e)  In this section, "actual damages" is the amount of money the property would have sold for at a constable or sheriff's auction minus any costs of sale, commissions, and additional expenses of execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.066. Improper Sale

Sec. 34.066.  IMPROPER SALE.  (a)  If an officer sells property without giving notice as required by the Texas Rules of Civil Procedure or sells property in a manner other than that prescribed by this chapter and the Texas Rules of Civil Procedure, the officer shall be liable only for actual damages sustained by the injured party.
(b)  The injured party has the burden to prove that the sale was improper and any actual damages suffered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.067. Failure to Deliver Money Collected

Sec. 34.067.  FAILURE TO DELIVER MONEY COLLECTED.  If an officer fails or refuses to deliver money collected under an execution when demanded by the person entitled to receive the money, the officer and the officer's sureties are liable to the person for the amount collected and for damages at a rate of one percent a month on that amount if proven by the injured party.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.068. Rules Governing Actions Under This Chapter

Sec. 34.068.  RULES GOVERNING ACTIONS UNDER THIS CHAPTER.  (a)  This section applies to any claim for damages brought under Section 7.001, 34.061, 34.063, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government Code.
(b)  Suit shall be brought in the form of a lawsuit filed against the officer in the county in which the officer holds office.
(c)  All suits must be filed not later than the first anniversary of the date on which the injury accrues.
(d)  An officer or a surety may defend the action by stating and proving any defenses provided by law, including any defense that would mitigate damages.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.069. Payment of Damages

Sec. 34.069.  PAYMENT OF DAMAGES.  A county, at the discretion of the commissioners court, may pay any judgment taken against an officer under Section 7.001, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government Code, provided that this section does not apply if the officer is finally convicted under Section 39.02 or 39.03, Penal Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.070. Right of Subrogation

Sec. 34.070.  RIGHT OF SUBROGATION.  An officer against whom a judgment has been taken under Section 7.001, 7.002, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government Code, or a county that has paid the judgment on behalf of the officer under Section 34.069, has a right of subrogation against the debtor or person against whom the writ was issued.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.071. Duties of Executing Officer

Sec. 34.071.  DUTIES OF EXECUTING OFFICER.  An officer receiving a writ of execution does not have a duty to:
(1)  search for property belonging to the judgment debtor;
(2)  determine whether property belongs to a judgment debtor;
(3)  determine whether property belonging to the judgment debtor is exempt property that is not subject to levy;
(4)  determine the priority of liens asserted against property subject to execution; or
(5)  make multiple levies for cash or multiple levies at the same location.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.072. Timing of Execution and Return

Sec. 34.072.  TIMING OF EXECUTION AND RETURN.  (a)  An officer receiving a writ of execution may return the writ after the first levy, or attempted levy, if the judgment creditor cannot designate any more executable property currently owned by the judgment debtor at the time of the first levy or first attempted levy.
(b)  Notwithstanding Rule 637, Texas Rules of Civil Procedure, an attempt to levy on property may begin any time during the life of the writ, provided that the officer shall allow enough time for completing the sale of the property.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.073. Transfer of Writ; No Duty to Levy Outside of County

Sec. 34.073.  TRANSFER OF WRIT; NO DUTY TO LEVY OUTSIDE OF COUNTY.  (a)  An officer receiving a writ may transfer the writ to another officer in another precinct, or to another law enforcement agency authorized to perform executions, within the county of the first officer who received the writ.
(b)  An officer does not have a duty to levy on or sell property not within the officer's county, unless it is real property that is partially in the officer's county and partially within a contiguous county.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.074. Officer's Surety

Sec. 34.074.  OFFICER'S SURETY.  (a)  An officer's surety may only be liable for the penal sum of the surety bond minus any amounts already paid out under the bond.  In no event may an officer's surety be liable for more than the penal sum of the officer's surety bond.
(b)  If the officer and the officer's surety are both defendants in an action brought under this chapter, the surety may deposit in the court's registry the amount unpaid under the surety bond and the court shall determine the proper disposition of this sum or order the return of the deposit to the surety in the court's final judgment.
(c)  A surety is not a necessary party to an action brought under this chapter or under Section 7.001.  Instead, a prevailing party under these provisions may bring a separate action against a surety failing to pay the amount remaining under the bond on a final judgment.  This action must be brought on or before 180 days after the date all appeals are exhausted in the underlying action.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.075. Wrongful Levy

Sec. 34.075.  WRONGFUL LEVY.  Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied upon personal property, and the property, or any part of the property, is claimed by any claimant who is not a party to the writ, the only remedy against a sheriff or constable for wrongful levy on the property is by trial of right of property under Part VI, Section 9, Texas Rules of Civil Procedure.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 34 - Execution on Judgments › Subchapter D. Duties and Liabilities of Executing Officer › Section 34.076. Exclusive Remedy

Sec. 34.076.  EXCLUSIVE REMEDY.  This subchapter is the exclusive remedy for violations of an officer's duties with regard to the execution and return of writs without regard to the source of the duty prescribed by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.001. Definition

Sec. 35.001.  DEFINITION.  In this chapter, "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.002. Short Title

Sec. 35.002.  SHORT TITLE.  This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.003. Filing and Status of Foreign Judgments

Sec. 35.003.  FILING AND STATUS OF FOREIGN JUDGMENTS.  (a)  A copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state.
(b)  The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed.
(c)  A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a judgment of the court in which it is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.004. Affidavit; Notice of Filing

Sec. 35.004.  AFFIDAVIT;  NOTICE OF FILING.  (a)  At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.
(b)  The judgment creditor or the judgment creditor's attorney shall:
(1)  promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address provided for the judgment debtor under Subsection (a); and
(2)  file proof of mailing of the notice with the clerk of the court.
(c)  The notice must include the name and post office address of the judgment creditor and if the judgment creditor has an attorney in this state, the attorney's name and address.
(d)  On receipt of proof of mailing under Subsection (b), the clerk of the court shall note the mailing in the docket.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 65 (S.B. 428), Sec. 1, eff. May 17, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.006. Stay

Sec. 35.006.  STAY.  (a)  If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, that the time for taking an appeal has not expired, or that a stay of execution has been granted, has been requested, or will be requested, and proves that the judgment debtor has furnished or will furnish the security for the satisfaction of the judgment required by the state in which it was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(b)  If the judgment debtor shows the court a ground on which enforcement of a judgment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period and require the same security for suspending enforcement of the judgment that is required in this state in accordance with Section 52.006.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 7.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.007. Fees

Sec. 35.007.  FEES.  (a)  A person filing a foreign judgment shall pay to the clerk of the court the amount as otherwise provided by law for filing suit in the courts of this state.
(b)  Filing fees are due and payable at the time of filing.
(c)  Fees for other enforcement proceedings are as provided by law for judgments of the courts of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 35 - Enforcement of Judgments of Other States › Section 35.008. Optional Procedure

Sec. 35.008.  OPTIONAL PROCEDURE.  A judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.001. Short Title

Sec. 36A.001.  SHORT TITLE.  This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.002. Definitions

Sec. 36A.002.  DEFINITIONS.  In this chapter:
(1)  "Foreign country" means a government other than:
(A)  the United States;
(B)  a state, district, commonwealth, territory, or insular possession of the United States; or
(C)  any other government with respect to which the decision in this state as to whether to recognize a judgment of that government's court is initially subject to determination under Section 1, Article IV, United States Constitution (the full faith and credit clause).
(2)  "Foreign-country judgment" means a judgment of a court of a foreign country.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.003. Applicability

Sec. 36A.003.  APPLICABILITY.  (a)  Except as otherwise provided in Subsection (b), this chapter applies to a foreign-country judgment to the extent that the judgment:
(1)  grants or denies recovery of a sum of money; and
(2)  under the law of the foreign country in which the judgment is rendered, is final, conclusive, and enforceable.
(b)  This chapter does not apply to a foreign-country judgment that grants or denies recovery of a sum of money to the extent that the judgment is:
(1)  a judgment for taxes;
(2)  a fine or other penalty; or
(3)  a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c)  A party seeking recognition of a foreign-country judgment has the burden of establishing that this chapter applies to the foreign-country judgment.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.004. Standards for Recognition of Foreign-Country Judgment

Sec. 36A.004.  STANDARDS FOR RECOGNITION OF FOREIGN-COUNTRY JUDGMENT.  (a)  Except as otherwise provided in Subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this chapter applies.
(b)  A court of this state may not recognize a foreign-country judgment if:
(1)  the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2)  the foreign court did not have personal jurisdiction over the defendant; or
(3)  the foreign court did not have jurisdiction over the subject matter.
(c)  A court of this state is not required to recognize a foreign-country judgment if:
(1)  the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2)  the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present the party's case;
(3)  the judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or the United States;
(4)  the judgment conflicts with another final and conclusive judgment;
(5)  the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in the foreign court;
(6)  jurisdiction was based only on personal service and the foreign court was a seriously inconvenient forum for the trial of the action;
(7)  the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment;
(8)  the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law; or
(9)  it is established that the foreign country in which the judgment was rendered does not recognize judgments rendered in this state that, but for the fact that they are rendered in this state, would constitute foreign-country judgments to which this chapter would apply under Section 36A.003.
(d)  A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in Subsection (b) or (c) exists.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.005. Personal Jurisdiction

Sec. 36A.005.  PERSONAL JURISDICTION.  (a)  A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1)  the defendant was served with process personally in the foreign country;
(2)  the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3)  the defendant, before commencement of the proceeding, agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4)  the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization whose principal place of business was in, or that was organized under the laws of, the foreign country;
(5)  the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6)  the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(b)  The list of bases for personal jurisdiction in Subsection (a) is not exclusive.  A court of this state may recognize bases of personal jurisdiction other than those listed in Subsection (a) as sufficient to support a foreign-country judgment.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.006. Procedure for Recognition of Foreign-Country Judgment

Sec. 36A.006.  PROCEDURE FOR RECOGNITION OF FOREIGN-COUNTRY JUDGMENT.  (a)  If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition may be raised by filing an action seeking recognition of the foreign-country judgment.
(b)  If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.007. Effect of Recognition of Foreign-Country Judgment

Sec. 36A.007.  EFFECT OF RECOGNITION OF FOREIGN-COUNTRY JUDGMENT.  If the court in a proceeding under Section 36A.006 finds that the foreign-country judgment is entitled to recognition under this chapter, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1)  conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2)  enforceable in the same manner and to the same extent as a judgment rendered in this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.008. Stay of Proceedings Pending Appeal of Foreign-Country Judgment

Sec. 36A.008.  STAY OF PROCEEDINGS PENDING APPEAL OF FOREIGN-COUNTRY JUDGMENT.  If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until:
(1)  the appeal is concluded;
(2)  the time for appeal expires; or
(3)  the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.009. Statute of Limitations

Sec. 36A.009.  STATUTE OF LIMITATIONS.  An action to recognize a foreign-country judgment must be brought within the earlier of:
(1)  the time during which the foreign-country judgment is effective in the foreign country; or
(2)  15 years from the date that the foreign-country judgment became effective in the foreign country.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.010. Uniformity of Interpretation

Sec. 36A.010.  UNIFORMITY OF INTERPRETATION.  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. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 36A - Enforcement of Judgments of Other Countries › Section 36A.011. Saving Clause

Sec. 36A.011.  SAVING CLAUSE.  This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.001. Definition

Sec. 37.001.  DEFINITION.  In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.002. Short Title, Construction, Interpretation

Sec. 37.002.  SHORT TITLE, CONSTRUCTION, INTERPRETATION.  (a)  This chapter may be cited as the Uniform Declaratory Judgments Act.
(b)  This chapter is remedial;  its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations;  and it is to be liberally construed and administered.
(c)  This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.003. Power of Courts to Render Judgment; Form and Effect

Sec. 37.003.  POWER OF COURTS TO RENDER JUDGMENT;  FORM AND EFFECT.  (a)  A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.  An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.
(b)  The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree.
(c)  The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.004. Subject Matter of Relief

Sec. 37.004.  SUBJECT MATTER OF RELIEF.  (a)  A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
(b)  A contract may be construed either before or after there has been a breach.
(c)  Notwithstanding Section 22.001, Property Code, a person described by Subsection (a) may obtain a determination under this chapter when the sole issue concerning title to real property is the determination of the proper boundary line between adjoining properties.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 305 (H.B. 1787), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.005. Declarations Relating to Trust or Estate

Sec. 37.005.  DECLARATIONS RELATING TO TRUST OR ESTATE.  A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate:
(1)  to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2)  to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity;
(3)  to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings;  or
(4)  to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.08(a), eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 855, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.0055. Declarations Relating to Liability for Sales and Use Taxes of Another State

Sec. 37.0055.  DECLARATIONS RELATING TO LIABILITY FOR SALES AND USE TAXES OF ANOTHER STATE.  (a)  In this section, "state" includes any political subdivision of that state.
(b)  A district court has original jurisdiction of a proceeding seeking a declaratory judgment that involves:
(1)  a party seeking declaratory relief that is a business that is:
(A)  organized under the laws of this state or is otherwise owned by a resident of this state; or
(B)  a retailer registered with the comptroller under Section 151.106, Tax Code; and
(2)  a responding party that:
(A)  is an official of another state; and
(B)  asserts a claim that the party seeking declaratory relief is required to collect sales or use taxes for that state based on conduct of the business that occurs in whole or in part within this state.
(c)  A business described by Subsection (b)(1) is entitled to declaratory relief on the issue of whether the requirement of another state that the business collect and remit sales or use taxes to that state constitutes an undue burden on interstate commerce under Section 8, Article I, United States Constitution.
(d)  In determining whether to grant declaratory relief to a business under this section, a court shall consider:
(1)  the factual circumstances of the business's operations that give rise to the demand by the other state; and
(2)  the decisions of other courts interpreting Section 8, Article I, United States Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 699 (H.B. 2010), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.006. Parties

Sec. 37.006.  PARTIES.  (a)  When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties.  A declaration does not prejudice the rights of a person not a party to the proceeding.
(b)  In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.007. Jury Trial

Sec. 37.007.  JURY TRIAL.  If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.008. Court Refusal to Render

Sec. 37.008.  COURT REFUSAL TO RENDER.  The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy giving rise to the proceeding.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.009. Costs

Sec. 37.009.  COSTS.  In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.010. Review

Sec. 37.010.  REVIEW.  All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 37 - Declaratory Judgments › Section 37.011. Supplemental Relief

Sec. 37.011.  SUPPLEMENTAL RELIEF.  Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper.  The application must be by petition to a court having jurisdiction to grant the relief.  If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.001. Recovery of Attorney's Fees

Sec. 38.001.  RECOVERY OF ATTORNEY'S FEES.  (a)  In this section, "organization" has the meaning assigned by Section 1.002, Business Organizations Code.
(b)  A person may recover reasonable attorney's fees from an individual or organization other than a quasi-governmental entity authorized to perform a function by state law, a religious organization, a charitable organization, or a charitable trust, in addition to the amount of a valid claim and costs, if the claim is for:
(1)  rendered services;
(2)  performed labor;
(3)  furnished material;
(4)  freight or express overcharges;
(5)  lost or damaged freight or express;
(6)  killed or injured stock;
(7)  a sworn account; or
(8)  an oral or written contract.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 665 (H.B. 1578), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.0015. Recovery of Attorney's Fees as Compensatory Damages

Sec. 38.0015.  RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY DAMAGES.  (a)  A person may recover reasonable attorney's fees from an individual, corporation, or other entity from which recovery is permitted under Section 38.001 as compensatory damages for breach of a construction contract as defined by Section 130.001.
(b)  This section may not be construed to create or imply a private cause of action or independent basis to recover attorney's fees.
Added by Acts 2021, 87th Leg., R.S., Ch. 1015 (H.B. 2416), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.002. Procedure for Recovery of Attorney's Fees

Sec. 38.002.  PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES.  To recover attorney's fees under this chapter:
(1)  the claimant must be represented by an attorney;
(2)  the claimant must present the claim to the opposing party or to a duly authorized agent of the opposing party;  and
(3)  payment for the just amount owed must not have been tendered before the expiration of the 30th day after the claim is presented.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.003. Presumption

Sec. 38.003.  PRESUMPTION.  It is presumed that the usual and customary attorney's fees for a claim of the type described in Section 38.001 are reasonable.  The presumption may be rebutted.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.004. Judicial Notice

Sec. 38.004.  JUDICIAL NOTICE.  The court may take judicial notice of the usual and customary attorney's fees and of the contents of the case file without receiving further evidence in:
(1)  a proceeding before the court;  or
(2)  a jury case in which the amount of attorney's fees is submitted to the court by agreement.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.005. Liberal Construction

Sec. 38.005.  LIBERAL CONSTRUCTION.  This chapter shall be liberally construed to promote its underlying purposes.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 38 - Attorney's Fees › Section 38.006. Exceptions

Sec. 38.006.  EXCEPTIONS.  This chapter does not apply to a contract issued by an insurer that is subject to the provisions of:
(1)  Title 11, Insurance Code;
(2)  Chapter 541, Insurance Code;
(3)  the Unfair Claim Settlement Practices Act (Subchapter A, Chapter 542, Insurance Code); or
(4)  Subchapter B, Chapter 542, Insurance Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.105, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 39 - Default Judgments in Certain Cases Defended by Attorney General › Section 39.001. Notice of Intent to Take Default Judgment

Sec. 39.001.  NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT.  Notice of intent to take a default judgment against the state, a state agency, or a party in a civil case for which Chapter 104 authorizes representation by the attorney general shall be mailed to the attorney general at the attorney general's office in Austin, Texas, by United States Postal Service certified mail, return receipt requested, not later than the 10th day before the entry of the default judgment.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.09(a), eff. Sept. 1, 1987.