reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.031. Expedited Foreclosure Proceedings

Sec. 17.031.  EXPEDITED FORECLOSURE PROCEEDINGS.  For a power of sale exercised by the filing of an application for an expedited court order allowing the foreclosure of a contract lien under the Texas Rules of Civil Procedure 736, service of citation shall be completed in accordance with Rule 736 or 106, Texas Rules of Civil Procedure, or in any other manner provided for petitions under the Texas Rules of Civil Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1044 (H.B. 2978), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.032. Citation by Publication

Sec. 17.032.  CITATION BY PUBLICATION.  (a)  Notwithstanding any statute or rule requiring a person to publish citation or notice on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper of general circulation, the person may publish the citation or notice only on the public information Internet website if:
(1)  the person files a statement of inability to afford payment of court costs under the Texas Rules of Civil Procedure;
(2)  the total cost of the required publication exceeds the greater of $200 each week or the amount set by the supreme court under Subsection (b); or
(3)  the county in which the publication of the citation or notice is required does not have any newspaper published, printed, or generally circulated in the county.
(b)  The supreme court shall adjust for inflation the maximum amount of publication costs established in Subsection (a)(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.03, eff. June 1, 2020.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter B. Citation Generally › Section 17.033. Substituted Service Through Social Media Presence

Sec. 17.033.  SUBSTITUTED SERVICE THROUGH SOCIAL MEDIA PRESENCE.  (a)  If substituted service of citation is authorized under the Texas Rules of Civil Procedure, the court, in accordance with the rules adopted by the supreme court under Subsection (b), may prescribe as a method of service an electronic communication sent to the defendant through a social media presence.
(b)  The supreme court shall adopt rules to provide for the substituted service of citation by an electronic communication sent to a defendant through a social media presence.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.04(a), eff. June 1, 2020.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter C. Long-Arm Jurisdiction in Suit on Business Transaction or Tort › Section 17.041. Definition

Sec. 17.041.  DEFINITION.  In this subchapter, "nonresident" includes:
(1)  an individual who is not a resident of this state;  and
(2)  a foreign corporation, joint-stock company, association, or partnership.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter C. Long-Arm Jurisdiction in Suit on Business Transaction or Tort › Section 17.042. Acts Constituting Business in This State

Sec. 17.042.  ACTS CONSTITUTING BUSINESS IN THIS STATE.  In addition to other acts that may constitute doing business, a nonresident does business in this state if the nonresident:
(1)  contracts by mail or otherwise with a Texas resident and either party is to perform the contract in whole or in part in this state;
(2)  commits a tort in whole or in part in this state;  or
(3)  recruits Texas residents, directly or through an intermediary located in this state, for employment inside or outside 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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter C. Long-Arm Jurisdiction in Suit on Business Transaction or Tort › Section 17.043. Service on Person in Charge of Business

Sec. 17.043.  SERVICE ON PERSON IN CHARGE OF BUSINESS.  In an action arising from a nonresident's business in this state, process may be served on the person in charge, at the time of service, of any business in which the nonresident is engaged in this state if the nonresident is not required by statute to designate or maintain a resident agent for service of process.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter C. Long-Arm Jurisdiction in Suit on Business Transaction or Tort › Section 17.044. Substituted Service on Secretary of State

Sec. 17.044.  SUBSTITUTED SERVICE ON SECRETARY OF STATE.  (a)  The secretary of state is an agent for service of process or complaint on a nonresident who:
(1)  is required by statute to designate or maintain a resident agent or engages in business in this state, but has not designated or maintained a resident agent for service of process;
(2)  has one or more resident agents for service of process, but two unsuccessful attempts have been made on different business days to serve each agent;  or
(3)  is not required to designate an agent for service in this state, but becomes a nonresident after a cause of action arises in this state but before the cause is matured by suit in a court of competent jurisdiction.
(b)  The secretary of state is an agent for service of process on a nonresident who engages in business in this state, but does not maintain a regular place of business in this state or a designated agent for service of process, in any proceeding that arises out of the business done in this state and to which the nonresident is a party.
(c)  After the death of a nonresident for whom the secretary of state is an agent for service of process under this section, the secretary of state is an agent for service of process on a nonresident administrator, executor, or personal representative of the nonresident.  If an administrator, executor, or personal representative for the estate of the deceased nonresident is not appointed, the secretary of state is an agent for service of process on an heir, as determined by the law of the foreign jurisdiction, of the deceased nonresident.
(d)  If a nonresident for whom the secretary of state is an agent for service of process under this section is judged incompetent by a court of competent jurisdiction, the secretary of state is an agent for service of process on a guardian or personal representative of the nonresident.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 158, Sec. 1, eff. May 25, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter C. Long-Arm Jurisdiction in Suit on Business Transaction or Tort › Section 17.045. Notice to Nonresident

Sec. 17.045.  NOTICE TO NONRESIDENT.  (a)  If the secretary of state is served with duplicate copies of process for a nonresident, the documents shall contain a statement of the name and address of the nonresident's home or home office and the secretary of state shall immediately mail a copy of the process to the nonresident at the address provided.
(b)  If the secretary of state is served with process under Section 17.044(a)(3), he shall immediately mail a copy of the process to the nonresident (if an individual), to the person in charge of the nonresident's business, or to a corporate officer (if the nonresident is a corporation).
(c)  If the person in charge of a nonresident's business is served with process under Section 17.043, a copy of the process and notice of the service must be immediately mailed to the nonresident or the nonresident's principal place of business.
(d)  The process or notice must be sent by registered mail or by certified mail, return receipt requested.
(e)  If the secretary of state is served with duplicate copies of process as an agent for a person who is a nonresident administrator, executor, heir, guardian, or personal representative of a nonresident, the secretary shall require a statement of the person's name and address and shall immediately mail a copy of the process to the person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 158, Sec. 2, eff. May 25, 1987;  Acts 2001, 77th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.061. Definitions

Sec. 17.061.  DEFINITIONS.  In this subchapter:
(1)  "Agent" includes a servant, employee, heir, legal representative, executor, administrator, or guardian.
(2)  "Chairman" means the chairman of the Texas Transportation Commission.
(3)  "Motor vehicle" includes a motorcycle.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(23), eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.062. Substituted Service on Chairman of Texas Transportation Commission

Sec. 17.062.  SUBSTITUTED SERVICE ON CHAIRMAN OF TEXAS TRANSPORTATION COMMISSION.  (a)  The chairman of the Texas Transportation Commission is an agent for service of process on a person who is a nonresident or an agent of a nonresident in any suit against the person or agent that grows out of a collision in which the person or the person's agent is involved while operating a motor vehicle in this state.
(b)  Process may be served on the chairman in accordance with this section for a nonresident who was a resident at the time the cause of action accrued but has subsequently moved from the state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(24), eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 112, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.063. Method of Service; Notice to Nonresident

Sec. 17.063.  METHOD OF SERVICE;  NOTICE TO NONRESIDENT.  (a)  A certified copy of the process must be served on the chairman not later than the 20th day prior to the date of return stated in the process.
(b)  Immediately after being served, the chairman by properly addressed letter shall mail to the nonresident or agent:
(1)  a copy of the process;  and
(2)  notice that the process has been served on the chairman.
(c)  The notice and copy of the process must be sent to the nonresident or agent by registered mail, or by certified mail, return receipt requested, with the postage prepaid.
(d)  After the chairman deposits the copy of the process in the mail, it is presumed that the process was transmitted by the chairman and received by the nonresident or agent.  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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.064. Same Effect as Personal Service

Sec. 17.064.  SAME EFFECT AS PERSONAL SERVICE.  Service on the chairman has the same effect as personal service on the nonresident.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.065. Failed Substituted Service

Sec. 17.065.  FAILED SUBSTITUTED SERVICE.  (a)  If the notice of service on the chairman cannot be effected by registered or certified mail or if the nonresident or agent refuses to accept delivery of the notice, the plaintiff may have the defendant personally served with a certified copy of the process and a notice stating that the chairman has been served and the date on which he was served.
(b)  The return of service under this section must:
(1)  state when it was served;
(2)  state on whom it was served; and
(3)  be signed under penalty of perjury by the party making the service.
(c)  The process and notice may be served by any disinterested person competent to make an oath that the process and notice were served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 245 (H.B. 962), Sec. 2, eff. January 1, 2012.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.066. Return

Sec. 17.066.  RETURN.  An officer who serves process on the chairman under this subchapter shall state on his return the day and hour of service and any other facts required generally for returns of service of citation.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.067. Default Judgment

Sec. 17.067.  DEFAULT JUDGMENT.  If process is served on the chairman under this subchapter, a court may not grant default judgment against the defendant before the 21st day after the day on which the chairman was served.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.068. Continuance or Postponement

Sec. 17.068.  CONTINUANCE OR POSTPONEMENT.  A court may continue or postpone an action in which process is served under this subchapter as necessary to afford the defendant reasonable opportunity to defend.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator › Section 17.069. Chairman's Certificate

Sec. 17.069.  CHAIRMAN'S CERTIFICATE.  (a)  On request of any party and payment of a $25 fee, the chairman shall certify the occurrence or performance of any duty, act, omission, transaction, or happening contemplated or required by this subchapter, including the wording of any registered letter received.
(b)  The chairman may make the certification to the court that issued the process or to another court in which an action is pending against the nonresident or agent.
(c)  The chairman's certificate and the certified wording of a registered letter are prima facie evidence of the statements contained in the certificate or letter.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter E. Citation of Nonresidents--Miscellaneous Provisions › Section 17.091. Substituted Service in Delinquent Tax Cases

Sec. 17.091.  SUBSTITUTED SERVICE IN DELINQUENT TAX CASES.  (a)  In a suit to collect delinquent property taxes by the state or a political subdivision of the state in which a defendant in the suit is a nonresident, the secretary of state is an agent for service of process on that defendant if the defendant owns, has, or claims an interest in or a lien against property in this state that is the subject of the suit.  This section applies regardless of whether the defendant has resided in this state.
(b)  Duplicate copies of the process issued by the clerk of the court in which the suit is pending must be served on the secretary of state not later than the 20th day before the date of return stated in the process.  The process must include the name and address of the nonresident's home or home office.  The address may be a post office box.
(c)  Immediately after being served, the secretary of state shall mail a copy of the process to the nonresident at the address provided under Subsection (b) by certified mail, return receipt requested, with the postage prepaid.  The secretary of state shall certify to the court that issued the process that the secretary of state has complied with this section.
(d)  Service under this section is in addition to procedures provided by Rule 117a of the Texas Rules of Civil Procedure and has the same effect as personal service.
(e)  Service of process on the secretary of state under this section must be accompanied by the fee provided by Section 405.031(a), Government Code, for the maintenance by the secretary of state of a record of the service of process.
(f)  In this section, "nonresident" includes:
(1)  an individual who is not a resident of this state; and
(2)  a foreign corporation, foreign unincorporated association, foreign general partnership, foreign limited partnership, foreign limited liability company, foreign professional association, foreign business trust, foreign cooperative, or foreign real estate investment trust that is not required to appoint a registered agent for service of process in this state under the provisions of the Business Organizations Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 384, Sec. 14, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 2nd C.S., ch. 6, Sec. 60, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 579, Sec. 1, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 948, Sec. 5, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1430, Sec. 34, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491), Sec. 28, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 182 (H.B. 1804), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 7 (S.B. 582), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter E. Citation of Nonresidents--Miscellaneous Provisions › Section 17.092. Service on Nonresident Utility Supplier

Sec. 17.092.  SERVICE ON NONRESIDENT UTILITY SUPPLIER.  A nonresident individual or partnership that supplies gas, water, electricity, or other public utility service to a city, town, or village in this state may be served citation by serving the local agent, representative, superintendent, or person in charge of the nonresident's business.
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 B - Trial Matters › Chapter 17 - Parties; Citation; Long-Arm Jurisdiction › Subchapter E. Citation of Nonresidents--Miscellaneous Provisions › Section 17.093. Service on Foreign Railway

Sec. 17.093.  SERVICE ON FOREIGN RAILWAY.  In addition to other methods of service provided by law, process may be served on a foreign railway by serving:
(1)  a train conductor who:
(A)  handles trains for two or more railway corporations, at least one of which is the foreign corporation and at least one of which is a domestic corporation;  and
(B)  handles trains for the railway corporations over tracks that cross the state's boundary and on tracks of a domestic corporation within this state;  or
(2)  an agent who:
(A)  has an office in this state;  and
(B)  sells tickets or makes contracts for the transportation of passengers or property over all or part of the line of the foreign railway.
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 B - Trial Matters › Chapter 18 - Evidence › Subchapter B. Presumptions › Section 18.031. Foreign Interest Rate

Sec. 18.031.  FOREIGN INTEREST RATE.  Unless the interest rate of another state or country is alleged and proved, the rate is presumed to be the same as that established by law in this state and interest at that rate may be recovered without allegation or proof.
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 B - Trial Matters › Chapter 18 - Evidence › Subchapter B. Presumptions › Section 18.032. Traffic Control Device Presumed to Be Lawful

Sec. 18.032.  TRAFFIC CONTROL DEVICE PRESUMED TO BE LAWFUL.  (a)  In a civil case, proof of the existence of a traffic control device on or alongside a public thoroughfare by a party is prima facie proof of all facts necessary to prove the proper and lawful installation of the device at that place, including proof of competent authority and an ordinance by a municipality or order by the commissioners court of a county.
(b)  Proof of the existence of a one-way street sign is prima facie proof that the public thoroughfare on or alongside which the sign is placed was designated by proper and competent authority to be a one-way thoroughfare allowing traffic to go only in the direction indicated by the sign.
(c)  In this section, "traffic control device" includes a control light, stop sign, and one-way street sign.
(d)  Any party may rebut the prima facie proof established under this section.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 18 - Evidence › Subchapter B. Presumptions › Section 18.033. State Land Records

Sec. 18.033.  STATE LAND RECORDS.  (a)  In a dispute between the State of Texas and an upland owner of property fronting on the Gulf of Mexico and the arms of the Gulf of Mexico within the boundaries of the State of Texas, the maps, surveys, and property descriptions filed in the General Land Office in connection with any conveyance by the state or any predecessor government by patent, deed, lease, or other authorized forms of grant shall be presumed to accurately depict the boundary between adjacent upland owners and the state-owned submerged lands.
(b)  This presumption applies only to those surveys conducted by a surveyor duly appointed, elected, or licensed, and qualified.
(c)  This presumption may be overcome only on a showing of clear and convincing evidence that the boundary as described and depicted in the archives of the General Land Office is erroneous.
Added by Acts 2003, 78th Leg., ch. 148, Sec. 1, eff. September 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 18 - Evidence › Subchapter C. Admissibility › Section 18.061. Communications of Sympathy

Sec. 18.061.  COMMUNICATIONS OF SYMPATHY.  (a)  A court in a civil action may not admit a communication that:
(1)  expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident;
(2)  is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code;  and
(3)  is offered to prove liability of the communicator in relation to the individual.
(b)  In this section, "communication" means:
(1)  a statement;
(2)  a writing;  or
(3)  a gesture that conveys a sense of compassion or commiseration emanating from humane impulses.
(c)  Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator.
Added by Acts 1999, 76th Leg., ch. 673, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 18 - Evidence › Subchapter C. Admissibility › Section 18.062. Certain Information Relating to Identity Theft

Sec. 18.062.  CERTAIN INFORMATION RELATING TO IDENTITY THEFT.  (a)  Except as provided by Subsection (b), a business record is not admissible in a civil action if the business record is provided to law enforcement personnel in connection with an investigation of an alleged violation of Section 32.51, Penal Code (fraudulent use or possession of identifying information).
(b)  A business record described by Subsection (a) is admissible if the party offering the record has obtained the record from a source other than law enforcement personnel.
Added by Acts 2005, 79th Leg., Ch. 1059 (H.B. 1379), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 18 - Evidence › Subchapter D. Certain Losses › Section 18.091. Proof of Certain Losses; Jury Instruction

Sec. 18.091.  PROOF OF CERTAIN LOSSES;  JURY INSTRUCTION.  (a)  Notwithstanding any other law, if any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, evidence to prove the loss must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law.
(b)  If any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, the court shall instruct the jury as to whether any recovery for compensatory damages sought by the claimant is subject to federal or state income taxes.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 13.09, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 19 - Lost Records › Section 19.001. Application of Chapter

Sec. 19.001.  APPLICATION OF CHAPTER.  This chapter applies to:
(1)  a deed, bond, bill of sale, mortgage, deed of trust, power of attorney, or conveyance that is required or permitted by law to be acknowledged or recorded and that has been acknowledged or recorded;  or
(2)  a judgment, order, or decree of a court of record 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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.002. Parol Proof

Sec. 19.002.  PAROL PROOF.  A person may supply a lost, destroyed, or removed record by parol proof of the record's contents as provided by 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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.003. Application for Relief

Sec. 19.003.  APPLICATION FOR RELIEF.  (a)  To supply a record that has been lost, destroyed, or removed:
(1)  a person interested in an instrument or in a judgment, order, or decree of the district court may file an application with the district clerk of the county in which the record was lost or destroyed or from which the record was removed;  or
(2)  a person interested in a judgment, order, or decree of a county court may file an application with the clerk of the court to which the record belonged.
(b)  The application must be in writing and must set forth the facts that entitle the applicant to relief.
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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.004. Citation

Sec. 19.004.  CITATION.  (a)  If an application is filed to supply a record, the clerk shall issue a citation to the following, as applicable, or to the person's heirs or legal representatives:
(1)  each grantor of property, in the case of a record of a deed;
(2)  an interested party, in the case of an instrument other than a deed;  or
(3)  a party adversely interested to the applicant at the time of the rendition, in the case of a judgment, order, or decree.
(b)  The citation must direct the person to whom it is issued to appear at a designated term of the court to contest the applicant's right to record a substitute.
(c)  Process must be served in the manner provided by law for civil cases.
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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.005. Order

Sec. 19.005.  ORDER.  (a)  On hearing an application to supply a record, if the court is satisfied from the evidence of the previous existence and content of the record and of its loss, destruction, or removal, the court shall enter on its minutes an order containing its findings and a description of the record and its contents.
(b)  A certified copy of the order may be recorded in the proper county.
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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.006. Effect of Order

Sec. 19.006.  EFFECT OF ORDER.  The order supplying the record:
(1)  stands in the place of the original record;
(2)  has the same effect as the original record;
(3)  if recorded, may be used as evidence in a court of the state as though it were the original record;  and
(4)  carries the same rights as the original record, including:
(A)  preserving liens from the date of the original record;  and
(B)  giving parties the right to issue execution under the order as under the original record.
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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.007. Method Not Exclusive

Sec. 19.007.  METHOD NOT EXCLUSIVE.  The method provided by this chapter for supplying a record is in addition to other methods provided by law.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 19 - Lost Records › Section 19.008. Rerecordation of Original Document

Sec. 19.008.  RERECORDATION OF ORIGINAL DOCUMENT.  Rerecordation of the original document within four years after the date a record of an instrument, judgment, order, or decree was lost, destroyed, or removed is effective from the time of the original recordation.
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 B - Trial Matters › Chapter 19 - Lost Records › Section 19.009. Certified Copy

Sec. 19.009.  CERTIFIED COPY.  If the loss, destruction, or removal of an original county record is established, a certified copy of the record from the records of that county or from the records of the county from which that county was created may be recorded in the county.
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 B - Trial Matters › Chapter 20 - Depositions › Section 20.001. Persons Who May Take a Deposition on Written Questions

Sec. 20.001.  PERSONS WHO MAY TAKE A DEPOSITION ON WRITTEN QUESTIONS.  (a)  A deposition on written questions of a witness who is alleged to reside or to be in this state may be taken by:
(1)  a clerk of a district court;
(2)  a judge or clerk of a county court;  or
(3)  a notary public of this state.
(b)  A deposition on written questions of a witness who is alleged to reside or to be outside this state, but inside the United States, may be taken in another state by:
(1)  a clerk of a court of record having a seal;
(2)  a commissioner of deeds appointed under the laws of this state; or
(3)  any notary public.
(c)  A deposition on written questions of a witness who is alleged to reside or to be outside the United States may be taken by:
(1)  a minister, commissioner, or charge d'affaires of the United States who is a resident of and is accredited in the country where the deposition is taken;
(2)  a consul general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who is a resident of the country where the deposition is taken; or
(3)  any notary public.
(d)  A deposition on written questions of a witness who is alleged to be a member of the United States Armed Forces or of a United States Armed Forces Auxiliary or who is alleged to be a civilian employed by or accompanying the armed forces or an auxiliary outside the United States may be taken by a commissioned officer in the United States Armed Forces or United States Armed Forces Auxiliary or by a commissioned officer in the United States Armed Forces Reserve or an auxiliary of it.  If a deposition on written questions appears on its face to have been taken as provided by this subsection and the deposition or any part of it is offered in evidence, it is presumed, absent pleading and proof to the contrary, that the person taking the deposition as a commissioned officer was a commissioned officer on the date that the deposition was taken, and that the deponent was a member of the authorized group of military personnel or civilians.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 1037, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 10.001, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 10.002, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 20 - Depositions › Section 20.002. Testimony Required by Foreign Jurisdiction

Text of section effective until September 01, 2025
Sec. 20.002.  TESTIMONY REQUIRED BY FOREIGN JURISDICTION.  If a court of record in any other state or foreign jurisdiction issues a mandate, writ, or commission that requires a witness's testimony in this state, either to written questions or by oral deposition, the witness may be compelled to appear and testify in the same manner and by the same process used for taking testimony in a proceeding pending in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 616 (H.B. 3929), Sec. 2(a), eff. September 1, 2025.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.001. Definition

Sec. 21.001.  DEFINITION.  In this subchapter, "deaf person" means an individual who has a hearing impairment, regardless of whether the person also has a speech impairment, that inhibits the person's comprehension of proceedings or communication with others.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.002. Interpreters for Deaf Persons

Sec. 21.002.  INTERPRETERS FOR DEAF PERSONS.  (a)  In a civil case or in a deposition, a deaf person who is a party or witness is entitled to have the proceedings interpreted by a court-appointed interpreter.  A deaf person who is a juror in any case is entitled to have the proceedings interpreted by a court-appointed interpreter.
(b)  The proceedings must be interpreted in a language, including sign language, that the deaf person can understand.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 550, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.003. Qualifications

Sec. 21.003.  QUALIFICATIONS.  The interpreter must hold a current legal certificate issued by the National Registry of Interpreters for the Deaf or a current court interpreter certificate issued by the Board for Evaluation of Interpreters in the Department of Assistive and Rehabilitative Services.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 434, Sec. 2, eff. June 17, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 614 (H.B. 2200), Sec. 10, eff. September 1, 2006.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.004. Interpreter's Position in Court

Sec. 21.004.  INTERPRETER'S POSITION IN COURT.  If a court is required to appoint an interpreter under this subchapter, the court may not start proceedings until the appointed interpreter is in court in a position not more than 10 feet from and in full view of the deaf person.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.005. Oath

Sec. 21.005.  OATH.  (a)  The interpreter shall take an oath that the interpreter will:
(1)  make a true interpretation to the deaf person of all the case proceedings in a language that the deaf person understands;  and
(2)  repeat the deaf person's answers to questions to counsel, court, or jury in the English language, using the interpreter's best skill and judgment.
(b)  An interpreter appointed for a juror shall also take an oath that the interpreter will not:
(1)  participate in any manner in the deliberations of the jury;
(2)  communicate with any member of the jury regarding the deliberation of the jury except a literal translation of a juror's remarks made during deliberations;  or
(3)  disclose any of the deliberations with any person following a verdict.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 550, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.006. Fees and Travel Expenses

Sec. 21.006.  FEES AND TRAVEL EXPENSES.  (a)  The interpreter shall be paid a reasonable fee determined by the court after considering the recommended fees of the Texas Commission for the Deaf and Hard of Hearing.
(b)  If the interpreter is required to travel, the interpreter's actual expenses of travel, lodging, and meals relating to the case shall be paid at the same rate provided for state employees.
(c)  The interpreter's fee and expenses shall be paid from the general fund of the county in which the case was brought.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 3, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 835, Sec. 13, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.007. Recording of Testimony

Sec. 21.007.  RECORDING OF TESTIMONY.  (a)  On the court's motion or a party's motion, the court may order a video recording of a deaf witness's testimony and the interpreter's interpretation of that testimony to use in verifying the transcription of the reporter's notes.
(b)  If a party requests, the clerk of the court shall include the recording in the appellate record.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.008. Privilege of Interpreter for the Deaf

Sec. 21.008.  PRIVILEGE OF INTERPRETER FOR THE DEAF.  If a deaf person communicates through an interpreter to a person under circumstances in which the communication would be privileged and the deaf person could not be required to testify about the communication, the privilege applies to the interpreter as well.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter A. Interpreters for the Deaf › Section 21.009. Jury Deliberations; Verdict

Sec. 21.009.  JURY DELIBERATIONS;  VERDICT.  (a)  The interpreter appointed for a juror may be present and assist the juror during the jury deliberation.
(b)  The presence of the interpreter during jury deliberations does not affect the validity of a verdict.
Added by Acts 1987, 70th Leg., ch. 550, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 21 - Interpreters › Subchapter B. Spanish Language Interpreters in Certain Border Counties › Section 21.021. Application

Sec. 21.021.  APPLICATION.  This subchapter applies to a county that:
(1)  is part of two or more judicial districts, that has two or more district courts with regular terms, and that is part of a district in which a county borders on the international boundary of the United States and the Republic of Mexico;
(2)  borders on the international boundary of the United States and the Republic of Mexico and that is in a judicial district composed of four counties;
(3)  borders on the international boundary of the United States and the Republic of Mexico and that has three or more district courts or judicial districts wholly within the county;  or
(4)  borders on the Gulf of Mexico and that has four or more district courts or judicial districts of which two or more courts or districts are wholly within the county.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter B. Spanish Language Interpreters in Certain Border Counties › Section 21.022. Appointment

Sec. 21.022.  APPOINTMENT.  (a)  On the request of a district judge who has made a determination of need, the commissioners court of the county shall appoint court interpreters on a full-time or part-time basis as necessary to carry out court functions.
(b)  The commissioners court shall appoint the court interpreter designated by the district judge requesting the appointment.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter B. Spanish Language Interpreters in Certain Border Counties › Section 21.023. Interpreter's Qualifications

Sec. 21.023.  INTERPRETER'S QUALIFICATIONS.  The court interpreter must be well versed in and competent to speak the Spanish and English languages.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter C. Interpreters for County Courts at Law › Section 21.031. Appointment; Termination of Employment; Duties

Sec. 21.031.  APPOINTMENT;  TERMINATION OF EMPLOYMENT;  DUTIES.  (a)  The judge of a county court at law may appoint an official interpreter for that court and may terminate that interpreter's employment at any time.
(b)  The commissioners court shall prescribe the duties of the official interpreter.
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 B - Trial Matters › Chapter 21 - Interpreters › Subchapter C. Interpreters for County Courts at Law › Section 21.032. Oath

Sec. 21.032.  OATH.  The official interpreter appointed under this subchapter must take the constitutional oath of office and an oath that the interpreter will faithfully interpret all testimony given in court.  An oath covers the interpreter's service in all court cases during the interpreter's term of office.
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 B - Trial Matters › Chapter 22 - Witnesses › Subchapter A. Witnesses › Section 22.001. Witness Fees

Sec. 22.001.  WITNESS FEES.  (a)  Except as provided by Section 22.003, a witness is entitled to 10 dollars for each day the witness attends court. This fee includes the entitlement for travel and the witness is not entitled to any reimbursement for mileage traveled.
(b)  The party who summons the witness shall pay that witness's fee for one day, as provided by this section, at the time the subpoena is served on the witness.
(c)  The witness fee must be taxed in the bill of costs as other costs.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 103, Sec. 1, eff. Jan. 1, 1994;  Acts 1993, 73rd Leg., ch. 449, Sec. 16, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 4.001, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle B - Trial Matters › Chapter 22 - Witnesses › Subchapter A. Witnesses › Section 22.002. Distance for Subpoenas

Sec. 22.002.  DISTANCE FOR SUBPOENAS.  A witness who is represented to reside 150 miles or less from a county in which a suit is pending or who may be found within that distance at the time of trial on the suit may be subpoenaed in the suit.
Added by Acts 1993, 73rd Leg., ch. 103, Sec. 1, eff. Jan. 1, 1994.