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- Texas Civil Practice & Remedies Code Section 1.001 - Purpose Of Code
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Civil Practice & Remedies Code Section 1.002 - Construction Of Code
The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this ...
- Texas Civil Practice & Remedies Code Section 1.003 - Internal References
In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of ...
- Texas Civil Practice & Remedies Code Section 5.001 - Rule Of Decision
The rule of decision in this state consists of those portions of the common law of England that are not inconsistent with the constitution or ...
- Texas Civil Practice & Remedies Code Section 6.001 - State And Federal Agencies Exempt From Bond For Court Costs Or Appeal
(a) A governmental entity or officer listed in Subsection (b) may not be required to file a bond for court costs incident to a suit ...
- Texas Civil Practice & Remedies Code Section 6.002 - Cities Exempt From Security For Court Costs
(a) Security for costs may not be required of an incorporated city or town of this state in an action, suit, or proceeding. (b) A ...
- Texas Civil Practice & Remedies Code Section 6.003 - Water Districts Exempt From Appeal Bond
(a) A governmental entity listed in Subsection (b) may not be required to give bond on an appeal or writ of error taken in a ...
- Texas Civil Practice & Remedies Code Section 7.001 - Liability For Refusal Or Neglect In Performance Of Official Duties
(a) A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under Title 42, Revised Statutes, or under a provision ...
- Texas Civil Practice & Remedies Code Section 7.002 - Liability For Deposits Pending Suit
(a) An officer who has custody of a sum of money, a debt, an instrument, or other property paid to or deposited with a court ...
- Texas Civil Practice & Remedies Code Section 7.003 - Liability Regarding Execution Of Writs
(a) Except as provided by Section 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court ...
- Texas Civil Practice & Remedies Code Section 7.011 - Attorney's Liability For Costs
An attorney who is not a party to a civil proceeding is not liable for payment of costs incurred by a party to the proceeding. ...
- Texas Civil Practice & Remedies Code Section 7.021 - Suit On Official Bonds
Suit may be brought in the name of this state alone on an official bond for the benefit of all the parties entitled to recover ...
- Texas Civil Practice & Remedies Code Section 8.01 - State Exemption
The state is exempt from the payment of the filing fee imposed by Section 51.701, Government Code. Added by Acts 1989, 71st Leg., ch. 2, ...
- Texas Civil Practice & Remedies Code Section 8.02 - Fee Paid By Opposing Party
If the state prevails in a lawsuit, the opposing party shall pay the entire amount of any filing fee attributable to the state, including any ...
- Texas Civil Practice & Remedies Code Section 9.001 - Definitions
In this chapter: (1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, or intervenor, seeking recovery of damages. In an action in ...
- Texas Civil Practice & Remedies Code Section 9.002 - Applicability
(a) This chapter applies to an action in which a claimant seeks: (1) damages for personal injury, property damage, or death, regardless of the legal ...
- Texas Civil Practice & Remedies Code Section 9.003 - Texas Rules Of Civil Procedure
This chapter does not alter the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure. Added by Acts 1987, 70th Leg., 1st ...
- Texas Civil Practice & Remedies Code Section 9.004 - Applicability
This chapter does not apply to the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or to Chapter 21, Insurance ...
- Texas Civil Practice & Remedies Code Section 9.011 - Signing Of Pleadings
The signing of a pleading as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best ...
- Texas Civil Practice & Remedies Code Section 9.012 - Violation; Sanction
(a) At the trial of the action or at any hearing inquiring into the facts and law of the action, after reasonable notice to the ...
- Texas Civil Practice & Remedies Code Section 9.013 - Report To Grievance Committee
(a) If the court imposes a sanction against an offending party under Section 9.012, the offending party is represented by an attorney who signed the ...
- Texas Civil Practice & Remedies Code Section 9.014 - Pleadings Not Frivolous
(a) A general denial does not constitute a violation of any of the standards prescribed by Section 9.011. (b) The amount requested for damages in ...
- Texas Civil Practice & Remedies Code Section 10.001 - Signing Of Pleadings And Motions
The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the ...
- Texas Civil Practice & Remedies Code Section 10.002 - Motion For Sanctions
(a) A party may make a motion for sanctions, describing the specific conduct violating Section 10.001. (b) The court on its own initiative may enter ...
- Texas Civil Practice & Remedies Code Section 10.003 - Notice And Opportunity To Respond
The court shall provide a party who is the subject of a motion for sanctions under Section 10.002 notice of the allegations and a reasonable ...
- Texas Civil Practice & Remedies Code Section 10.004 - Violation; Sanction
(a) A court that determines that a person has signed a pleading or motion in violation of Section 10.001 may impose a sanction on the ...
- Texas Civil Practice & Remedies Code Section 10.005 - Order
A court shall describe in an order imposing a sanction under this chapter the conduct the court has determined violated Section 10.001 and explain the ...
- Texas Civil Practice & Remedies Code Section 10.006 - Conflict
Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this chapter. Added by Acts 1995, 74th Leg., ...
- Texas Civil Practice & Remedies Code Section 11.001 - Definitions
In this chapter: (1) "Defendant" means a person or governmental entity against whom a plaintiff commences or maintains or seeks to commence or maintain a ...
- Texas Civil Practice & Remedies Code Section 11.051 - Motion For Order Determining Plaintiff A Vexatious Litigant And Requesting Security
In a litigation in this state, the defendant may, on or before the 90th day after the date the defendant files the original answer or ...
- Texas Civil Practice & Remedies Code Section 11.052 - Stay Of Proceedings On Filing Of Motion
(a) On the filing of a motion under Section 11.051, the litigation is stayed and the moving defendant is not required to plead: (1) if ...
- Texas Civil Practice & Remedies Code Section 11.053 - Hearing
(a) On receipt of a motion under Section 11.051, the court shall, after notice to all parties, conduct a hearing to determine whether to grant ...
- Texas Civil Practice & Remedies Code Section 11.054 - Criteria For Finding Plaintiff A Vexatious Litigant
A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail ...
- Texas Civil Practice & Remedies Code Section 11.055 - Security
(a) A court shall order the plaintiff to furnish security for the benefit of the moving defendant if the court, after hearing the evidence on ...
- Texas Civil Practice & Remedies Code Section 11.056 - Dismissal For Failure To Furnish Security
The court shall dismiss a litigation as to a moving defendant if a plaintiff ordered to furnish security does not furnish the security within the ...
- Texas Civil Practice & Remedies Code Section 11.057 - Dismissal On The Merits
If the litigation is dismissed on its merits, the moving defendant has recourse to the security furnished by the plaintiff in an amount determined by ...
- Texas Civil Practice & Remedies Code Section 11.101 - Prefiling Order; Contempt
(a) A court may, on its own motion or the motion of any party, enter an order prohibiting a person from filing, in propria persona, ...
- Texas Civil Practice & Remedies Code Section 11.102 - Permission By Local Administrative Judge
(a) A local administrative judge may grant permission to a person found to be a vexatious litigant under Section 11.101 to file a litigation only ...
- Texas Civil Practice & Remedies Code Section 11.103 - Duties Of Clerk; Mistaken Filing
(a) A clerk of a court may not file a litigation presented by a vexatious litigant subject to a prefiling order under Section 11.101 unless ...
- Texas Civil Practice & Remedies Code Section 11.104 - Notice To Office Of Court Administration; Dissemination Of List
(a) A clerk of a court shall provide the Office of Court Administration of the Texas Judicial System a copy of any prefiling order issued ...
- Texas Civil Practice & Remedies Code Section 12.001 - Definitions
In this chapter: (1) "Court record" has the meaning assigned by Section 37.01, Penal Code. (2) "Exemplary damages" has the meaning assigned by Section 41.001. ...
- Texas Civil Practice & Remedies Code Section 12.002 - Liability
(a) A person may not make, present, or use a document or other record with: (1) knowledge that the document or other record is a ...
- Texas Civil Practice & Remedies Code Section 12.003 - Cause Of Action
(a) The following persons may bring an action to enjoin violation of this chapter or to recover damages under this chapter: (1) the attorney general; ...
- Texas Civil Practice & Remedies Code Section 12.004 - Venue
An action under this chapter may be brought in any district court in the county in which the recorded document is recorded or in which ...
- Texas Civil Practice & Remedies Code Section 12.005 - Filing Fees
(a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in ...
- Texas Civil Practice & Remedies Code Section 12.006 - Plaintiff's Costs
(a) The court shall award the plaintiff the costs of bringing the action if: (1) the plaintiff prevails; and (2) the court finds that the ...
- Texas Civil Practice & Remedies Code Section 12.007 - Effect On Other Law
This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record. Added ...
- Texas Civil Practice & Remedies Code Section 13.001 - Dismissal Of Action
(a) A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the ...
- Texas Civil Practice & Remedies Code Section 13.002 - Judgment
Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of ...
- Texas Civil Practice & Remedies Code Section 13.003 - Free Transcript Of Statement Of Facts On Appeal
(a) Subject to Subsection (c), a court reporter shall provide without cost a statement of facts and a clerk of a court shall prepare a ...
- Texas Civil Practice & Remedies Code Section 13.004 - Inapplicability To Certain Claims
This chapter does not apply to a claim governed by Chapter 14. Added by Acts 1995, 74th Leg., ch. 378, § 3, eff. June 8, ...
- Texas Civil Practice & Remedies Code Section 14.001 - Definitions
In this chapter: (1) "Claim" means a cause of action governed by this chapter. (2) "Department" means the Texas Department of Criminal Justice. (3) "Inmate" ...
- Texas Civil Practice & Remedies Code Section 14.002 - Scope Of Chapter
(a) This chapter applies only to a suit brought by an inmate in a district, county, justice of the peace, or small claims court in ...
- Texas Civil Practice & Remedies Code Section 14.003 - Dismissal Of Claim
(a) A court may dismiss a claim, either before or after service of process, if the court finds that: (1) the allegation of poverty in ...
- Texas Civil Practice & Remedies Code Section 14.004 - Affidavit Relating To Previous Filings
(a) An inmate who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration: (1) identifying each ...
- Texas Civil Practice & Remedies Code Section 14.005 - Grievance System Decision; Exhaustion Of Administrative Remedies
(a) An inmate who files a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court: ...
- Texas Civil Practice & Remedies Code Section 14.006 - Court Fees, Court Costs, Other Costs
(a) A court may order an inmate who has filed a claim to pay court fees, court costs, and other costs in accordance with this ...
- Texas Civil Practice & Remedies Code Section 14.007 - Other Costs
(a) An order of a court under Section 14.006(a) shall include the costs described by Subsection (b) if the court finds that: (1) the inmate ...
- Texas Civil Practice & Remedies Code Section 14.008 - Hearing
(a) The court may hold a hearing under this chapter at a jail or a facility operated by or under contract with the department or ...
- Texas Civil Practice & Remedies Code Section 14.009 - Submission Of Evidence
(a) The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a ...
- Texas Civil Practice & Remedies Code Section 14.010 - Dismissal Of Claim
(a) The court may enter an order dismissing the entire claim or a portion of the claim under this chapter. (b) If a portion of ...
- Texas Civil Practice & Remedies Code Section 14.011 - Effect On Other Claims
(a) Except as provided by Subsection (b), on receipt of an order assessing fees and costs under Section 14.006 that indicates that the court made ...
- Texas Civil Practice & Remedies Code Section 14.012 - Questionnaire
To implement this chapter, a court may develop, for use in that court, a questionnaire to be filed by the inmate. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 14.013 - Review And Recommendation By Magistrates
(a) The supreme court shall, by rule, adopt a system under which a court may refer a suit governed by this chapter to a magistrate ...
- Texas Civil Practice & Remedies Code Section 14.014 - Conflict With Texas Rules Of Civil Procedure
Notwithstanding Section 22.004, Government Code, this chapter may not be modified or repealed by a rule adopted by the supreme court. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 15.001 - Definitions
In this chapter: (a) "Principal office" means a principal office of the corporation, unincorporated association, or partnership in this state in which the decision makers ...
- Texas Civil Practice & Remedies Code Section 15.002 - Venue: General Rule
(a) Except as otherwise provided by this subchapter or Subchapter B or C, all lawsuits shall be brought: (1) in the county in which all ...
- Texas Civil Practice & Remedies Code Section 15.003 - Multiple Plaintiffs And Intervening Plaintiffs
(a) In a suit in which there is more than one plaintiff, whether the plaintiffs are included by joinder, by intervention, because the lawsuit was ...
- Texas Civil Practice & Remedies Code Section 15.004 - Mandatory Venue Provisions Governs Multiple Claims
In a suit in which a plaintiff properly joins two or more claims or causes of action arising from the same transaction, occurrence, or series ...
- Texas Civil Practice & Remedies Code Section 15.005 - Multiple Defendants
In a suit in which the plaintiff has established proper venue against a defendant, the court also has venue of all the defendants in all ...
- Texas Civil Practice & Remedies Code Section 15.006 - Venue Determined By Facts Existing At The Time Of Accrual
A court shall determine the venue of a suit based on the facts existing at the time the cause of action that is the basis ...
- Texas Civil Practice & Remedies Code Section 15.007 - Conflict With Certain Provisions
Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent that venue under this chapter for a suit by or against an executor, administrator, or guardian ...
- Texas Civil Practice & Remedies Code Section 15.011 - Land
Actions for recovery of real property or an estate or interest in real property, for partition of real property, to remove encumbrances from the title ...
- Texas Civil Practice & Remedies Code Section 15.0115 - Landlord-Tenant
(a) Except as provided by another statute prescribing mandatory venue, a suit between a landlord and a tenant arising under a lease shall be brought ...
- Texas Civil Practice & Remedies Code Section 15.012 - Injunction Against Suit
Actions to stay proceedings in a suit shall be brought in the county in which the suit is pending. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 15.013 - Injunction Against Execution Of Judgment
Actions to restrain execution of a judgment based on invalidity of the judgment or of the writ shall be brought in the county in which ...
- Texas Civil Practice & Remedies Code Section 15.014 - Head Of State Department
An action for mandamus against the head of a department of the state government shall be brought in Travis County. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.015 - Counties
An action against a county shall be brought in that county. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 15.0151 - Certain Political Subdivisions
(a) Except as provided by a law not contained in this chapter, an action against a political subdivision that is located in a county with ...
- Texas Civil Practice & Remedies Code Section 15.016 - Other Mandatory Venue
An action governed by any other statute prescribing mandatory venue shall be brought in the county required by that statute. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.017 - Libel, Slander, Or Invasion Of Privacy
A suit for damages for libel, slander, or invasion of privacy shall be brought and can only be maintained in the county in which the ...
- Texas Civil Practice & Remedies Code Section 15.018 - Federal Employers' Liability Act And Jones Act
(a) This section only applies to suits brought under the federal Employers' Liability Act (45 U.S.C. Section 51 et seq.) or the Jones Act (46 ...
- Texas Civil Practice & Remedies Code Section 15.019 - Inmate Litigation
(a) Except as provided by Section 15.014, an action that accrued while the plaintiff was housed in a facility operated by or under contract with ...
- Texas Civil Practice & Remedies Code Section 15.020 - Major Transactions: Specification Of Venue By Agreement
(a) In this section, "major transaction" means a transaction evidenced by a written agreement under which a person pays or receives, or is obligated to ...
- Texas Civil Practice & Remedies Code Section 15.031 - Executor; Administrator; Guardian
If the suit is against an executor, administrator, or guardian, as such, to establish a money demand against the estate which he represents, the suit ...
- Texas Civil Practice & Remedies Code Section 15.032 - Insurance
Suit against fire, marine, or inland insurance companies may also be commenced in any county in which the insured property was situated. A suit on ...
- Texas Civil Practice & Remedies Code Section 15.033 - Breach Of Warranty By Manufacturer
A suit for breach of warranty by a manufacturer of consumer goods may be brought in any county in which all or a substantial part ...
- Texas Civil Practice & Remedies Code Section 15.035 - Contract In Writing
(a) Except as provided by Subsection (b), if a person has contracted in writing to perform an obligation in a particular county, expressly naming the ...
- Texas Civil Practice & Remedies Code Section 15.038 - Other Permissive Venue
An action governed by any other statute prescribing permissive venue may be brought in the county allowed by that statute. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.039 - Transient Person
A transient person may be sued in any county in which he may be found. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. ...
- Texas Civil Practice & Remedies Code Section 15.062 - Counterclaims, Cross Claims, And Third-Party Claims
(a) Venue of the main action shall establish venue of a counterclaim, cross claim, or third-party claim properly joined under the Texas Rules of Civil ...
- Texas Civil Practice & Remedies Code Section 15.063 - Transfer
The court, on motion filed and served concurrently with or before the filing of the answer, shall transfer an action to another county of proper ...
- Texas Civil Practice & Remedies Code Section 15.064 - Hearings
(a) In all venue hearings, no factual proof concerning the merits of the case shall be required to establish venue. The court shall determine venue ...
- Texas Civil Practice & Remedies Code Section 15.0641 - Venue Rights Of Multiple Defendants
In a suit in which two or more defendants are joined, any action or omission by one defendant in relation to venue, including a waiver ...
- Texas Civil Practice & Remedies Code Section 15.0642 - Mandamus
A party may apply for a writ of mandamus with an appellate court to enforce the mandatory venue provisions of this chapter. An application for ...
- Texas Civil Practice & Remedies Code Section 15.065 - Watercourse Or Roadway Forming County Boundary
If a river, watercourse, highway, road, or street forms the boundary line between two counties, the courts of each county have concurrent jurisdiction over the ...
- Texas Civil Practice & Remedies Code Section 15.066 - Conflict With Rules Of Civil Procedure
Subject to Section 22.004, Government Code, to the extent that this chapter conflicts with the Texas Rules of Civil Procedure, this chapter controls. Added by ...
- Texas Civil Practice & Remedies Code Section 15.081 - Application
This subchapter applies only to suits brought in a justice court. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 15.082 - Venue: General Rule
Except as otherwise provided by this subchapter or by any other law, a suit in justice court shall be brought in the county and precinct ...
- Texas Civil Practice & Remedies Code Section 15.083 - Residence Of A Single Man
A single man's residence is where he boards. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 15.084 - Forcible Entry And Detainer
A suit for forcible entry and detainer shall be brought in the precinct in which all or part of the premises is located. Acts 1985, ...
- Texas Civil Practice & Remedies Code Section 15.085 - Executor; Administrator; Guardian
A suit against an executor, an administrator, or a guardian shall be brought in the county in which the administration or guardianship is pending and ...
- Texas Civil Practice & Remedies Code Section 15.086 - Counties
A suit against a county shall be brought in the precinct in which the county seat of that county is located. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 15.087 - Option: Suit In Defendant's County Of Residence
A suit to which a permissive venue section of this subchapter applies may be brought and maintained either in the county provided for by that ...
- Texas Civil Practice & Remedies Code Section 15.088 - Nonresident; Residence Unknown
A suit against a nonresident of this state or against a person whose residence is unknown may be brought in the county and precinct in ...
- Texas Civil Practice & Remedies Code Section 15.089 - Transient Person
A suit against a transient person may be brought in any county and precinct in which the transient person is found. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 15.090 - Personal Property
A suit to recover personal property may be brought in the county and precinct in which the property is located. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.091 - Rents
A suit to recover rents may be brought in the county and precinct in which all or part of the rented premises is located. Acts ...
- Texas Civil Practice & Remedies Code Section 15.092 - Contract
(a) Except as otherwise provided by this section, a suit on a written contract that promises performance at a particular place may be brought in ...
- Texas Civil Practice & Remedies Code Section 15.093 - Torts
A tort suit for damages may be brought in the county and precinct in which the injury was inflicted. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 15.094 - Corporation; Association; Joint-Stock Company
A suit against a private corporation, association, or joint-stock company may be brought in the county and precinct in which: (1) all or part of ...
- Texas Civil Practice & Remedies Code Section 15.095 - Railroad Companies; Carriers
A suit against a railroad company, a canal company, or the owners of a line of transportation vehicles for injury to a person or property ...
- Texas Civil Practice & Remedies Code Section 15.096 - Steamboat Or Other Vessel
A suit against the owner of a steamboat or other vessel may be brought in the county or precinct in which: (1) the steamboat or ...
- Texas Civil Practice & Remedies Code Section 15.097 - Insurance Companies
(a) A suit against a fire, marine, or inland marine insurance company may be brought in the county and precinct in which all or part ...
- Texas Civil Practice & Remedies Code Section 15.098 - Pleading Requirements
If a suit is brought in a county or precinct in which the defendant does not reside, the citation or pleading must affirmatively show that ...
- Texas Civil Practice & Remedies Code Section 15.099 - More Than One Justice
If there is more than one justice of the peace in a precinct or in an incorporated city or town, suit may be brought before ...
- Texas Civil Practice & Remedies Code Section 15.100 - Disqualified Justice
If the justice in the proper precinct is not qualified to try the suit, suit may be brought before the nearest qualified justice in the ...
- Texas Civil Practice & Remedies Code Section 16.001 - Effect Of Disability
(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, ...
- Texas Civil Practice & Remedies Code Section 16.002 - One-Year Limitations Period
(a) A person must bring suit for malicious prosecution, libel, slander, or breach of promise of marriage not later than one year after the day ...
- Texas Civil Practice & Remedies Code Section 16.003 - Two-Year Limitations Period
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the ...
- Texas Civil Practice & Remedies Code Section 16.0031 - Asbestos-Related Or Silica-Related Injuries
(a) In an action for personal injury or death resulting from an asbestos-related injury, as defined by Section 90.001, the cause of action accrues for ...
- Texas Civil Practice & Remedies Code Section 16.004 - Four-Year Limitations Period
(a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific ...
- Texas Civil Practice & Remedies Code Section 16.0045 - Five-Year Limitations Period
(a) A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury ...
- Texas Civil Practice & Remedies Code Section 16.005 - Action For Closing Street Or Road
(a) A person must bring suit for any relief from the following acts not later than two years after the day the cause of action ...
- Texas Civil Practice & Remedies Code Section 16.006 - Carriers Of Property
(a) A carrier of property for compensation or hire must bring suit for the recovery of charges not later than three years after the day ...
- Texas Civil Practice & Remedies Code Section 16.007 - Return Of Execution
A person must bring suit against a sheriff or other officer or the surety of the sheriff or officer for failure to return an execution ...
- Texas Civil Practice & Remedies Code Section 16.008 - Architects, Engineers, Interior Designers, And Landscape Architects Furnishing Design, Planning, Or Inspection Of Construction Of Improvements
(a) A person must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or ...
- Texas Civil Practice & Remedies Code Section 16.009 - Persons Furnishing Construction Or Repair Of Improvements
(a) A claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to ...
- Texas Civil Practice & Remedies Code Section 16.010 - Misappropriation Of Trade Secrets
(a) A person must bring suit for misappropriation of trade secrets not later than three years after the misappropriation is discovered or by the exercise ...
- Texas Civil Practice & Remedies Code Section 16.011 - Surveyors
(a) A person must bring suit for damages arising from an injury or loss caused by an error in a survey conducted by a registered ...
- Texas Civil Practice & Remedies Code Section 16.012 - Products Liability
(a) In this section: (1) "Claimant," "seller," and "manufacturer" have the meanings assigned by Section 82.001. (2) "Products liability action" means any action against a ...
- Texas Civil Practice & Remedies Code Section 16.021 - Definitions
In this subchapter: (1) "Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is ...
- Texas Civil Practice & Remedies Code Section 16.022 - Effect Of Disability
(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, ...
- Texas Civil Practice & Remedies Code Section 16.023 - Tacking Of Successive Interests
To satisfy a limitations period, peaceable and adverse possession does not need to continue in the same person, but there must be privity of estate ...
- Texas Civil Practice & Remedies Code Section 16.024 - Adverse Possession: Three-Year Limitations Period
A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later ...
- Texas Civil Practice & Remedies Code Section 16.025 - Adverse Possession: Five-Year Limitations Period
(a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in ...
- Texas Civil Practice & Remedies Code Section 16.026 - Adverse Possession: 10-Year Limitations Period
(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in ...
- Texas Civil Practice & Remedies Code Section 16.027 - Adverse Possession: 25-Year Limitations Period Notwithstanding Disability
A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the ...
- Texas Civil Practice & Remedies Code Section 16.028 - Adverse Possession With Recorded Instrument: 25-Year Limitations Period
(a) A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of ...
- Texas Civil Practice & Remedies Code Section 16.029 - Evidence Of Title To Land By Limitations
(a) In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to ...
- Texas Civil Practice & Remedies Code Section 16.030 - Title Through Adverse Possession
(a) If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse ...
- Texas Civil Practice & Remedies Code Section 16.031 - Enclosed Land
(a) A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is ...
- Texas Civil Practice & Remedies Code Section 16.032 - Adjacent Land
Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable ...
- Texas Civil Practice & Remedies Code Section 16.033 - Technical Defects In Instrument
(a) A person with a right of action for the recovery of real property conveyed by an instrument with one of the following defects must ...
- Texas Civil Practice & Remedies Code Section 16.034 - Attorney's Fees
(a) In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse ...
- Texas Civil Practice & Remedies Code Section 16.035 - Lien On Real Property
(a) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien ...
- Texas Civil Practice & Remedies Code Section 16.036 - Extension Of Real Property Lien
(a) The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section ...
- Texas Civil Practice & Remedies Code Section 16.037 - Effect Of Extension Of Real Property Lien On Third Parties
An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by ...
- Texas Civil Practice & Remedies Code Section 16.051 - Residual Limitations Period
Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than ...
- Texas Civil Practice & Remedies Code Section 16.061 - Rights Not Barred
(a) A right of action of this state or a political subdivision of the state, including a county, an incorporated city or town, a navigation ...
- Texas Civil Practice & Remedies Code Section 16.062 - Effect Of Death
(a) The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable ...
- Texas Civil Practice & Remedies Code Section 16.063 - Temporary Absence From State
The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of ...
- Texas Civil Practice & Remedies Code Section 16.064 - Effect Of Lack Of Jurisdiction
(a) The period between the date of filing an action in a trial court and the date of a second filing of the same action ...
- Texas Civil Practice & Remedies Code Section 16.065 - Acknowledgment Of Claim
An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of ...
- Texas Civil Practice & Remedies Code Section 16.066 - Action On Foreign Judgment
(a) An action on a foreign judgment is barred in this state if the action is barred under the laws of the jurisdiction where rendered. ...
- Texas Civil Practice & Remedies Code Section 16.067 - Claim Incurred Prior To Arrival In This State
(a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is ...
- Texas Civil Practice & Remedies Code Section 16.068 - Amended And Supplemental Pleadings
If a filed pleading relates to a cause of action, cross action, counterclaim, or defense that is not subject to a plea of limitation when ...
- Texas Civil Practice & Remedies Code Section 16.069 - Counterclaim Or Cross Claim
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to ...
- Texas Civil Practice & Remedies Code Section 16.070 - Contractual Limitations Period
(a) Except as provided by Subsection (b), a person may not enter a stipulation, contract, or agreement that purports to limit the time in which ...
- Texas Civil Practice & Remedies Code Section 16.071 - Notice Requirements
(a) A contract stipulation that requires a claimant to give notice of a claim for damages as a condition precedent to the right to sue ...
- Texas Civil Practice & Remedies Code Section 16.072 - Saturday, Sunday, Or Holiday
If the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday, or holiday, the period for filing suit ...
- Texas Civil Practice & Remedies Code Section 17.001 - Suit On Contract With Several Obligors Or Parties Conditionally Liable
(a) Except as provided by this section, the acceptor of a bill of exchange or a principal obligor on a contract may be sued alone ...
- Texas Civil Practice & Remedies Code Section 17.002 - Suit Against Estate For Land Title
In a suit against the estate of a decedent involving the title to real property, the executor or administrator, if any, and the heirs must ...
- Texas Civil Practice & Remedies Code Section 17.003 - Suit Against Nonresident Or Transient Property Owner
For the purpose of establishing title to property, settling a lien or encumbrance on property, or determining an estate, interest, lien, or encumbrance, a person ...
- Texas Civil Practice & Remedies Code Section 17.004 - Suit Against Unknown Heirs Or Unknown Stockholders Of Defunct Corporation
A person with a claim against property that has accrued to or been granted to the unknown heirs of a deceased individual or the unknown ...
- Texas Civil Practice & Remedies Code Section 17.005 - Suit Against Unknown Landowner
(a) A person may sue the unknown owner or claimant of an interest in land if: (1) the person bringing suit claims ownership of an ...
- Texas Civil Practice & Remedies Code Section 17.021 - Service On Certain Noncorporate Business Agents
(a) In an action against an individual, partnership, or unincorporated association that arises in a county in which the individual, partnership, or association has an ...
- Texas Civil Practice & Remedies Code Section 17.022 - Service On Partnership
Citation served on one member of a partnership authorizes a judgment against the partnership and the partner actually served. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 17.023 - Service On Joint-Stock Association
(a) In an action against a joint-stock association, citation may be served by: (1) serving the president, vice-president, secretary, cashier, assistant cashier, or treasurer of ...
- Texas Civil Practice & Remedies Code Section 17.024 - Service On Political Subdivision
(a) In a suit against a county, citation must be served on the county judge. (b) In a suit against an incorporated city, town, or ...
- Texas Civil Practice & Remedies Code Section 17.025 - Assessment Of Postage Cost For Mail Service
(a) If a public official is required or permitted by law to serve legal process by mail, including process in a suit for delinquent taxes, ...
- Texas Civil Practice & Remedies Code Section 17.026 - Service On Secretary Of State
(a) In an action in which citation may be served on the secretary of state, service may be made by certified mail, return receipt requested, ...
- Texas Civil Practice & Remedies Code Section 17.027 - Preparation And Service
(a) The plaintiff or his attorney may prepare the appropriate citation for the defendant. (b) The citation must be in the form prescribed by the ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, § 1, eff. Sept. 1, ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, ...
- Texas Civil Practice & Remedies Code Section 17.091 - Substituted Service In Delinquent Tax Cases
(a) In a suit to collect delinquent property taxes by the state or a subdivision of the state in which a person who is a ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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: ...
- Texas Civil Practice & Remedies Code Section 18.001 - Affidavit Concerning Cost And Necessity Of Services
(a) This section applies to civil actions only, but not to an action on a sworn account. (b) Unless a controverting affidavit is filed as ...
- Texas Civil Practice & Remedies Code Section 18.002 - Form Of Affidavit
(a) An affidavit concerning cost and necessity of services by the person who provided the service is sufficient if it follows the following form: No.___________ ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 20.001 - Persons Who May Take A Deposition
(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) ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 21.003 - Qualifications
Text of section effective until Sept. 1, 2006. The interpreter must hold a current Reverse Skills Certificate, Comprehensive Skills Certificate, Master's Comprehensive Skills Certificate, ...
- Texas Civil Practice & Remedies Code Section 21.003 - Qualifications
Text of section effective Sept. 1, 2006. The interpreter must hold a current legal certificate issued by the National Registry of Interpreters for the ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, § 1, ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 21.051 - Interpreter Fee
The clerk of the court shall collect an interpreter fee of $3 as a court cost in each civil case in which an interpreter is ...
- Texas Civil Practice & Remedies Code Section 22.001 - Witness Fees
(a) Except as provided by Section 22.002, a witness is entitled to 10 dollars for each day the witness attends court. This fee includes the ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 22.003 - Fees For Witnesses Summoned By A State Agency
(a) In this section: (1) "Commercial lodging establishment" means a motel, hotel, inn, apartment, or similar entity that offers lodging to the public in exchange ...
- Texas Civil Practice & Remedies Code Section 22.004 - Fee For Production Or Certification Of Documents
(a) A custodian of a record who receives a request for production or certification of a record under a subpoena, a request for production, or ...
- Texas Civil Practice & Remedies Code Section 22.011 - Privilege From Arrest
(a) A witness is privileged from arrest while attending, going to, and returning from court. (b) The privilege provided by this section extends for a ...
- Texas Civil Practice & Remedies Code Section 23.001 - Definitions
In this chapter: (1) "Religious organization" means an organization that meets the standards for qualification as a religious organization under Section 11.20, Tax Code. (2) ...
- Texas Civil Practice & Remedies Code Section 23.002 - Recess
(a) If a juror in a civil action is required to appear at a court proceeding on a religious holy day observed by the juror, ...
- Texas Civil Practice & Remedies Code Section 24.001 - Recording Prohibited
A person may not use any device to produce or make an audio, visual, or audio-visual broadcast, recording, or photograph of a jury while the ...
- Texas Civil Practice & Remedies Code Section 26.001 - Adoption Of Rules By Supreme Court
(a) The supreme court shall adopt rules to provide for the fair and efficient resolution of class actions. (b) The supreme court shall adopt rules ...
- Texas Civil Practice & Remedies Code Section 26.002 - Mandatory Guidelines
Rules adopted under Section 26.001 must comply with the mandatory guidelines established by this chapter. Added by Acts 2003, 78th Leg., ch. 204, § 1.01, ...
- Texas Civil Practice & Remedies Code Section 26.003 - Attorney's Fees
(a) If an award of attorney's fees is available under applicable substantive law, the rules adopted under this chapter must provide that the trial court ...
- Texas Civil Practice & Remedies Code Section 26.051 - State Agency With Exclusive Or Primary Jurisdiction
(a) Before hearing or deciding a motion to certify a class action, a trial court must hear and rule on all pending pleas to the ...
- Texas Civil Practice & Remedies Code Section 30.001 - Instrument To Waive Service Or Confess Judgment
In an instrument executed before suit is brought, a person may not accept service and waive process, enter an appearance in open court, or confess ...
- Texas Civil Practice & Remedies Code Section 30.002 - Expiration Of Judge's Term; Death Of Judge
(a) If a district or county judge's term of office expires before the adjournment of the court term at which a case may be tried ...
- Texas Civil Practice & Remedies Code Section 30.003 - Legislative Continuance
(a) This section applies to any criminal or civil suit, including matters of probate, and to any matters ancillary to the suit that require action ...
- Texas Civil Practice & Remedies Code Section 30.004 - Notice To Attorney General For Certain Suits
(a) This section applies to a civil case in which: (1) the state is named as a party; (2) an agency in the executive or ...
- Texas Civil Practice & Remedies Code Section 30.005 - Religious Holy Day
(a) In this section: (1) "Religious organization" means an organization that meets the standards for qualifying as a religious organization under Section 11.20, Tax Code. ...
- Texas Civil Practice & Remedies Code Section 30.007 - Production Of Financial Institution Records
Civil discovery of a customer record maintained by a financial institution is governed by Section 59.006, Finance Code. Added by Acts 1995, 74th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 30.008 - Demand For Jury Trial In Justice Court; Failure To Appear
(a) A justice court may order a party who demands a jury trial in a justice court and who fails to appear for the trial ...
- Texas Civil Practice & Remedies Code Section 30.009 - Mistrial In Justice Court Or Municipal Court
If a jury in a trial in a justice court or a municipal court is discharged without having rendered a verdict, the cause may be ...
- Texas Civil Practice & Remedies Code Section 30.010 - Personal Identifying Information Privileged From Discovery By Inmate
(a) Personal identifying information pertaining to an individual, including the individual's home address, home telephone number, and social security account number, is privileged from discovery ...
- Texas Civil Practice & Remedies Code Section 30.011 - Electronic Subpoena Application
In addition to any other procedure permitted under state law or by court rule, an application for issuance of a subpoena may be made by ...
- Texas Civil Practice & Remedies Code Section 30.012 - Use Of Communication Equipment In Certain Proceedings
(a) With the agreement of the parties, and subject to Subsection (b), a trial judge may order that a hearing of a preliminary matter or ...
- Texas Civil Practice & Remedies Code Section 30.015 - Provision Of Current Address Of Party In Civil Action
(a) In a civil action filed in a district court, county court, statutory county court, or statutory probate court, each party or the party's attorney ...
- Texas Civil Practice & Remedies Code Section 30.016 - Recusal Or Disqualification Of Certain Judges
(a) In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed against a district court, statutory probate court, ...
- Texas Civil Practice & Remedies Code Section 30.017 - Claims Against Certain Judges
(a) A claim against a district court, statutory probate court, or statutory county court judge that is added to a case pending in the court ...
- Texas Civil Practice & Remedies Code Section 31.001 - Passage Of Title
A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the ...
- Texas Civil Practice & Remedies Code Section 31.002 - Collection Of Judgment Through Court Proceeding
(a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to ...
- Texas Civil Practice & Remedies Code Section 31.0025 - Authority Of Court To Order Turnover Of Wages
(a) Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the ...
- Texas Civil Practice & Remedies Code Section 31.003 - Judgment Against Partnership
If a suit is against several partners who are jointly indebted under a contract and citation has been served on at least one but not ...
- Texas Civil Practice & Remedies Code Section 31.004 - Effect Of Adjudication In Lower Trial Court
(a) A judgment or a determination of fact or law in a proceeding in a lower trial court is not res judicata and is not ...
- Texas Civil Practice & Remedies Code Section 31.005 - Effect Of Adjudication In Small Claims Or Justice Of The Peace Court
A judgment or a determination of fact or law in a proceeding in small claims court or justice of the peace court is not res ...
- Texas Civil Practice & Remedies Code Section 31.006 - Revival Of Judgment
A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date ...
- Texas Civil Practice & Remedies Code Section 31.007 - Parties Responsible For Accounting Of Own Costs
(a) Each party to a suit shall be responsible for accurately recording all costs and fees incurred during the course of a lawsuit, if the ...
- Texas Civil Practice & Remedies Code Section 31.008 - Payment Of Unclaimed Judgment
(a) A judgment debtor may pay to the court that rendered the judgment the amount under the judgment owed to a judgment creditor whose location ...
- Texas Civil Practice & Remedies Code Section 31.010 - Turnover By Financial Institution
(a) A financial institution that receives a request to turn over assets or financial information of a judgment debtor to a judgment creditor or a ...
- Texas Civil Practice & Remedies Code Section 32.001 - Application
(a) This chapter applies only to tort actions. (b) This chapter does not apply if a right of contribution, indemnity, or recovery between defendants is ...
- Texas Civil Practice & Remedies Code Section 32.002 - Right Of Action
A person against whom a judgment is rendered has, on payment of the judgment, a right of action to recover payment from each codefendant against ...
- Texas Civil Practice & Remedies Code Section 32.003 - Recovery
(a) The person may recover from each codefendant against whom judgment is rendered an amount determined by dividing the number of all liable defendants into ...
- Texas Civil Practice & Remedies Code Section 33.001 - Proportionate Responsibility
In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Acts ...
- Texas Civil Practice & Remedies Code Section 33.002 - Applicability
(a) This chapter applies to: (1) any cause of action based on tort in which a defendant, settling person, or responsible third party is found ...
- Texas Civil Practice & Remedies Code Section 33.003 - Determination Of Percentage Of Responsibility
(a) The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following ...
- Texas Civil Practice & Remedies Code Section 33.004 - Designation Of Responsible Third Party
(a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as ...
- Texas Civil Practice & Remedies Code Section 33.011 - Definitions
In this chapter: (1) "Claimant" means a person seeking recovery of damages, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff. In an action in which ...
- Texas Civil Practice & Remedies Code Section 33.012 - Amount Of Recovery
(a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the ...
- Texas Civil Practice & Remedies Code Section 33.013 - Amount Of Liability
(a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the ...
- Texas Civil Practice & Remedies Code Section 33.015 - Contribution
(a) If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly ...
- Texas Civil Practice & Remedies Code Section 33.016 - Claim Against Contribution Defendant
(a) In this section, "contribution defendant" means any defendant, counterdefendant, or third-party defendant from whom any party seeks contribution with respect to any portion of ...
- Texas Civil Practice & Remedies Code Section 33.017 - Preservation Of Existing Rights Of Indemnity
Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law. To the ...
- Texas Civil Practice & Remedies Code Section 34.001 - No Execution On Dormant Judgment
(a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a ...
- Texas Civil Practice & Remedies Code Section 34.002 - Effect Of Plaintiff's Death
(a) If a plaintiff dies after judgment, any writ of execution must be issued in the name of the plaintiff's legal representative, if any, and ...
- Texas Civil Practice & Remedies Code Section 34.003 - Effect Of Defendant's Death
The death of the defendant after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ ...
- Texas Civil Practice & Remedies Code Section 34.004 - Levy On Property Conveyed To Third Party
Property that the judgment debtor has sold, mortgaged, or conveyed in trust may not be seized in execution if the purchaser, mortgagee, or trustee points ...
- Texas Civil Practice & Remedies Code Section 34.005 - Levy On Property Of Surety
(a) If the face of a writ of execution or the endorsement of the clerk shows that one of the persons against whom it is ...
- Texas Civil Practice & Remedies Code Section 34.021 - Recovery Of Property Before Sale
A person is entitled to recover his property that has been seized through execution of a writ issued by a court if the judgment on ...
- Texas Civil Practice & Remedies Code Section 34.022 - Recovery Of Property Value After Sale
(a) A person is entitled to recover from the judgment creditor the market value of the person's property that has been seized through execution of ...
- Texas Civil Practice & Remedies Code Section 34.041 - Sale At Place Other Than Courthouse Door
If the public sale of land is required by law to be made at a place other than the courthouse door, sales under this chapter ...
- Texas Civil Practice & Remedies Code Section 34.042 - Sale Of City Lots
If real property taken in execution consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel must be ...
- Texas Civil Practice & Remedies Code Section 34.043 - Sale Of Rural Property
(a) If real property taken in execution is not located in a city or town, the defendant in the writ who holds legal or equitable ...
- Texas Civil Practice & Remedies Code Section 34.044 - Stock Shares Subject To Sale
Shares of stock in a corporation or joint-stock company that are owned by a defendant in execution may be sold on execution. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 34.0445 - Persons Eligible To Purchase Real Property
(a) An officer conducting a sale of real property under this subchapter may not execute or deliver a deed to the purchaser of the property ...
- Texas Civil Practice & Remedies Code Section 34.045 - Conveyance Of Title After Sale
(a) When the sale has been made and its terms complied with, the officer shall execute and deliver to the purchaser a conveyance of all ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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. ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 34.063 - Improper Endorsement Of Writ
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 ...
- Texas Civil Practice & Remedies Code Section 34.064 - Improper Return Of Writ
If an officer neglects or refuses to return a writ of execution as required by law or makes a false return on a writ of ...
- Texas Civil Practice & Remedies Code Section 34.065 - Failure To Levy Or Sell
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 ...
- Texas Civil Practice & Remedies Code Section 34.066 - Improper Sale
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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 35.002 - Short Title
This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 35.005 - Alternate Notice Of Filing--Judgment Creditor
(a) The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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. ...
- Texas Civil Practice & Remedies Code Section 36.001 - Definitions
In this chapter: (1) "Foreign country" means a governmental unit other than: (A) the United States; (B) a state, district, commonwealth, territory, or insular possession ...
- Texas Civil Practice & Remedies Code Section 36.002 - Applicability
(a) This chapter applies to a foreign country judgment: (1) that is final and conclusive and enforceable where rendered, even though an appeal is pending ...
- Texas Civil Practice & Remedies Code Section 36.003 - Short Title
This chapter may be cited as the Uniform Foreign Country Money-Judgment Recognition Act. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 36.004 - Recognition And Enforcement
Except as provided by Section 36.005, a foreign country judgment that is filed with notice given as provided by this chapter, that meets the requirements ...
- Texas Civil Practice & Remedies Code Section 36.0041 - Filing
A copy of a foreign country judgment authenticated in accordance with an act of congress, a statute of this state, or a treaty or other ...
- Texas Civil Practice & Remedies Code Section 36.0042 - Affidavit; Notice Of Filing
(a) At the time a foreign country judgment is filed, the party seeking recognition of the judgment or the party's attorney shall file with the ...
- Texas Civil Practice & Remedies Code Section 36.0043 - Alternate Notice Of Filing
(a) The party seeking recognition may mail a notice of the filing of the foreign country judgment to the other party and may file proof ...
- Texas Civil Practice & Remedies Code Section 36.0044 - Contesting Recognition
(a) A party against whom recognition of a foreign country judgment is sought may contest recognition of the judgment if, not later than the 30th ...
- Texas Civil Practice & Remedies Code Section 36.005 - Grounds For Nonrecognition
(a) A foreign country judgment is not conclusive if: (1) the judgment was rendered under a system that does not provide impartial tribunals or procedures ...
- Texas Civil Practice & Remedies Code Section 36.006 - Personal Jurisdiction
(a) A court may not refuse to recognize a foreign country judgment for lack of personal jurisdiction if: (1) the defendant was served personally in ...
- Texas Civil Practice & Remedies Code Section 36.007 - Stay In Case Of Appeal
If the defendant satisfies the court either that an appeal is pending or that the defendant is entitled and intends to appeal from the foreign ...
- Texas Civil Practice & Remedies Code Section 36.008 - Other Foreign Country Judgments
This chapter does not prevent the recognition of a foreign country judgment in a situation not covered by this chapter. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, ...
- Texas Civil Practice & Remedies Code Section 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. ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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, § 1, ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 38.001 - Recovery Of Attorney's Fees
A person may recover reasonable attorney's fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 38.005 - Liberal Construction
This chapter shall be liberally construed to promote its underlying purposes. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 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) ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 39.002 - Failure To Give Notice
Failure to give notice in a case in which notice is required by Section 30.004(b) or Section 39.001 results in any default judgment in the ...
- Texas Civil Practice & Remedies Code Section 40.001 - Endowment Of Certain Nonprofit Institutions
(a) This section applies only to damages awarded against: (1) a nonprofit institution or facility: (A) licensed under Chapter 242, 246, or 247, Health and ...
- Texas Civil Practice & Remedies Code Section 41.001 - Definitions
In this chapter: (1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of damages. In a cause of action ...
- Texas Civil Practice & Remedies Code Section 41.002 - Applicability
(a) This chapter applies to any action in which a claimant seeks damages relating to a cause of action. (b) This chapter establishes the maximum ...
- Texas Civil Practice & Remedies Code Section 41.003 - Standards For Recovery Of Exemplary Damages
(a) Except as provided by Subsection (c), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm ...
- Texas Civil Practice & Remedies Code Section 41.004 - Factors Precluding Recovery
(a) Except as provided by Subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded. (b) Exemplary damages may ...
- Texas Civil Practice & Remedies Code Section 41.005 - Harm Resulting From Criminal Act
(a) In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a ...
- Texas Civil Practice & Remedies Code Section 41.006 - Award Specific To Defendant
In any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each ...
- Texas Civil Practice & Remedies Code Section 41.007 - Prejudgment Interest
Prejudgment interest may not be assessed or recovered on an award of exemplary damages. Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § ...
- Texas Civil Practice & Remedies Code Section 41.008 - Limitation On Amount Of Recovery
(a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from ...
- Texas Civil Practice & Remedies Code Section 41.009 - Bifurcated Trial
(a) On motion by a defendant, the court shall provide for a bifurcated trial under this section. A motion under this subsection shall be made ...
- Texas Civil Practice & Remedies Code Section 41.010 - Considerations In Making Award
(a) Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section ...
- Texas Civil Practice & Remedies Code Section 41.0105 - Evidence Relating To Amount Of Economic Damages
In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred ...
- Texas Civil Practice & Remedies Code Section 41.011 - Evidence Relating To Amount Of Exemplary Damages
(a) In determining the amount of exemplary damages, the trier of fact shall consider evidence, if any, relating to: (1) the nature of the wrong; ...
- Texas Civil Practice & Remedies Code Section 41.012 - Jury Instructions
In a trial to a jury, the court shall instruct the jury with regard to Sections 41.001, 41.003, 41.010, and 41.011. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 41.013 - Judicial Review Of Award
(a) Except as provided for in Subsection (b), an appellate court that reviews the evidence with respect to a finding by a trier of fact ...
- Texas Civil Practice & Remedies Code Section 42.001 - Definitions
In this chapter: (1) "Claim" means a request, including a counterclaim, cross-claim, or third-party claim, to recover monetary damages. (2) "Claimant" means a person making ...
- Texas Civil Practice & Remedies Code Section 42.002 - Applicability And Effect
(a) The settlement procedures provided in this chapter apply only to claims for monetary relief. (b) This chapter does not apply to: (1) a class ...
- Texas Civil Practice & Remedies Code Section 42.003 - Making Settlement Offer
A settlement offer must: (1) be in writing; (2) state that it is made under this chapter; (3) state the terms by which the claims ...
- Texas Civil Practice & Remedies Code Section 42.004 - Awarding Litigation Costs
(a) If a settlement offer is made and rejected and the judgment to be rendered will be significantly less favorable to the rejecting party than ...
- Texas Civil Practice & Remedies Code Section 42.005 - Supreme Court To Make Rules
(a) The supreme court shall promulgate rules implementing this chapter. The rules must be limited to settlement offers made under this chapter. The rules must ...
- Texas Civil Practice & Remedies Code Section 51.001 - Appeal From Justice Court To County Or District Court
(a) In a case tried in justice court in which the judgment or amount in controversy exceeds $20, exclusive of costs, or in which the ...
- Texas Civil Practice & Remedies Code Section 51.002 - Certiorari From Justice Court
(a) After final judgment in a case tried in justice court in which the judgment or amount in controversy exceeds $20, exclusive of costs, a ...
- Texas Civil Practice & Remedies Code Section 51.011 - Appeal From County Or District Court After Certiorari From Justice Court
If a county or district court hears a case on certiorari from a justice court, a person may take an appeal or writ of error ...
- Texas Civil Practice & Remedies Code Section 51.012 - Appeal Or Writ Of Error To Court Of Appeals
In a civil case in which the judgment or amount in controversy exceeds $100, exclusive of interest and costs, a person may take an appeal ...
- Texas Civil Practice & Remedies Code Section 51.013 - Time For Taking Writ Of Error To Court Of Appeals
In a case in which a writ of error to the court of appeals is allowed, the writ of error may be taken at any ...
- Texas Civil Practice & Remedies Code Section 51.014 - Appeal From Interlocutory Order
(a) A person may appeal from an interlocutory order of a district court, county court at law, or county court that: (1) appoints a receiver ...
- Texas Civil Practice & Remedies Code Section 51.015 - Costs Of Appeal
In the case of an appeal brought pursuant to Section 51.014(6), if the order appealed from is affirmed, the court of appeals shall order the ...
- Texas Civil Practice & Remedies Code Section 52.001 - Definition
In this chapter, "security" means a bond or deposit posted, as provided by the Texas Rules of Appellate Procedure, by a judgment debtor to suspend ...
- Texas Civil Practice & Remedies Code Section 52.005 - Conflict With Texas Rules Of Appellate Procedure
(a) To the extent that this chapter conflicts with the Texas Rules of Appellate Procedure, this chapter controls. (b) Notwithstanding Section 22.004, Government Code, the ...
- Texas Civil Practice & Remedies Code Section 52.006 - Amount Of Security For Money Judgment
(a) Subject to Subsection (b), when a judgment is for money, the amount of security must equal the sum of: (1) the amount of compensatory ...
- Texas Civil Practice & Remedies Code Section 61.001 - General Grounds
A writ of original attachment is available to a plaintiff in a suit if: (1) the defendant is justly indebted to the plaintiff; (2) the ...
- Texas Civil Practice & Remedies Code Section 61.002 - Specific Grounds
Attachment is available if: (1) the defendant is not a resident of this state or is a foreign corporation or is acting as such; (2) ...
- Texas Civil Practice & Remedies Code Section 61.003 - Pending Suit Required
A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of ...
- Texas Civil Practice & Remedies Code Section 61.004 - Available For Debt Not Due
A writ of attachment may be issued even though the plaintiff's debt or demand is not due. The proceedings relating to the writ shall be ...
- Texas Civil Practice & Remedies Code Section 61.005 - Certain Torts And Unliquidated Demands
Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual, ...
- Texas Civil Practice & Remedies Code Section 61.021 - Who May Issue
The judge or clerk of a district or county court or a justice of the peace may issue a writ of original attachment returnable to ...
- Texas Civil Practice & Remedies Code Section 61.022 - Affidavit
(a) To apply for a writ of attachment, a plaintiff or his agent or attorney must file with the court an affidavit that states: (1) ...
- Texas Civil Practice & Remedies Code Section 61.023 - Bond
(a) Before a writ of attachment may be issued, the plaintiff must execute a bond that: (1) has two or more good and sufficient sureties; ...
- Texas Civil Practice & Remedies Code Section 61.041 - Subject Property
A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 61.042 - Attachment Of Personalty
The officer attaching personal property shall retain possession until final judgment unless the property is: (1) replevied; (2) sold as provided by law; or (3) ...
- Texas Civil Practice & Remedies Code Section 61.043 - Attachment Of Realty
(a) To attach real property, the officer levying the writ shall immediately file a copy of the writ and the applicable part of the return ...
- Texas Civil Practice & Remedies Code Section 61.044 - Claim On Attached Personalty By Third Party
A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for ...
- Texas Civil Practice & Remedies Code Section 61.045 - Attachment Of Personalty Held By Financial Institution
Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on ...
- Texas Civil Practice & Remedies Code Section 61.061 - Attachment Lien
Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal ...
- Texas Civil Practice & Remedies Code Section 61.062 - Judgment And Foreclosure
(a) If the plaintiff recovers in the suit, the attachment lien is foreclosed as in the case of other liens. The court shall direct proceeds ...
- Texas Civil Practice & Remedies Code Section 61.063 - Judgment On Replevied Property
A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the ...
- Texas Civil Practice & Remedies Code Section 61.081 - Exemption When En Route To Or In An Exhibition
(a) Subject to the limitations of this section, a court may not issue and a person may not serve any process of attachment, execution, sequestration, ...
- Texas Civil Practice & Remedies Code Section 61.082 - Handling And Transportation
A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a ...
- Texas Civil Practice & Remedies Code Section 62.001 - Grounds
A writ of sequestration is available to a plaintiff in a suit if: (1) the suit is for title or possession of personal property or ...
- Texas Civil Practice & Remedies Code Section 62.002 - Pending Suit Required
A writ of sequestration may be issued at the initiation of a suit or at any time before final judgment. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 62.003 - Available For Claim Not Due
A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage ...
- Texas Civil Practice & Remedies Code Section 62.021 - Who May Issue
A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 62.022 - Application
The application for a writ of sequestration must be made under oath and must set forth: (1) the specific facts stating the nature of the ...
- Texas Civil Practice & Remedies Code Section 62.023 - Required Statement Of Rights
(a) A writ of sequestration must prominently display the following statement on the face of the writ: YOU HAVE A RIGHT TO REGAIN POSSESSION OF ...
- Texas Civil Practice & Remedies Code Section 62.041 - Motion For Dissolution; Stay
(a) The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court. (b) The right to seek ...
- Texas Civil Practice & Remedies Code Section 62.042 - Hearing On Motion
Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th ...
- Texas Civil Practice & Remedies Code Section 62.043 - Dissolution
(a) Following the hearing, the writ must be dissolved unless the party who secured its issuance proves the specific facts alleged and the grounds relied ...
- Texas Civil Practice & Remedies Code Section 62.044 - Compulsory Counterclaim For Wrongful Sequestration
(a) If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim. (b) In addition to damages, ...
- Texas Civil Practice & Remedies Code Section 62.045 - Wrongful Sequestration Of Consumer Goods
(a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable ...
- Texas Civil Practice & Remedies Code Section 62.046 - Liability For Fruit Of Replevied Property
(a) In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for ...
- Texas Civil Practice & Remedies Code Section 62.061 - Officer's Liability And Duty Of Care
(a) An officer who executes a writ of sequestration shall care for and manage in a prudent manner the sequestered property he retains in custody. ...
- Texas Civil Practice & Remedies Code Section 62.062 - Compensation Of Officer
(a) An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued ...
- Texas Civil Practice & Remedies Code Section 62.063 - Indemnification Of Officer For Money Spent
If an officer is required to expend money in the security, management, or care of sequestered property, he may retain possession of the property until ...
- Texas Civil Practice & Remedies Code Section 63.001 - Grounds
A writ of garnishment is available if: (1) an original attachment has been issued; (2) a plaintiff sues for a debt and makes an affidavit ...
- Texas Civil Practice & Remedies Code Section 63.002 - Who May Issue
The clerk of a district or county court or a justice of the peace may issue a writ of garnishment returnable to his court. Acts ...
- Texas Civil Practice & Remedies Code Section 63.003 - Effect Of Service
(a) After service of a writ of garnishment, the garnishee may not deliver any effects or pay any debt to the defendant. If the garnishee ...
- Texas Civil Practice & Remedies Code Section 63.004 - Current Wages Exempt
Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from ...
- Texas Civil Practice & Remedies Code Section 63.005 - Place For Trial
(a) If a garnishee other than a foreign corporation is not a resident of the county in which the original suit is pending or was ...
- Texas Civil Practice & Remedies Code Section 63.006 - Administrative Fee For Certain Costs Incurred By Employers
(a) An employer who is required by state or federal law to deduct from the current wages of an employee an amount garnished under a ...
- Texas Civil Practice & Remedies Code Section 63.007 - Garnishment Of Funds Held In Inmate Trust Fund
(a) A writ of garnishment may be issued against an inmate trust fund held under the authority of the Texas Department of Criminal Justice under ...
- Texas Civil Practice & Remedies Code Section 63.008 - Financial Institution As Garnishee
Service of a writ of garnishment on a financial institution named as the garnishee in the writ is governed by Section 59.008, Finance Code. Added ...
- Texas Civil Practice & Remedies Code Section 64.001 - Availability Of Remedy
(a) A court of competent jurisdiction may appoint a receiver: (1) in an action by a vendor to vacate a fraudulent purchase of property; (2) ...
- Texas Civil Practice & Remedies Code Section 64.002 - Persons Not Entitled To Appointment
(a) A court may not appoint a receiver for a corporation, partnership, or individual on the petition of the same corporation, partnership, or individual. (b) ...
- Texas Civil Practice & Remedies Code Section 64.003 - Foreign Appointment
A court outside this state may not appoint a receiver for: (1) a person who resides in this state and for whom appointment of a ...
- Texas Civil Practice & Remedies Code Section 64.004 - Application Of Equity Rules
Unless inconsistent with this chapter or other general law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of ...
- Texas Civil Practice & Remedies Code Section 64.021 - Qualifications; Residence Requirement
(a) To be appointed as a receiver for property that is located entirely or partly in this state, a person must: (1) be a citizen ...
- Texas Civil Practice & Remedies Code Section 64.022 - Oath
Before a person assumes the duties of a receiver, he must be sworn to perform the duties faithfully. Acts 1985, 69th Leg., ch. 959, § ...
- Texas Civil Practice & Remedies Code Section 64.023 - Bond
Before a person assumes the duties of a receiver, he must execute a good and sufficient bond that is: (1) approved by the appointing court; ...
- Texas Civil Practice & Remedies Code Section 64.031 - General Powers And Duties
Subject to the control of the court, a receiver may: (1) take charge and keep possession of the property; (2) receive rents; (3) collect and ...
- Texas Civil Practice & Remedies Code Section 64.032 - Inventory
As soon as possible after appointment, a receiver shall return to the appointing court an inventory of all property received. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 64.033 - Suits By Receiver
A receiver may bring suits in his official capacity without permission of the appointing court. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. ...
- Texas Civil Practice & Remedies Code Section 64.034 - Investments, Loans, And Contributions Of Funds
(a) Except as provided by Subsection (b), on an order of the court to which all parties consent, a receiver may invest for interest any ...
- Texas Civil Practice & Remedies Code Section 64.035 - Deposit Of Certain Railroad Funds
If a receiver operates a railroad that lies wholly within this state, the receiver shall deposit all money that comes into his hands, from operation ...
- Texas Civil Practice & Remedies Code Section 64.036 - Receivership Property Held By Financial Institution
Service or delivery of a notice of receivership, or a demand or instruction by or on behalf of a receiver, relating to receivership property held ...
- Texas Civil Practice & Remedies Code Section 64.051 - Application Of Funds; Preferences
(a) A receiver shall apply the earnings of property held in receivership to the payment of the following claims in the order listed: (1) court ...
- Texas Civil Practice & Remedies Code Section 64.052 - Suits Against Receiver
(a) A receiver who holds property in this state may be sued in his official capacity in a court of competent jurisdiction without permission of ...
- Texas Civil Practice & Remedies Code Section 64.053 - Payment Of Judgment Against Receiver
The court that appointed a receiver shall order any judgment against the receiver to be paid from funds held by the receiver. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 64.054 - Judgment Lien
A judgment rendered against a receiver in a cause of action arising during the receivership is a lien on all property held by the receiver. ...
- Texas Civil Practice & Remedies Code Section 64.055 - Execution On Judgment
(a) To obtain payment on a judgment against a receiver, the owner of the judgment may apply to the court that appointed the receiver for ...
- Texas Civil Practice & Remedies Code Section 64.056 - Liability Of Persons Receiving Receivership Property
(a) A person to whom a receiver delivers property held in receivership, including the owner of the property, a person who receives it for the ...
- Texas Civil Practice & Remedies Code Section 64.071 - Venue For Appointment
An action to have a receiver appointed for a corporation with property in this state shall be brought in the county in which the principal ...
- Texas Civil Practice & Remedies Code Section 64.072 - Limited Duration
(a) Except as provided by this section, a court may not administer a corporation in receivership for more than three years after the date the ...
- Texas Civil Practice & Remedies Code Section 64.0721 - Termination Of Railroad Receivership
(a) A receiver of a railroad company located wholly within this state that has been in receivership for more than 50 years may apply to ...
- Texas Civil Practice & Remedies Code Section 64.073 - Earnings On Improved Property Liable For Debts
(a) A corporation in receivership shall contribute to the payment of any floating debts against it an amount equal to the full value of current ...
- Texas Civil Practice & Remedies Code Section 64.074 - Claims Preference Against Current Earnings
A judgment or claim existing against a corporation at the time the receiver is appointed or a judgment in an action existing at that time ...
- Texas Civil Practice & Remedies Code Section 64.075 - Forfeiture Of Charter For Unqualified Receiver
If a person who is not a citizen and qualified voter of this state is appointed receiver for a domestic corporation that owns property in ...
- Texas Civil Practice & Remedies Code Section 64.076 - Suits Against Railroad Receiver: Venue And Service
An action against the receiver of a railroad company may be brought in any county through or into which the railroad is constructed, and citation ...
- Texas Civil Practice & Remedies Code Section 64.091 - Receiver For Mineral Interests Owned By Nonresident Or Absentee
(a) The purpose of this section is to encourage the exploration and development of mineral resources. (b) In the following actions, a district court may ...
- Texas Civil Practice & Remedies Code Section 64.092 - Receiver For Contingent Interests In Minerals
(a) On the application of a person who has a vested, contingent, or possible interest in land or an estate subject to a contingent future ...
- Texas Civil Practice & Remedies Code Section 64.093 - Receiver For Royalty Interests Owned By Nonresident Or Absentee
(a) A district court may appoint a receiver for the royalty interest owned by a nonresident or absent defendant in an action that: (1) is ...
- Texas Civil Practice & Remedies Code Section 64.101 - Notice And Citation For Receivership For Certain Missing Persons
(a) On the filing of an application for the appointment of a receiver for a missing person under Section 64.001(d), the court clerk shall issue ...
- Texas Civil Practice & Remedies Code Section 64.102 - Proceeding To Appoint Receiver
(a) The court shall appoint an attorney ad litem to represent the interests of a missing person at a proceeding to appoint a receiver for ...
- Texas Civil Practice & Remedies Code Section 64.103 - Bond
The bond under Section 64.023 required to be executed by a receiver for a missing person appointed under Section 64.001(d) must be set in an ...
- Texas Civil Practice & Remedies Code Section 64.104 - Expenditures By Receiver
If, during the receivership for a missing person under Section 64.001(d), the needs of the spouse or dependent children of the missing person require the ...
- Texas Civil Practice & Remedies Code Section 64.105 - Receiver's Expenses, Account, And Compensation
(a) All necessary expenses incurred by a receiver appointed under Section 64.001(d) for a missing person in administering the property shall be reported to the ...
- Texas Civil Practice & Remedies Code Section 64.106 - Closing Receivership
When the threatened danger has abated and the estate of a missing person for whom a receiver was appointed under Section 64.001(d) is no longer ...
- Texas Civil Practice & Remedies Code Section 64.107 - Action Of Court
(a) If, on hearing the report and account required under Section 64.106, the court is satisfied that the danger of injury, loss, or waste has ...
- Texas Civil Practice & Remedies Code Section 64.108 - Recordation Of Proceedings
All orders, bonds, reports, accounts, and notices in the receivership proceedings under this subchapter shall be recorded in the minutes of the court. Added by ...
- Texas Civil Practice & Remedies Code Section 65.001 - Application Of Equity Principles
The principles governing courts of equity govern injunction proceedings if not in conflict with this chapter or other law. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 65.002 - Restraining Order Or Injunction Affecting Customer Of Financial Institution
Service or delivery of a restraining order or injunction affecting property held by a financial institution in the name of or on behalf of a ...
- Texas Civil Practice & Remedies Code Section 65.011 - Grounds Generally
A writ of injunction may be granted if: (1) the applicant is entitled to the relief demanded and all or part of the relief requires ...
- Texas Civil Practice & Remedies Code Section 65.012 - Operation Of Well Or Mine
(a) A court may issue an injunction or temporary restraining order prohibiting subsurface drilling or mining operations only if an adjacent landowner filing an application ...
- Texas Civil Practice & Remedies Code Section 65.013 - Stay Of Judgment Or Proceeding
An injunction may not be granted to stay a judgment or proceeding at law except to stay as much of the recovery or cause of ...
- Texas Civil Practice & Remedies Code Section 65.014 - Limitations On Stay Of Execution Of Judgment
(a) Except as provided by Subsection (b), an injunction to stay execution of a valid judgment may not be granted more than one year after ...
- Texas Civil Practice & Remedies Code Section 65.015 - Closing Of Streets
An injunction may not be granted to stay or prevent the governing body of an incorporated city from vacating, abandoning, or closing a street or ...
- Texas Civil Practice & Remedies Code Section 65.016 - Violation Of Revenue Law
At the instance of the county or district attorney or the attorney general, a court by injunction may prevent, prohibit, or restrain the violation of ...
- Texas Civil Practice & Remedies Code Section 65.021 - Jurisdiction Of Proceeding
(a) The judge of a district or county court in term or vacation shall hear and determine applications for writs of injunction. (b) This section ...
- Texas Civil Practice & Remedies Code Section 65.022 - Return Of Writ; Hearing By Nonresident Judge
(a) Except as provided by this section, a writ of injunction is returnable only to the court granting the writ. (b) A district judge may ...
- Texas Civil Practice & Remedies Code Section 65.023 - Place For Trial
(a) Except as provided by Subsection (b), a writ of injunction against a party who is a resident of this state shall be tried in ...
- Texas Civil Practice & Remedies Code Section 65.031 - Dissolution; Award Of Damages
If on final hearing a court dissolves in whole or in part an injunction enjoining the collection of money and the injunction was obtained only ...
- Texas Civil Practice & Remedies Code Section 65.041 - Bond Not Required For Issuance Of Temporary Restraining Order For Certain Indigent Applicants
A court may not require an applicant for a temporary restraining order to execute a bond to the adverse party before the order may issue ...
- Texas Civil Practice & Remedies Code Section 65.042 - Bond Not Required For Issuance Of Temporary Injunction For Certain Indigent Applicants
(a) A court may not require an applicant for a temporary injunction to execute a bond to the adverse party before the injunction may issue ...
- Texas Civil Practice & Remedies Code Section 65.043 - Affidavit
(a) The affidavit must contain complete information relating to each and every person liable for the indebtedness secured by or with an ownership interest in ...
- Texas Civil Practice & Remedies Code Section 65.044 - Contest Of Affidavit
(a) A party may not contest an affidavit filed by an applicant for a temporary restraining order as provided by Section 65.041. (b) A party ...
- Texas Civil Practice & Remedies Code Section 65.045 - Conflict With Texas Rules Of Civil Procedure
(a) To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure, this subchapter controls. (b) Notwithstanding Section 22.004, Government Code, the ...
- Texas Civil Practice & Remedies Code Section 66.001 - Grounds
An action in the nature of quo warranto is available if: (1) a person usurps, intrudes into, or unlawfully holds or executes a franchise or ...
- Texas Civil Practice & Remedies Code Section 66.002 - Initiation Of Suit
(a) If grounds for the remedy exist, the attorney general or the county or district attorney of the proper county may petition the district court ...
- Texas Civil Practice & Remedies Code Section 66.003 - Judgment
If the person against whom the information is filed is found guilty as charged, the court: (1) shall enter judgment removing the person from the ...
- Texas Civil Practice & Remedies Code Section 71.001 - Definitions
In this subchapter: (1) "Corporation" means a municipal, private, public, or quasi-public corporation other than a county or a common or independent school district. (2) ...
- Texas Civil Practice & Remedies Code Section 71.002 - Cause Of Action
(a) An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section. (b) ...
- Texas Civil Practice & Remedies Code Section 71.003 - Application; Certain Conduct Excepted
(a) This subchapter applies only if the individual injured would have been entitled to bring an action for the injury if the individual had lived ...
- Texas Civil Practice & Remedies Code Section 71.004 - Benefitting From And Bringing Action
(a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the ...
- Texas Civil Practice & Remedies Code Section 71.005 - Evidence Relating To Marital Status
In an action under this subchapter, evidence of the actual ceremonial remarriage of the surviving spouse is admissible, if it is true, but the defense ...
- Texas Civil Practice & Remedies Code Section 71.0055 - Evidence Of Pregnancy
In an action under this subchapter for the death of an individual who is an unborn child, the plaintiff shall provide medical or other evidence ...
- Texas Civil Practice & Remedies Code Section 71.006 - Effect Of Felonious Act
An action under this subchapter is not precluded because the death is caused by a felonious act or because there may be a criminal proceeding ...
- Texas Civil Practice & Remedies Code Section 71.007 - Ineffective Agreement
An agreement between the owner of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial ...
- Texas Civil Practice & Remedies Code Section 71.008 - Death Of Defendant
(a) If a defendant dies while an action under this subchapter is pending or if the individual against whom the action may have been instituted ...
- Texas Civil Practice & Remedies Code Section 71.009 - Exemplary Damages
When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be ...
- Texas Civil Practice & Remedies Code Section 71.010 - Award And Apportionment Of Damages
(a) The jury may award damages in an amount proportionate to the injury resulting from the death. (b) The damages awarded shall be divided, in ...
- Texas Civil Practice & Remedies Code Section 71.011 - Damages Not Subject To Debts
Damages recovered in an action under this subchapter are not subject to the debts of the deceased. Acts 1985, 69th Leg., ch. 959, § 1, ...
- Texas Civil Practice & Remedies Code Section 71.012 - Qualification Of Foreign Personal Representative
If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative ...
- Texas Civil Practice & Remedies Code Section 71.021 - Survival Of Cause Of Action
(a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death ...
- Texas Civil Practice & Remedies Code Section 71.022 - Qualification Of Foreign Personal Representative
If the executor or administrator of the estate of a nonresident individual is the plaintiff in an action under this subchapter, the foreign personal representative ...
- Texas Civil Practice & Remedies Code Section 71.031 - Act Or Omission Out Of State
(a) An action for damages for the death or personal injury of a citizen of this state, of the United States, or of a foreign ...
- Texas Civil Practice & Remedies Code Section 71.051 - Forum Non Conveniens
(a) Repealed by Acts 2003, 78th Leg., ch. 204, § 3.09. (b) If a court of this state, on written motion of a party, finds ...
- Texas Civil Practice & Remedies Code Section 72.001 - Limited Liability
A person who is related to the owner or operator of a motor vehicle within the second degree by consanguinity or affinity, as determined under ...
- Texas Civil Practice & Remedies Code Section 72.002 - Limitation Not Applicable
There is no limitation under this chapter on the liability of an owner or operator who is not related to the guest within the second ...
- Texas Civil Practice & Remedies Code Section 72.003 - Effect On Other Liability
(a) This chapter does not affect judicially developed or developing rules under which a person is or is not totally or partially immune from tort ...
- Texas Civil Practice & Remedies Code Section 72.004 - Offset For Medical Expenses Paid
(a) The owner or operator or his liability insurance carrier is entitled to an offset against any award made to the guest on a liability ...
- Texas Civil Practice & Remedies Code Section 73.001 - Elements Of Libel
A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to ...
- Texas Civil Practice & Remedies Code Section 73.002 - Privileged Matters
(a) The publication by a newspaper or other periodical of a matter covered by this section is privileged and is not a ground for a ...
- Texas Civil Practice & Remedies Code Section 73.003 - Mitigating Factors
(a) To determine the extent and source of actual damages and to mitigate exemplary damages, the defendant in a libel action may give evidence of ...
- Texas Civil Practice & Remedies Code Section 73.004 - Liability Of Broadcaster
(a) A broadcaster is not liable in damages for a defamatory statement published or uttered in or as a part of a radio or television ...
- Texas Civil Practice & Remedies Code Section 73.005 - Truth A Defense
The truth of the statement in the publication on which an action for libel is based is a defense to the action. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 73.006 - Other Defenses
This chapter does not affect the existence of common law, statutory law, or other defenses to libel. Acts 1985, 69th Leg., ch. 959, § 1, ...
- Texas Civil Practice & Remedies Code Section 74.001 - Definitions
(a) In this chapter: (1) "Affiliate" means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under ...
- Texas Civil Practice & Remedies Code Section 74.002 - Conflict With Other Law And Rules Of Civil Procedure
(a) In the event of a conflict between this chapter and another law, including a rule of procedure or evidence or court rule, this chapter ...
- Texas Civil Practice & Remedies Code Section 74.003 - Sovereign Immunity Not Waived
This chapter does not waive sovereign immunity from suit or from liability. Added by Acts 2003, 78th Leg., ch. 204, § 10.01, eff. Sept. 1, ...
- Texas Civil Practice & Remedies Code Section 74.004 - Exception From Certain Laws
(a) Notwithstanding any other law, Sections 17.41-17.63, Business & Commerce Code, do not apply to physicians or health care providers with respect to claims for ...
- Texas Civil Practice & Remedies Code Section 74.051 - Notice
(a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt ...
- Texas Civil Practice & Remedies Code Section 74.052 - Authorization Form For Release Of Protected Health Information
(a) Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section. Failure ...
- Texas Civil Practice & Remedies Code Section 74.053 - Pleadings Not To State Damage Amount; Special Exception; Exclusion From Section
Pleadings in a suit based on a health care liability claim shall not specify an amount of money claimed as damages. The defendant may file ...
- Texas Civil Practice & Remedies Code Section 74.101 - Theory Of Recovery
In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician ...
- Texas Civil Practice & Remedies Code Section 74.102 - Texas Medical Disclosure Panel
(a) The Texas Medical Disclosure Panel is created to determine which risks and hazards related to medical care and surgical procedures must be disclosed by ...
- Texas Civil Practice & Remedies Code Section 74.103 - Duties Of Disclosure Panel
(a) To the extent feasible, the panel shall identify and make a thorough examination of all medical treatments and surgical procedures in which physicians and ...
- Texas Civil Practice & Remedies Code Section 74.104 - Duty Of Physician Or Health Care Provider
Before a patient or a person authorized to consent for a patient gives consent to any medical care or surgical procedure that appears on the ...
- Texas Civil Practice & Remedies Code Section 74.105 - Manner Of Disclosure
Consent to medical care that appears on the disclosure panel's list requiring disclosure shall be considered effective under this chapter if it is given in ...
- Texas Civil Practice & Remedies Code Section 74.106 - Effect Of Disclosure
(a) In a suit against a physician or health care provider involving a health care liability claim that is based on the negligent failure of ...
- Texas Civil Practice & Remedies Code Section 74.107 - Informed Consent For Hysterectomies
(a) The disclosure panel shall develop and prepare written materials to inform a patient or person authorized to consent for a patient of the risks ...
- Texas Civil Practice & Remedies Code Section 74.151 - Liability For Emergency Care
(a) A person who in good faith administers emergency care, including using an automated external defibrillator, is not liable in civil damages for an act ...
- Texas Civil Practice & Remedies Code Section 74.152 - Unlicensed Medical Personnel
Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in ...
- Texas Civil Practice & Remedies Code Section 74.153 - Standard Of Proof In Cases Involving Emergency Medical Care
In a suit involving a health care liability claim against a physician or health care provider for injury to or death of a patient arising ...
- Texas Civil Practice & Remedies Code Section 74.154 - Jury Instructions In Cases Involving Emergency Medical Care
(a) In an action for damages that involves a claim of negligence arising from the provision of emergency medical care in a hospital emergency department ...
- Texas Civil Practice & Remedies Code Section 74.201 - Application Of Res Ipsa Loquitur
The common law doctrine of res ipsa loquitur shall only apply to health care liability claims against health care providers or physicians in those cases ...
- Texas Civil Practice & Remedies Code Section 74.251 - Statute Of Limitations On Health Care Liability Claims
(a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two ...
- Texas Civil Practice & Remedies Code Section 74.301 - Limitation On Noneconomic Damages
(a) In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a ...
- Texas Civil Practice & Remedies Code Section 74.302 - Alternative Limitation On Noneconomic Damages
(a) In the event that Section 74.301 is stricken from this subchapter or is otherwise to any extent invalidated by a method other than through ...
- Texas Civil Practice & Remedies Code Section 74.303 - Limitation On Damages
(a) In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care ...
- Texas Civil Practice & Remedies Code Section 74.351 - Expert Report
(a) In a health care liability claim, a claimant shall, not later than the 120th day after the date the original petition was filed, serve ...
- Texas Civil Practice & Remedies Code Section 74.352 - Discovery Procedures
(a) In every health care liability claim the plaintiff shall within 45 days after the date of filing of the original petition serve on the ...
- Texas Civil Practice & Remedies Code Section 74.401 - Qualifications Of Expert Witness In Suit Against Physician
(a) In a suit involving a health care liability claim against a physician for injury to or death of a patient, a person may qualify ...
- Texas Civil Practice & Remedies Code Section 74.402 - Qualifications Of Expert Witness In Suit Against Health Care Provider
(a) For purposes of this section, "practicing health care" includes: (1) training health care providers in the same field as the defendant health care provider ...
- Texas Civil Practice & Remedies Code Section 74.403 - Qualifications Of Expert Witness On Causation In Health Care Liability Claim
(a) Except as provided by Subsections (b) and (c), in a suit involving a health care liability claim against a physician or health care provider, ...
- Texas Civil Practice & Remedies Code Section 74.451 - Arbitration Agreements
(a) No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement ...
- Texas Civil Practice & Remedies Code Section 74.501 - Definitions
In this subchapter: (1) "Future damages" means damages that are incurred after the date of judgment for: (A) medical, health care, or custodial care services; ...
- Texas Civil Practice & Remedies Code Section 74.502 - Scope Of Subchapter
This subchapter applies only to an action on a health care liability claim against a physician or health care provider in which the present value ...
- Texas Civil Practice & Remedies Code Section 74.503 - Court Order For Periodic Payments
(a) At the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services ...
- Texas Civil Practice & Remedies Code Section 74.504 - Release
The entry of an order for the payment of future damages by periodic payments constitutes a release of the health care liability claim filed by ...
- Texas Civil Practice & Remedies Code Section 74.505 - Financial Responsibility
(a) As a condition to authorizing periodic payments of future damages, the court shall require a defendant who is not adequately insured to provide evidence ...
- Texas Civil Practice & Remedies Code Section 74.506 - Death Of Recipient
(a) On the death of the recipient, money damages awarded for loss of future earnings continue to be paid to the estate of the recipient ...
- Texas Civil Practice & Remedies Code Section 74.507 - Award Of Attorney's Fees
For purposes of computing the award of attorney's fees when the claimant is awarded a recovery that will be paid in periodic payments, the court ...
- Texas Civil Practice & Remedies Code Section 75.001 - Definitions
In this chapter: (1) "Agricultural land" means land that is located in this state and that is suitable for: (A) use in production of plants ...
- Texas Civil Practice & Remedies Code Section 75.002 - Liability Limited
(a) An owner, lessee, or occupant of agricultural land: (1) does not owe a duty of care to a trespasser on the land; and (2) ...
- Texas Civil Practice & Remedies Code Section 75.003 - Application And Effect Of Chapter
(a) This chapter does not relieve any owner, lessee, or occupant of real property of any liability that would otherwise exist for deliberate, wilful, or ...
- Texas Civil Practice & Remedies Code Section 75.004 - Limitation On Monetary Damages For Private Landowners
(a) Subject to Subsection (b), the liability of an owner, lessee, or occupant of agricultural land used for recreational purposes for an act or omission ...
- Texas Civil Practice & Remedies Code Section 76.001 - Definitions
In this chapter: (1) "Donate" means to give without requiring anything of monetary value from the recipient. (2) "Intentional misconduct" means conduct that the actor ...
- Texas Civil Practice & Remedies Code Section 76.002 - Short Title
This chapter may be cited as the Good Faith Donor Act. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 76.003 - Apparently Wholesome Food
For the purposes of this chapter, food is apparently wholesome if the food meets all quality standards of local, county, state, and federal agricultural and ...
- Texas Civil Practice & Remedies Code Section 76.004 - Liability For Damages From Donated Food
(a) A person or gleaner is not subject to civil or criminal liability arising from the condition of apparently wholesome food that the person or ...
- Texas Civil Practice & Remedies Code Section 77.001 - Definition
In this chapter, "human body part" means any tissue, organ, blood, or components thereof from a human. Acts 1985, 69th Leg., ch. 959, § 1, ...
- Texas Civil Practice & Remedies Code Section 77.002 - Policy
It is important to the health and welfare of the people of this state that scientific knowledge, skills, and materials be available for the procedures ...
- Texas Civil Practice & Remedies Code Section 77.003 - Limitation Of Liability
(a) A person who donates, obtains, prepares, transplants, injects, transfuses, or transfers a human body part from a living or dead human to another human ...
- Texas Civil Practice & Remedies Code Section 77.004 - Blood Bank: Compensation Of Seller
(a) This section applies only to a blood bank licensed either by the Division of Biological Standards of the National Institute of Health or by ...
- Texas Civil Practice & Remedies Code Section 78.001 - Liability
A volunteer fire fighter or a volunteer fire department is not liable for damage to property resulting from the fire fighter's or the department's reasonable ...
- Texas Civil Practice & Remedies Code Section 78.051 - Definitions
In this subchapter: (1) "Fire emergency" means an emergency response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services. (2) "Fire ...
- Texas Civil Practice & Remedies Code Section 78.052 - Applicability Of Subchapter: Marine Fire Emergency
This subchapter applies only to damages for personal injury, death, or property damage arising from an error or omission of: (1) a nonprofit fire department ...
- Texas Civil Practice & Remedies Code Section 78.053 - Liability
(a) A nonprofit fire department is liable for damages described by Section 78.052 only to the extent that the governmental unit with which the nonprofit ...
- Texas Civil Practice & Remedies Code Section 78.054 - Individual Immunities
A fire fighter is liable for damages described by Section 78.052 only to the extent an analogous employee of the governmental unit with which the ...
- Texas Civil Practice & Remedies Code Section 78.101 - Definitions
In this subchapter: (1) "Emergency response" means a response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services. (2) "Volunteer fire ...
- Texas Civil Practice & Remedies Code Section 78.102 - Applicability Of Subchapter: Emergency Response
This subchapter applies only to damages for personal injury, death, or property damage, other than property damage to which Subchapter A applies, arising from an ...
- Texas Civil Practice & Remedies Code Section 78.103 - Liability Of Volunteer Fire Department
A volunteer fire department is: (1) liable for damages described by Section 78.102 only to the extent that a county providing the same or similar ...
- Texas Civil Practice & Remedies Code Section 78.104 - Liability Of Volunteer Fire Fighter
A volunteer fire fighter is: (1) liable for damages described by Section 78.102 only to the extent that an employee providing the same or similar ...
- Texas Civil Practice & Remedies Code Section 79.001 - Definitions
In this chapter: (1) "Hazardous material" means: (A) a substance classified as a hazardous material under state or federal law or under a rule adopted ...
- Texas Civil Practice & Remedies Code Section 79.002 - Hazardous Materials
(a) Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person is immune from civil liability for an act or ...
- Texas Civil Practice & Remedies Code Section 79.003 - Disaster Assistance
(a) Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person is immune from civil liability for an act or ...
- Texas Civil Practice & Remedies Code Section 80.001 - Definition
In this chapter, "sign" means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or any other thing that is ...
- Texas Civil Practice & Remedies Code Section 80.002 - Trespass
A trespass occurs when an individual: (1) erects or places a sign on premises without the permission of the owner of the premises; or (2) ...
- Texas Civil Practice & Remedies Code Section 80.003 - Damages
(a) The owner of the premises is entitled to recover damages equal to the amount of payments received by or accruing to the owner of ...
- Texas Civil Practice & Remedies Code Section 81.001 - Definitions
In this chapter: (1) "Mental health services" means assessment, diagnosis, treatment, or counseling in a professional relationship to assist an individual or group in: (A) ...
- Texas Civil Practice & Remedies Code Section 81.002 - Sexual Exploitation Cause Of Action
A mental health services provider is liable to a patient or former patient of the mental health services provider for damages for sexual exploitation if ...
- Texas Civil Practice & Remedies Code Section 81.003 - Liability Of Employer
(a) An employer of a mental health services provider is liable to a patient or former patient of the mental health services provider for damages ...
- Texas Civil Practice & Remedies Code Section 81.004 - Damages
(a) A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other ...
- Texas Civil Practice & Remedies Code Section 81.005 - Defenses
(a) It is not a defense to an action brought under Section 81.002 or 81.003 that the sexual exploitation of the patient or former patient ...
- Texas Civil Practice & Remedies Code Section 81.006 - Duty To Report
(a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has ...
- Texas Civil Practice & Remedies Code Section 81.007 - Limited Immunity From Liability
(a) A person who, in good faith, makes a report required by Section 81.006 is immune from civil or criminal liability resulting from the filing ...
- Texas Civil Practice & Remedies Code Section 81.008 - Admission Of Evidence
(a) In an action for sexual exploitation, evidence of the plaintiff's sexual history and reputation is not admissible unless: (1) the plaintiff claims damage to ...
- Texas Civil Practice & Remedies Code Section 81.009 - Limitations
(a) Except as otherwise provided by this section, an action under this chapter must be filed before the third anniversary of the date the patient ...
- Texas Civil Practice & Remedies Code Section 81.010 - Injunctive Relief Against Governmental Units
(a) In this section, "governmental unit" has the meaning assigned by Section 101.001(3)(B). (b) Subject to Subsection (c), a patient, a former patient, or another ...
- Texas Civil Practice & Remedies Code Section 82.001 - Definitions
In this chapter: (1) "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant. (2) "Products liability action" means any action against a ...
- Texas Civil Practice & Remedies Code Section 82.002 - Manufacturer's Duty To Indemnify
(a) A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by ...
- Texas Civil Practice & Remedies Code Section 82.003 - Liability Of Nonmanufacturing Sellers
(a) A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves: ...
- Texas Civil Practice & Remedies Code Section 82.004 - Inherently Unsafe Products
(a) In a products liability action, a manufacturer or seller shall not be liable if: (1) the product is inherently unsafe and the product is ...
- Texas Civil Practice & Remedies Code Section 82.005 - Design Defects
(a) In a products liability action in which a claimant alleges a design defect, the burden is on the claimant to prove by a preponderance ...
- Texas Civil Practice & Remedies Code Section 82.006 - Firearms And Ammunition
(a) In a products liability action brought against a manufacturer or seller of a firearm or ammunition that alleges a design defect in the firearm ...
- Texas Civil Practice & Remedies Code Section 82.007 - Medicines
(a) In a products liability action alleging that an injury was caused by a failure to provide adequate warnings or information with regard to a ...
- Texas Civil Practice & Remedies Code Section 82.008 - Compliance With Government Standards
(a) In a products liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is ...
- Texas Civil Practice & Remedies Code Section 83.001 - Affirmative Defense
It is an affirmative defense to a civil action for damages for personal injury or death that the defendant, at the time the cause of ...
- Texas Civil Practice & Remedies Code Section 84.001 - Name Of Act
This Act may be cited as the Charitable Immunity and Liability Act of 1987. Added by Acts 1987, 70th Leg., ch. 370, § 1, eff. ...
- Texas Civil Practice & Remedies Code Section 84.002 - Findings And Purposes
The Legislature of the State of Texas finds that: (1) robust, active, bona fide, and well-supported charitable organizations are needed within Texas to perform essential ...
- Texas Civil Practice & Remedies Code Section 84.003 - Definitions
In this chapter: (1) "Charitable organization" means: (A) any organization exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 ...
- Texas Civil Practice & Remedies Code Section 84.004 - Volunteer Liability
(a) Except as provided by Subsection (d) and Section 84.007, a volunteer of a charitable organization is immune from civil liability for any act or ...
- Texas Civil Practice & Remedies Code Section 84.005 - Employee Liability
Except as provided in Section 84.007 of this Act, in any civil action brought against an employee of a nonhospital charitable organization for damages based ...
- Texas Civil Practice & Remedies Code Section 84.006 - Organization Liability
Except as provided in Section 84.007 of this Act, in any civil action brought against a nonhospital charitable organization for damages based on an act ...
- Texas Civil Practice & Remedies Code Section 84.0061 - Organizational Liability For Transportation Services Provided To Certain Welfare Recipients
(a) In this section, "religious charitable organization" means a charitable organization that is also a "religious organization" as the term is defined by Section 464.051, ...
- Texas Civil Practice & Remedies Code Section 84.0065 - Organization Liability Of Hospitals
(a) Except as provided by Section 84.007, in any civil action brought against a hospital or hospital system, or its employees, officers, directors, or volunteers, ...
- Texas Civil Practice & Remedies Code Section 84.007 - Applicability
(a) This chapter does not apply to an act or omission that is intentional, wilfully negligent, or done with conscious indifference or reckless disregard for ...
- Texas Civil Practice & Remedies Code Section 84.008 - Severability
If any clause or provision of this chapter or its application to any person or organization is held unconstitutional, such invalidity does not affect other ...
- Texas Civil Practice & Remedies Code Section 85.001 - Definitions
In this chapter: (1) "Claimant" means a party seeking to recover damages under this chapter, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff. In an ...
- Texas Civil Practice & Remedies Code Section 85.002 - Liability
A defendant is liable, as provided by this chapter, to a claimant for damages arising from stalking of the claimant by the defendant. Added by ...
- Texas Civil Practice & Remedies Code Section 85.003 - Proof
(a) A claimant proves stalking against a defendant by showing: (1) on more than one occasion the defendant engaged in harassing behavior; (2) as a ...
- Texas Civil Practice & Remedies Code Section 85.004 - Damages
A claimant who prevails in a suit under this chapter may recover actual damages and, subject to Chapter 41, exemplary damages. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 85.005 - Defense
It is a defense to an action brought under this chapter that the defendant was engaged in conduct that consisted of activity in support of ...
- Texas Civil Practice & Remedies Code Section 85.006 - Cause Of Action Cumulative
The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute. Added by Acts 1995, 74th ...
- Texas Civil Practice & Remedies Code Section 86.001 - Definition
In this chapter, "claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party claimant, seeking recovery of damages. Added by Acts 1995, 74th Leg., ...
- Texas Civil Practice & Remedies Code Section 86.002 - Recovery Of Damages For Injury To Convicted Person Prohibited
(a) A claimant who has been convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the ...
- Texas Civil Practice & Remedies Code Section 86.003 - Derivative Claims
Section 86.002 applies to a claim for damages made by a claimant other than a convicted person if: (1) the claimant's right to recovery results ...
- Texas Civil Practice & Remedies Code Section 86.004 - Claimant Liable For Court Costs And Fees And Attorney's Fees
A claimant who is barred from recovery under this chapter is liable to the person against whom the claim is brought for court costs and ...
- Texas Civil Practice & Remedies Code Section 86.005 - Certain Traffic Law Violations Excluded
This chapter does not apply to a claim arising from an offense defined by Subtitle C, Title 7, Transportation Code. Added by Acts 1995, 74th ...
- Texas Civil Practice & Remedies Code Section 86.006 - Convicted Person
For purposes of this chapter, a person is considered convicted in a case if: (1) sentence is imposed; or (2) the person receives a fine, ...
- Texas Civil Practice & Remedies Code Section 86.007 - Applicability
This chapter does not apply to: (1) a claim for an injury sustained during the commission of an offense under Section 30.05, Penal Code, other ...
- Texas Civil Practice & Remedies Code Section 87.001 - Definitions
In this chapter: (1) "Engages in an equine activity" means riding, handling, training, driving, assisting in the medical treatment of, being a passenger on, or ...
- Texas Civil Practice & Remedies Code Section 87.002 - Applicability Of Chapter
This chapter does not apply to an activity regulated by the Texas Racing Commission. Added by Acts 1995, 74th Leg., ch. 549, § 1, eff. ...
- Texas Civil Practice & Remedies Code Section 87.003 - Limitation On Liability
Except as provided by Section 87.004, any person, including an equine activity sponsor, equine professional, livestock show participant, or livestock show sponsor, is not liable ...
- Texas Civil Practice & Remedies Code Section 87.004 - Exceptions To Limitation On Liability
A person, including an equine activity sponsor, equine professional, livestock show participant, or livestock show sponsor, is liable for property damage or damages arising from ...
- Texas Civil Practice & Remedies Code Section 87.005 - Warning Notice
(a) An equine professional shall post and maintain a sign that contains the warning contained in Subsection (c) if the professional manages or controls a ...
- Texas Civil Practice & Remedies Code Section 88.001 - Definitions
In this chapter: (1) "Appropriate and medically necessary" means the standard for health care services as determined by physicians and health care providers in accordance ...
- Texas Civil Practice & Remedies Code Section 88.0015 - Inapplicability To Erisa-Regulated Employee Benefit Plan
This chapter does not apply to an employee benefit plan regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et ...
- Texas Civil Practice & Remedies Code Section 88.002 - Application
(a) A health insurance carrier, health maintenance organization, or other managed care entity for a health care plan has the duty to exercise ordinary care ...
- Texas Civil Practice & Remedies Code Section 88.003 - Limitations On Cause Of Action
(a) A person may not maintain a cause of action under this chapter against a health insurance carrier, health maintenance organization, or other managed care ...
- Texas Civil Practice & Remedies Code Section 89.001 - Definitions
In this chapter: (1) "Device" means braces, artificial appliances, durable medical equipment, and other medical supplies. The term does not include a medical device that ...
- Texas Civil Practice & Remedies Code Section 89.002 - Liability For Damages From Donated Device
A person authorized to possess a device is not liable for personal injury, property damage, or death resulting from the nature, age, packaging, or condition ...
- Texas Civil Practice & Remedies Code Section 89.003 - Exceptions
(a) This chapter does not apply to a person who donates a device: (1) knowing that use of the device would be harmful to the ...
- Texas Civil Practice & Remedies Code Section 90.001 - Definitions
In this chapter: (1) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated ...
- Texas Civil Practice & Remedies Code Section 90.002 - Pulmonary Function Testing
Pulmonary function testing required by this chapter must be interpreted by a physician: (1) who is licensed in this state or another state of the ...
- Texas Civil Practice & Remedies Code Section 90.003 - Reports Required For Claims Involving Asbestos-Related Injury
(a) A claimant asserting an asbestos-related injury must serve on each defendant the following information: (1) a report by a physician who is board certified ...
- Texas Civil Practice & Remedies Code Section 90.004 - Reports Required For Claims Involving Silica-Related Injury
(a) A claimant asserting a silica-related injury must serve on each defendant a report by a physician who is board certified in pulmonary medicine, internal ...
- Texas Civil Practice & Remedies Code Section 90.005 - Prohibited Basis For Diagnosis
(a) For purposes of this chapter, a physician may not, as the basis for a diagnosis, rely on the reports or opinions of any doctor, ...
- Texas Civil Practice & Remedies Code Section 90.006 - Serving Reports
(a) In an action filed on or after the date this chapter becomes law, a report prescribed by Section 90.003 or 90.004 must be served ...
- Texas Civil Practice & Remedies Code Section 90.007 - Motion To Dismiss
(a) In an action filed on or after the date this chapter becomes law, if a claimant fails to timely serve a report on a ...
- Texas Civil Practice & Remedies Code Section 90.008 - Voluntary Dismissal
Before serving a report required by Section 90.003 or 90.004, a claimant seeking damages arising from an asbestos-related injury or silica-related injury may voluntarily dismiss ...
- Texas Civil Practice & Remedies Code Section 90.009 - Joinder Of Claimants
Unless all parties agree otherwise, claims relating to more than one exposed person may not be joined for a single trial. Added by Acts 2005, ...
- Texas Civil Practice & Remedies Code Section 90.010 - Multidistrict Litigation Proceedings
(a) The MDL rules apply to any action pending on the date this chapter becomes law in which the claimant alleges personal injury or death ...
- Texas Civil Practice & Remedies Code Section 90.011 - Bankruptcy
Nothing in this chapter is intended to affect the rights of any party in a bankruptcy proceeding or affect the ability of any person to ...
- Texas Civil Practice & Remedies Code Section 90.012 - Supreme Court Rulemaking
The supreme court may promulgate amendments to the Texas Rules of Civil Procedure regarding the joinder of claimants in asbestos-related actions or silica-related actions if ...
- Texas Civil Practice & Remedies Code Section 91.001 - Definitions
In this chapter: (1) "Health care practitioner" means a person who is licensed: (A) to practice medicine under Subtitle B, Title 3, Occupations Code; (B) ...
- Texas Civil Practice & Remedies Code Section 91.002 - Health Care Practitioner Liability
Subject to Section 91.003, a health care practitioner who, without compensation or expectation of compensation, conducts a physical examination or medical screening of a patient ...
- Texas Civil Practice & Remedies Code Section 91.003 - Insurance Required
(a) Section 91.002 applies only to a health care practitioner who has liability insurance coverage in effect to cover any act or omission to which ...
- Texas Civil Practice & Remedies Code Section 91.004 - Applicability
(a) This chapter does not apply to an act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless ...
- Texas Civil Practice & Remedies Code Section 93.001 - Assumption Of The Risk: Affirmative Defense
(a) It is an affirmative defense to a civil action for damages for personal injury or death that the plaintiff, at the time the cause ...
- Texas Civil Practice & Remedies Code Section 93.002 - Dry Fire Hydrants: Affirmative Defense
(a) It is an affirmative defense to a civil action for damages brought against a defendant who is an owner, lessee, or occupant of real ...
- Texas Civil Practice & Remedies Code Section 95.001 - Definitions
In this chapter: (1) "Claim" means a claim for damages caused by negligence, including a counterclaim, cross-claim, or third party claim. (2) "Claimant" means a ...
- Texas Civil Practice & Remedies Code Section 95.002 - Applicability
This chapter applies only to a claim: (1) against a property owner, contractor, or subcontractor for personal injury, death, or property damage to an owner, ...
- Texas Civil Practice & Remedies Code Section 95.003 - Liability For Acts Of Independent Contractors
A property owner is not liable for personal injury, death, or property damage to a contractor, subcontractor, or an employee of a contractor or subcontractor ...
- Texas Civil Practice & Remedies Code Section 95.004 - Evidence Admissible
In the trial of a case against a contractor, subcontractor, or property owner for personal injury, property damage, or death to a contractor, a subcontractor, ...
- Texas Civil Practice & Remedies Code Section 96.001 - Definition
In this chapter, "perishable food product" means a food product of agriculture or aquaculture that is sold or distributed in a form that will perish ...
- Texas Civil Practice & Remedies Code Section 96.002 - Liability
(a) A person is liable as provided by Subsection (b) if: (1) the person disseminates in any manner information relating to a perishable food product ...
- Texas Civil Practice & Remedies Code Section 96.003 - Proof
In determining if information is false, the trier of fact shall consider whether the information was based on reasonable and reliable scientific inquiry, facts, or ...
- Texas Civil Practice & Remedies Code Section 96.004 - Certain Marketing Or Labeling Excluded
A person is not liable under this chapter for marketing or labeling any agricultural product in a manner that indicates that the product: (1) was ...
- Texas Civil Practice & Remedies Code Section 97.001 - Liability Of Correctional Facilities And Officers Barred For Certain Acts Of Inmates
A correctional facility or an officer or employee of a correctional facility is not liable for damages arising from an act committed by a person ...
- Texas Civil Practice & Remedies Code Section 97.002 - Limit On Liability Of Certain Highway, Road, And Street Contractors.
A contractor who constructs or repairs a highway, road, or street for the Texas Department of Transportation is not liable to a claimant for personal ...
- Texas Civil Practice & Remedies Code Section 99.001 - Applicability
This chapter applies only to a person who manufactures methamphetamine in violation of Section 481.112, Health and Safety Code, without regard to whether the person ...
- Texas Civil Practice & Remedies Code Section 99.002 - Strict Liability For Damages Arising From Manufacture
A person who manufactures methamphetamine is strictly liable for damages for personal injury, death, or property damage arising from the manufacture. Added by Acts 2001, ...
- Texas Civil Practice & Remedies Code Section 99.003 - Strict Liability And Minimum Damages For Exposure
A person who manufactures methamphetamine is strictly liable for any exposure by an individual to the manufacturing process, including exposure to the methamphetamine itself or ...
- Texas Civil Practice & Remedies Code Section 99.004 - Joint And Several Liability
A person who manufactures methamphetamine and is found liable under this chapter or other law for any amount of damages arising from the manufacture is ...
- Texas Civil Practice & Remedies Code Section 99.005 - Chapter 33 Does Not Apply
Chapter 33 does not apply in an action for damages arising from the manufacture of methamphetamine. Added by Acts 2001, 77th Leg., ch. 643, § ...
- Texas Civil Practice & Remedies Code Section 99.006 - No Limitation On Exemplary Damages
Section 41.008(b) does not apply in an action for damages arising from the manufacture of methamphetamine. Added by Acts 2001, 77th Leg., ch. 643, § ...
- Texas Civil Practice & Remedies Code Section 100.001 - Affirmative Defense
It is an affirmative defense to a civil action for damages for personal injury or death brought against a person performing duties under Article 2.122(f), ...
- Texas Civil Practice & Remedies Code Section 101.001 - Definitions
In this chapter: (1) "Emergency service organization" means a volunteer fire department, rescue squad, or an emergency medical services provider that is: (A) operated by ...
- Texas Civil Practice & Remedies Code Section 101.002 - Short Title
This chapter may be cited as the Texas Tort Claims Act. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 101.003 - Remedies Additional
The remedies authorized by this chapter are in addition to any other legal remedies. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, ...
- Texas Civil Practice & Remedies Code Section 101.021 - Governmental Liability
A governmental unit in the state is liable for: (1) property damage, personal injury, and death proximately caused by the wrongful act or omission or ...
- Texas Civil Practice & Remedies Code Section 101.0211 - No Liability For Joint Enterprise
The common law doctrine of vicarious liability because of participation in a joint enterprise does not impose liability on a water district created pursuant to ...
- Texas Civil Practice & Remedies Code Section 101.0215 - Liability Of A Municipality
(a) A municipality is liable under this chapter for damages arising from its governmental functions, which are those functions that are enjoined on a municipality ...
- Texas Civil Practice & Remedies Code Section 101.022 - Duty Owed: Premise And Special Defects
(a) Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty ...
- Texas Civil Practice & Remedies Code Section 101.023 - Limitation On Amount Of Liability
(a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 ...
- Texas Civil Practice & Remedies Code Section 101.024 - Exemplary Damages
This chapter does not authorize exemplary damages. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 101.025 - Waiver Of Governmental Immunity; Permission To Sue
(a) Sovereign immunity to suit is waived and abolished to the extent of liability created by this chapter. (b) A person having a claim under ...
- Texas Civil Practice & Remedies Code Section 101.026 - Individual's Immunity Preserved
To the extent an employee has individual immunity from a tort claim for damages, it is not affected by this chapter. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 101.027 - Liability Insurance
(a) Each governmental unit other than a unit of state government may purchase insurance policies protecting the unit and the unit's employees against claims under ...
- Texas Civil Practice & Remedies Code Section 101.028 - Workers' Compensation Insurance
A governmental unit that has workers' compensation insurance or that accepts the workers' compensation laws of this state is entitled to the privileges and immunities ...
- Texas Civil Practice & Remedies Code Section 101.029 - Liability For Certain Conduct Of State Prison Inmates
(a) The Department of Criminal Justice is liable for property damage, personal injury, and death proximately caused by the wrongful act or omission or the ...
- Texas Civil Practice & Remedies Code Section 101.051 - School And Junior College Districts Partially Excluded
Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 101.052 - Legislative
This chapter does not apply to a claim based on an act or omission of the legislature or a member of the legislature acting in ...
- Texas Civil Practice & Remedies Code Section 101.053 - Judicial
(a) This chapter does not apply to a claim based on an act or omission of a court of this state or any member of ...
- Texas Civil Practice & Remedies Code Section 101.054 - State Military Personnel
This chapter does not apply to a claim arising from the activities of the state military forces when on active duty under the lawful orders ...
- Texas Civil Practice & Remedies Code Section 101.055 - Certain Governmental Functions
This chapter does not apply to a claim arising: (1) in connection with the assessment or collection of taxes by a governmental unit; (2) from ...
- Texas Civil Practice & Remedies Code Section 101.056 - Discretionary Powers
This chapter does not apply to a claim based on: (1) the failure of a governmental unit to perform an act that the unit is ...
- Texas Civil Practice & Remedies Code Section 101.057 - Civil Disobedience And Certain Intentional Torts
This chapter does not apply to a claim: (1) based on an injury or death connected with any act or omission arising out of civil ...
- Texas Civil Practice & Remedies Code Section 101.058 - Landowner's Liability
To the extent that Chapter 75 limits the liability of a governmental unit under circumstances in which the governmental unit would be liable under this ...
- Texas Civil Practice & Remedies Code Section 101.059 - Attractive Nuisances
This chapter does not apply to a claim based on the theory of attractive nuisance. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. ...
- Texas Civil Practice & Remedies Code Section 101.060 - Traffic And Road Control Devices
(a) This chapter does not apply to a claim arising from: (1) the failure of a governmental unit initially to place a traffic or road ...
- Texas Civil Practice & Remedies Code Section 101.061 - Tort Committed Before January 1, 1970
This chapter does not apply to a claim based on an act or omission that occurred before January 1, 1970. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 101.062 - 9-1-1 Emergency Service
(a) In this section, "9-1-1 service" and "public agency" have the meanings assigned those terms by Section 771.001, Health and Safety Code. (b) This chapter ...
- Texas Civil Practice & Remedies Code Section 101.063 - Members Of Public Health District
A governmental unit that is a member of a public health district is not liable under this chapter for any conduct of the district's personnel ...
- Texas Civil Practice & Remedies Code Section 101.064 - Land Acquired Under Foreclosure Of Lien
(a) This section applies only to a municipality that acquires land at a sale following the foreclosure of a lien held by the municipality. (b) ...
- Texas Civil Practice & Remedies Code Section 101.065 - Negligence Of Off-Duty Law Enforcement Officers
This chapter does not apply to the wrongful act or omission or the negligence of an officer commissioned by the Department of Public Safety if ...
- Texas Civil Practice & Remedies Code Section 101.066 - Computer Date Failure
This chapter does not apply to a claim for property damage caused by a computer date failure as described by Section 147.003. Added by Acts ...
- Texas Civil Practice & Remedies Code Section 101.101 - Notice
(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day ...
- Texas Civil Practice & Remedies Code Section 101.102 - Commencement Of Suit
(a) A suit under this chapter shall be brought in state court in the county in which the cause of action or a part of ...
- Texas Civil Practice & Remedies Code Section 101.103 - Legal Representation
(a) The attorney general shall defend each action brought under this chapter against a governmental unit that has authority and jurisdiction coextensive with the geographical ...
- Texas Civil Practice & Remedies Code Section 101.104 - Evidence Of Insurance Coverage
(a) Neither the existence nor the amount of insurance held by a governmental unit is admissible in the trial of a suit under this chapter. ...
- Texas Civil Practice & Remedies Code Section 101.105 - Settlement
(a) A cause of action under this chapter may be settled and compromised by the governmental unit if, in a case involving the state the ...
- Texas Civil Practice & Remedies Code Section 101.106 - Election Of Remedies
(a) The filing of a suit under this chapter against a governmental unit constitutes an irrevocable election by the plaintiff and immediately and forever bars ...
- Texas Civil Practice & Remedies Code Section 101.107 - Payment And Collection Of Judgment
(a) A judgment in a suit under this chapter may be enforced only in the same manner and to the same extent as other judgments ...
- Texas Civil Practice & Remedies Code Section 101.108 - Ad Valorem Taxes For Payment Of Judgment
(a) A governmental unit not fully covered by liability insurance may levy an ad valorem tax for the payment of any final judgment under this ...
- Texas Civil Practice & Remedies Code Section 101.109 - Payment Of Claims Against Certain Universities
A claim under this chapter against a state-supported senior college or university is payable only by a direct legislative appropriation made to satisfy claims unless ...
- Texas Civil Practice & Remedies Code Section 102.001 - Definitions
In this chapter: (1) "Employee" includes an officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of an officer, volunteer, or ...
- Texas Civil Practice & Remedies Code Section 102.002 - Payment Of Certain Tort Claims
(a) A local government may pay actual damages awarded against an employee of the local government if the damages: (1) result from an act or ...
- Texas Civil Practice & Remedies Code Section 102.003 - Maximum Payments
Payments under this chapter by a local government may not exceed: (1) $100,000 to any one person or $300,000 for any single occurrence in the ...
- Texas Civil Practice & Remedies Code Section 102.004 - Defense Counsel
(a) A local government may provide legal counsel to represent a defendant for whom the local government may pay damages under this chapter. The counsel ...
- Texas Civil Practice & Remedies Code Section 102.005 - Security For Court Costs Not Required
In a case defended under this chapter, neither the defendant nor a local government is required to advance security for costs or to give bond ...
- Texas Civil Practice & Remedies Code Section 102.006 - Other Laws Not Affected
This chapter does not affect: (1) Chapter 101 of this code (the Texas Tort Claims Act); or (2) a defense, immunity, or jurisdictional bar available ...
- Texas Civil Practice & Remedies Code Section 103.001 - Claimants Entitled To Compensation
(a) A person is entitled to compensation if: (1) the person has served in whole or in part a sentence in prison under the laws ...
- Texas Civil Practice & Remedies Code Section 103.002 - Choice Of Compensation Method
A person entitled to compensation under Section 103.001 may proceed by following the provisions for administratively awarded compensation under Subchapter B or by filing suit ...
- Texas Civil Practice & Remedies Code Section 103.003 - Limitation On Time To File
Not later than the third anniversary of the date the person received the pardon or was found not guilty as required by Section 103.001, a ...
- Texas Civil Practice & Remedies Code Section 103.051 - Application Procedure
(a) To apply for compensation under this subchapter, the claimant must file with the comptroller's judiciary section: (1) an application for compensation provided for that ...
- Texas Civil Practice & Remedies Code Section 103.052 - Amount And Timing Of Compensation
(a) A person who meets the requirements of Section 103.001 is entitled to compensation in an amount equal to: (1) $25,000 multiplied by the number ...
- Texas Civil Practice & Remedies Code Section 103.101 - Waiver Of Immunity; Filing Suit
(a) A person may bring a suit against the state under this subchapter, and the state's immunity from the suit is waived. (b) The suit ...
- Texas Civil Practice & Remedies Code Section 103.102 - Standard Of Proof
The petitioner must establish by a preponderance of the evidence that the petitioner is entitled to compensation and the amount of compensation to which the ...
- Texas Civil Practice & Remedies Code Section 103.103 - Insufficient State Defenses
The following are not defenses to an action brought under this chapter: (1) the judgment of conviction in the trial that resulted in the claimant's ...
- Texas Civil Practice & Remedies Code Section 103.104 - Admissible Evidence
(a) In the suit, the court may admit as evidence the record of the trial at which the petitioner was convicted and the pardon or ...
- Texas Civil Practice & Remedies Code Section 103.105 - Damages
(a) If the trier of fact finds that the petitioner is entitled to compensation, the petitioner is entitled to: (1) expenses incurred by the petitioner ...
- Texas Civil Practice & Remedies Code Section 103.151 - Administrative Payment Of Compensation
(a) The comptroller shall make the first installment payment due an applicant under Subchapter B, to the extent that funds are available and appropriated for ...
- Texas Civil Practice & Remedies Code Section 103.152 - Payment Of Compensation
(a) Not later than November 1 of each even-numbered year, the comptroller shall provide a list of claimants entitled to payment under Subchapter B or ...
- Texas Civil Practice & Remedies Code Section 103.153 - Employees Not Liable After Payment Of Compensation
(a) In this section, "employee" and "governmental unit" have the meanings assigned by Section 101.001. (b) A person who receives compensation under this chapter may ...
- Texas Civil Practice & Remedies Code Section 103.154 - Termination Of Payments
(a) Compensation payments to a person under this chapter terminate if, after the date the person becomes eligible for compensation under Section 103.001, the person ...
- Texas Civil Practice & Remedies Code Section 104.001 - State Liability; Persons Covered
In a cause of action based on conduct described in Section 104.002, the state shall indemnify the following persons, without regard to whether the persons ...
- Texas Civil Practice & Remedies Code Section 104.002 - State Liability; Conduct Covered
(a) Except as provided by Subsection (b), the state is liable for indemnification under this chapter only if the damages are based on an act ...
- Texas Civil Practice & Remedies Code Section 104.003 - Limits On Amount Of Recoverable Damages
(a) Except as provided by Subsection (c) or a specific appropriation, state liability for indemnification under this chapter may not exceed: (1) $100,000 to a ...
- Texas Civil Practice & Remedies Code Section 104.0035 - State Liability; Criminal Prosecution
(a) The state shall indemnify a person for reasonable attorney's fees incurred in defense of a criminal prosecution against the person if: (1) the person ...
- Texas Civil Practice & Remedies Code Section 104.004 - Defense By Attorney General
(a) The attorney general shall defend a public servant or estate listed in Section 104.001 in a cause of action covered by this chapter. (b) ...
- Texas Civil Practice & Remedies Code Section 104.005 - Service Of Process Or Timely Notice To Attorney General Required
Except as provided by Section 104.0035, the state is not liable for the defense of an action covered by this chapter or for damages, court ...
- Texas Civil Practice & Remedies Code Section 104.006 - Security Or Bond
In a cause of action defended by the attorney general under this chapter, the attorney general or the individual or estate represented may not be ...
- Texas Civil Practice & Remedies Code Section 104.007 - Funds For Defense
(a) Only funds appropriated from the General Revenue Fund to the attorney general may be used to conduct the defense of an action that the ...
- Texas Civil Practice & Remedies Code Section 104.008 - No Waiver Of Defenses
This chapter does not waive a defense, immunity, or jurisdictional bar available to the state or its officers, employees, or contractors. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 104.009 - Directors' And Officers' Liability Insurance
(a) A state agency, institution, or department may purchase a directors' and officers' liability insurance policy applicable to damages for conduct described under Section 104.002 ...
- Texas Civil Practice & Remedies Code Section 105.001 - Definitions
In this chapter: (1) "Fees and other expenses" means: (A) the reasonable expenses of witnesses incurred in preparing to testify or in attending or testifying; ...
- Texas Civil Practice & Remedies Code Section 105.002 - Recovery Of Fees, Expenses, And Attorney's Fees
A party to a civil suit in a court of this state brought by or against a state agency in which the agency asserts a ...
- Texas Civil Practice & Remedies Code Section 105.003 - Motion Of Frivolous Claim
(a) To recover under this chapter, the party must file a written motion alleging that the agency's claim is frivolous, unreasonable, or without foundation. The ...
- Texas Civil Practice & Remedies Code Section 105.004 - Payment Of Costs
The agency shall pay the fees and expenses from funds appropriated for operation of the agency, funds appropriated for the payment of fees and expenses ...
- Texas Civil Practice & Remedies Code Section 106.001 - Prohibited Acts
(a) An officer or employee of the state or of a political subdivision of the state who is acting or purporting to act in an ...
- Texas Civil Practice & Remedies Code Section 106.002 - Remedies
(a) If a person has violated or there are reasonable grounds to believe a person is about to violate Section 106.001, the person aggrieved by ...
- Texas Civil Practice & Remedies Code Section 106.003 - Penalties
(a) A person commits an offense if the person knowingly violates Section 106.001. (b) An offense under this section is a misdemeanor punishable by: (1) ...
- Texas Civil Practice & Remedies Code Section 106.004 - Inapplicability To Certain Claims
This chapter does not authorize a claim for preventive relief against the Texas Department of Criminal Justice, an employee of the department, or any other ...
- Texas Civil Practice & Remedies Code Section 107.001 - Grants Of Permission Covered
This chapter applies to resolutions granting permission to sue the state or any of the agencies of government that collectively constitute the government of this ...
- Texas Civil Practice & Remedies Code Section 107.002 - Effect Of Grant Of Permission
(a) A resolution that grants a person permission to sue the state has the following effect and the permission is granted subject to the following ...
- Texas Civil Practice & Remedies Code Section 107.003 - Method Exclusive
(a) A resolution may grant permission to sue the state only in accordance with this chapter. (b) A resolution may not alter the effect of ...
- Texas Civil Practice & Remedies Code Section 107.004 - Additional Conditions
A resolution may specifically provide additional conditions to which a grant of permission to sue is subject. Added by Acts 1987, 70th Leg., ch. 524, ...
- Texas Civil Practice & Remedies Code Section 107.005 - Effect On Other Laws
This chapter does not affect a waiver of immunity from suit contained in other law. Added by Acts 1987, 70th Leg., ch. 524, § 1, ...
- Texas Civil Practice & Remedies Code Section 108.001 - Definitions
In this chapter: (1) "Public servant" means a person who is: (A) a public official elected or appointed to serve a governmental unit and acting ...
- Texas Civil Practice & Remedies Code Section 108.002 - Limitation Of Liability
(a) Except in an action arising under the constitution or laws of the United States, a public servant is not personally liable for damages in ...
- Texas Civil Practice & Remedies Code Section 108.003 - State Liability Not Affected
(a) This chapter does not affect the liability for indemnification of the state under Chapter 104 or of a local government under Chapter 102. (b) ...
- Texas Civil Practice & Remedies Code Section 108.004 - Computer Date Failure
Except in an action arising under the constitution or laws of the United States, a public servant is not personally liable for property damages caused ...
- Texas Civil Practice & Remedies Code Section 109.001 - Definition
In this chapter, "state agency" means any entity that constitutes the state government for purposes of Section 101.001. Added by Acts 1993, 73rd Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 109.002 - Applicability; Appropriations And Payments For Certain Claims
(a) This chapter applies to appropriations and payments made in relation to: (1) a claim for which the state government is liable under Chapter 101 ...
- Texas Civil Practice & Remedies Code Section 109.003 - Source Of Appropriation
An appropriation subject to this chapter shall be made from otherwise unappropriated amounts in a special fund or account that may be appropriated to the ...
- Texas Civil Practice & Remedies Code Section 109.004 - Payment Of Claim By Agency
(a) This section does not apply to the payment of a claim if the legislature has specifically: (1) identified the claim; and (2) appropriated money ...
- Texas Civil Practice & Remedies Code Section 109.005 - Reports
(a) The comptroller shall notify an affected state agency of: (1) each claim subject to this chapter paid by the comptroller under this chapter for ...
- Texas Civil Practice & Remedies Code Section 109.006 - Appropriation For Claim Not Limited
This chapter does not limit the amount the legislature may appropriate to pay claims subject to this chapter. Added by Acts 1993, 73rd Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 109.007 - Exceptions
This chapter does not apply to an appropriation: (1) to pay or indemnify a person for a negligent act or omission in the diagnosis, care, ...
- Texas Civil Practice & Remedies Code Section 110.001 - Definitions
(a) In this chapter: (1) "Free exercise of religion" means an act or refusal to act that is substantially motivated by sincere religious belief. In ...
- Texas Civil Practice & Remedies Code Section 110.002 - Application
(a) This chapter applies to any ordinance, rule, order, decision, practice, or other exercise of governmental authority. (b) This chapter applies to an act of ...
- Texas Civil Practice & Remedies Code Section 110.003 - Religious Freedom Protected
(a) Subject to Subsection (b), a government agency may not substantially burden a person's free exercise of religion. (b) Subsection (a) does not apply if ...
- Texas Civil Practice & Remedies Code Section 110.004 - Defense
A person whose free exercise of religion has been substantially burdened in violation of Section 110.003 may assert that violation as a defense in a ...
- Texas Civil Practice & Remedies Code Section 110.005 - Remedies
(a) Any person, other than a government agency, who successfully asserts a claim or defense under this chapter is entitled to recover: (1) declaratory relief ...
- Texas Civil Practice & Remedies Code Section 110.006 - Notice; Right To Accommodate
(a) A person may not bring an action to assert a claim under this chapter unless, 60 days before bringing the action, the person gives ...
- Texas Civil Practice & Remedies Code Section 110.007 - One-Year Limitations Period
(a) A person must bring an action to assert a claim for damages under this chapter not later than one year after the date the ...
- Texas Civil Practice & Remedies Code Section 110.008 - Sovereign Immunity Waived
(a) Subject to Section 110.006, sovereign immunity to suit and from liability is waived and abolished to the extent of liability created by Section 110.005, ...
- Texas Civil Practice & Remedies Code Section 110.009 - Effect On Rights
(a) This chapter does not authorize a government agency to burden a person's free exercise of religion. (b) The protection of religious freedom afforded by ...
- Texas Civil Practice & Remedies Code Section 110.010 - Application To Certain Cases
Notwithstanding any other provision of this chapter, a municipality has no less authority to adopt or apply laws and regulations concerning zoning, land use planning, ...
- Texas Civil Practice & Remedies Code Section 110.011 - Civil Rights
(a) Except as provided in Subsection (b), this chapter does not establish or eliminate a defense to a civil action or criminal prosecution under a ...
- Texas Civil Practice & Remedies Code Section 110.012 - Grant To Religious Organization Not Affected
Notwithstanding Section 110.002(b), this chapter does not affect the grant or denial of an appropriation or other grant of money or benefits to a religious ...
- Texas Civil Practice & Remedies Code Section 121.001 - Officers Who May Take Acknowledgments Or Proofs
(a) An acknowledgment or proof of a written instrument may be taken in this state by: (1) a clerk of a district court; (2) a ...
- Texas Civil Practice & Remedies Code Section 121.002 - Corporate Acknowledgments
(a) An employee of a corporation is not disqualified because of his employment from taking an acknowledgment or proof of a written instrument in which ...
- Texas Civil Practice & Remedies Code Section 121.003 - Authority Of Officers
In a proceeding to prove a written instrument, an officer authorized by this chapter to take an acknowledgment or a proof of a written instrument ...
- Texas Civil Practice & Remedies Code Section 121.004 - Method Of Acknowledgment
(a) To acknowledge a written instrument for recording, the grantor or person who executed the instrument must appear before an officer and must state that ...
- Texas Civil Practice & Remedies Code Section 121.005 - Proof Of Identity Of Acknowledging Person
(a) An officer may not take the acknowledgment of a written instrument unless the officer knows or has satisfactory evidence that the acknowledging person is ...
- Texas Civil Practice & Remedies Code Section 121.006 - Alteration Of Authorized Forms; Definition
(a) An acknowledgment form provided by this chapter may be altered as circumstances require. The authorization of a form does not prevent the use of ...
- Texas Civil Practice & Remedies Code Section 121.007 - Form For Ordinary Certificate Of Acknowledgment
The form of an ordinary certificate of acknowledgment must be substantially as follows: "The State of ____________, "County of ____________, "Before me ____________ (here insert ...
- Texas Civil Practice & Remedies Code Section 121.008 - Short Forms For Certificates Of Acknowledgment
(a) The forms for certificates of acknowledgment provided by this section may be used as alternatives to other authorized forms. They may be referred to ...
- Texas Civil Practice & Remedies Code Section 121.009 - Proof Of Acknowledgment By Witness
(a) To prove a written instrument for recording, at least one of the witnesses who signed the instrument must personally appear before an officer who ...
- Texas Civil Practice & Remedies Code Section 121.010 - Form Of Certificate For Proof By Witness
When the execution of a written instrument is proved by a witness, the certificate of the officer must be substantially as follows: "The State of ...
- Texas Civil Practice & Remedies Code Section 121.011 - Proof Of Acknowledgment By Handwriting
(a) The execution of an instrument may be established for recording by proof of the handwriting of persons who signed the instrument only if: (1) ...
- Texas Civil Practice & Remedies Code Section 121.012 - Record Of Acknowledgment
(a) An officer authorized by law to take an acknowledgment or proof of a written instrument required or permitted by law to be recorded must ...
- Texas Civil Practice & Remedies Code Section 121.013 - Subpoena Of Witness; Attachment
(a) On the sworn application of a person interested in the proof of an instrument required or permitted by law to be recorded, stating that ...
- Texas Civil Practice & Remedies Code Section 121.014 - Action For Damages
A person injured by the failure, refusal, or neglect of an officer to comply with a provision of this chapter has a cause of action ...
- Texas Civil Practice & Remedies Code Section 121.015 - Private Seal Or Scroll Not Required
A private seal or scroll may not be required on a written instrument other than an instrument made by a corporation. Added by Acts 1993, ...
- Texas Civil Practice & Remedies Code Section 122.001 - Juror's Right To Reemployment; Notice Of Intent To Return
(a) A private employer may not terminate the employment of a permanent employee because the employee serves as a juror. (b) An employee whose employment ...
- Texas Civil Practice & Remedies Code Section 122.002 - Damages; Reinstatement; Attorney's Fees
(a) A person who is injured because of a violation of this chapter is entitled to reinstatement to his former position and to damages in ...
- Texas Civil Practice & Remedies Code Section 122.0021 - Criminal Penalty
(a) A person commits an offense if the person violates Section 122.001. (b) An offense under this section is a Class B misdemeanor. Added by ...
- Texas Civil Practice & Remedies Code Section 122.0022 - Contempt
In addition to and without limiting any other sanction or remedy available under this chapter or other law, a court may punish by contempt an ...
- Texas Civil Practice & Remedies Code Section 122.003 - Defense
(a) It is a defense to an action brought under this chapter that the employer's circumstances changed while the employee served as a juror so ...
- Texas Civil Practice & Remedies Code Section 123.001 - Definitions
In this chapter: (1) "Communication" means speech uttered by a person or information including speech that is transmitted in whole or in part with the ...
- Texas Civil Practice & Remedies Code Section 123.002 - Cause Of Action
(a) A party to a communication may sue a person who: (1) intercepts, attempts to intercept, or employs or obtains another to intercept or attempt ...
- Texas Civil Practice & Remedies Code Section 123.003 - Defense
(a) A switchboard operator or an officer, employee, or agent of a communication common carrier whose facilities are used in the transmission of a wire ...
- Texas Civil Practice & Remedies Code Section 123.004 - Damages
A person who establishes a cause of action under this chapter is entitled to: (1) an injunction prohibiting a further interception, attempted interception, or divulgence ...
- Texas Civil Practice & Remedies Code Section 124.001 - Detention
A person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner ...
- Texas Civil Practice & Remedies Code Section 125.001 - Definitions
In this chapter: (1) "Common nuisance" is a nuisance described by Section 125.0015. (2) "Public nuisance" is a nuisance described by Section 125.062 or 125.063. ...
- Texas Civil Practice & Remedies Code Section 125.0015 - Common Nuisance
(a) A person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the activity and furthermore fails ...
- Texas Civil Practice & Remedies Code Section 125.002 - Suit To Abate Common Nuisance; Bond
(a) A suit to enjoin and abate a common nuisance may be brought by an individual, by the attorney general, or by a district, county, ...
- Texas Civil Practice & Remedies Code Section 125.003 - Suit On Bond
(a) If a condition of a bond filed or an injunctive order entered under this subchapter is violated, the district, county, or city attorney of ...
- Texas Civil Practice & Remedies Code Section 125.004 - Evidence
(a) Proof that an activity described by Section 125.0015 is frequently committed at the place involved or that the place is frequently used for an ...
- Texas Civil Practice & Remedies Code Section 125.042 - Request For Meeting
(a) The voters of an election precinct in which a common nuisance is alleged to exist or is alleged to be likely to be created, ...
- Texas Civil Practice & Remedies Code Section 125.043 - Notice
The district attorney, city attorney, or county attorney receiving the request may: (1) post notice of the purpose, time, and place of the meeting at ...
- Texas Civil Practice & Remedies Code Section 125.044 - Findings
(a) After the meeting, the person appointed to conduct the meeting shall report the findings to the district attorney, city attorney, or county attorney who ...
- Texas Civil Practice & Remedies Code Section 125.045 - Remedies
(a) If, after notice and hearing on a request by a petitioner for a temporary injunction, a court determines that the petitioner is likely to ...
- Texas Civil Practice & Remedies Code Section 125.046 - Additional Remedies; Receiver
(a) If, in any judicial proceeding under Subchapter A, a court determines that a person is maintaining a multiunit residential property that is a common ...
- Texas Civil Practice & Remedies Code Section 125.047 - Nuisance Abatement Fund
(a) In this section: (1) "Fund" means a nuisance abatement fund. (2) "Nuisance abatement" means an activity taken by a municipality to reduce the occurrences ...
- Texas Civil Practice & Remedies Code Section 125.061 - Definitions
In this subchapter: (1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code. (2) "Continuously or regularly" means at least ...
- Texas Civil Practice & Remedies Code Section 125.062 - Public Nuisance; Combination
A combination or criminal street gang that continuously or regularly associates in gang activities is a public nuisance. Added by Acts 1993, 73rd Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 125.063 - Public Nuisance; Use Of Place
The habitual use of a place by a combination or criminal street gang for engaging in gang activity is a public nuisance. Added by Acts ...
- Texas Civil Practice & Remedies Code Section 125.064 - Suit To Abate Nuisance
(a) A district, county, or city attorney, the attorney general, or a resident of the state may sue to enjoin a public nuisance under this ...
- Texas Civil Practice & Remedies Code Section 125.065 - Court Order
(a) If the court finds that a combination or criminal street gang constitutes a public nuisance, the court may enter an order: (1) enjoining a ...
- Texas Civil Practice & Remedies Code Section 125.066 - Violation Of Court Order
A person who violates a temporary or permanent injunctive order under this subchapter is subject to the following sentences for civil contempt: (1) a fine ...
- Texas Civil Practice & Remedies Code Section 125.067 - Continuation Of Activities Pending Trial Or Appeal; Appeal
(a) A person may not continue the enjoined activity pending trial or appeal on the merits of an injunctive order in a suit brought under ...
- Texas Civil Practice & Remedies Code Section 125.0675 - Injunction For Specified Period
In addition to any other order that may be issued under this subchapter or other law, a court of appeals or a trial court acting ...
- Texas Civil Practice & Remedies Code Section 125.068 - Attorney's Fees
In an action brought under this subchapter, the court may award a prevailing party reasonable attorney's fees and costs. Added by Acts 1993, 73rd Leg., ...
- Texas Civil Practice & Remedies Code Section 125.069 - Use Of Place; Evidence
In an action brought under this subchapter, proof that gang activity by a member of a combination or a criminal street gang is frequently committed ...
- Texas Civil Practice & Remedies Code Section 126.001 - Definition
In this subchapter, "religious congregation" does not include the religion or a denomination of the religion as a whole. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 126.002 - Appointment Of Receiver
(a) The judge of a district court or another court of jurisdiction shall on application appoint a receiver for any religious congregation that: (1) formerly ...
- Texas Civil Practice & Remedies Code Section 126.003 - Qualifications
(a) A person appointed receiver for the religious congregation need not be a member of an active religious congregation of like faith. If an organization ...
- Texas Civil Practice & Remedies Code Section 126.004 - Powers And Duties
(a) The receiver shall take charge of all property belonging to the religious congregation and administer that property under the direction of the court for ...
- Texas Civil Practice & Remedies Code Section 126.011 - Record
(a) On receipt of $2.50, the secretary of state shall record the names of all trustees appointed by any state organization of a religious congregation ...
- Texas Civil Practice & Remedies Code Section 126.012 - Certified Copy To Court
(a) The secretary of state shall furnish a certified copy of the appointments to any court in this state on application by the judge or ...
- Texas Civil Practice & Remedies Code Section 126.013 - Change In Trustees
This chapter does not affect a religious congregation's right to change, appoint, or elect its trustees. Acts 1985, 69th Leg., ch. 959, § 1, eff. ...
- Texas Civil Practice & Remedies Code Section 127.001 - Definitions
In this chapter: (1) "Agreement pertaining to a well for oil, gas, or water or to a mine for a mineral": (A) means: (i) a ...
- Texas Civil Practice & Remedies Code Section 127.002 - Findings; Certain Agreements Against Public Policy
(a) The legislature finds that an inequity is fostered on certain contractors by the indemnity provisions in certain agreements pertaining to wells for oil, gas, ...
- Texas Civil Practice & Remedies Code Section 127.003 - Agreement Void And Unenforceable
(a) Except as otherwise provided by this chapter, a covenant, promise, agreement, or understanding contained in, collateral to, or affecting an agreement pertaining to a ...
- Texas Civil Practice & Remedies Code Section 127.004 - Exclusions
This chapter does not apply to loss or liability for damages or an expense arising from: (1) personal injury, death, or property injury that results ...
- Texas Civil Practice & Remedies Code Section 127.005 - Insurance Coverage
(a) This chapter does not apply to an agreement that provides for indemnity if the parties agree in writing that the indemnity obligation will be ...
- Texas Civil Practice & Remedies Code Section 127.006 - Insurance Contract; Workers' Compensation
This chapter does not affect: (1) the validity of an insurance contract; or (2) a benefit conferred by the workers' compensation statutes of this state. ...
- Texas Civil Practice & Remedies Code Section 127.007 - Owner Of Surface Estate
This chapter does not deprive an owner of the surface estate of the right to secure indemnity from a lessee, an operator, a contractor, or ...
- Texas Civil Practice & Remedies Code Section 128.001 - Limitation On Right To Bring Suit Or Recover Damages
(a) In this section, "governmental unit" means: (1) a political subdivision of the state, including a municipality or county; and (2) any other agency of ...
- Texas Civil Practice & Remedies Code Section 129.001 - Age Of Majority
The age of majority in this state is 18 years. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 129.002 - Rights, Privileges, Or Obligations
A law, rule, or ordinance enacted or adopted before August 27, 1973, that extends a right, privilege, or obligation to an individual on the basis ...
- Texas Civil Practice & Remedies Code Section 129.003 - Alcoholic Beverage Code Prevails
The minimum age provisions of the Alcoholic Beverage Code prevail to the extent of any conflict with this chapter. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 130.001 - Definition
In this chapter "construction contract" means a contract or agreement made and entered into by an owner, contractor, subcontractor, registered architect, licensed engineer, or supplier ...
- Texas Civil Practice & Remedies Code Section 130.002 - Covenant Or Promise Void And Unenforceable
(a) A covenant or promise in, in connection with, or collateral to a construction contract is void and unenforceable if the covenant or promise provides ...
- Texas Civil Practice & Remedies Code Section 130.003 - Insurance Contract; Workers' Compensation
This chapter does not apply to: (1) an insurance contract; or (2) a workers' compensation agreement. Added by Acts 1987, 70th Leg., ch. 167, § ...
- Texas Civil Practice & Remedies Code Section 130.004 - Owner Of Interest In Real Property
(a) Except as provided by Section 130.002(b), this chapter does not apply to an owner of an interest in real property or persons employed solely ...
- Texas Civil Practice & Remedies Code Section 130.005 - Application Of Chapter
This chapter does not apply to a contract or agreement in which an architect or engineer or an agent, servant, or employee of an architect ...
- Texas Civil Practice & Remedies Code Section 131.001 - Definitions
In this chapter: (1) "National collegiate athletic association" means a national collegiate athletic association with one or more member institutions in 40 or more states, ...
- Texas Civil Practice & Remedies Code Section 131.002 - Adoption Of Rules
The rules of each national collegiate athletic association in effect on January 1, 1987, are adopted. Added by Acts 1987, 70th Leg., ch. 1065, § ...
- Texas Civil Practice & Remedies Code Section 131.003 - Cause Of Action By Regional Collegiate Athletic Association
A person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by ...
- Texas Civil Practice & Remedies Code Section 131.004 - Cause Of Action By Institution
A person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by ...
- Texas Civil Practice & Remedies Code Section 131.005 - Defenses
(a) It is a defense to an action under this chapter that, at the time of the violation of the rule: (1) the rule was ...
- Texas Civil Practice & Remedies Code Section 131.006 - Damages
Damages to a regional collegiate athletic association or institution may include lost television revenues and lost ticket sales of regular season and post-season athletic events. ...
- Texas Civil Practice & Remedies Code Section 131.007 - Distribution Of Damages
A regional collegiate athletic association that prevails in an action under Section 131.003 shall distribute the awarded damages to its member institutions in the same ...
- Texas Civil Practice & Remedies Code Section 131.008 - Attorney's Fees And Costs
A regional collegiate athletic association or institution that prevails in an action under this chapter is entitled to an award of reasonable attorney's fees and ...
- Texas Civil Practice & Remedies Code Section 132.001 - Use By Inmates In Lieu Of Sworn Declaration
(a) Except as provided by Subsection (b), an unsworn declaration made as provided by this chapter by an inmate in the Texas Department of Corrections ...
- Texas Civil Practice & Remedies Code Section 132.002 - Requirements Of Declaration
An unsworn declaration made under this chapter must be: (1) in writing; and (2) subscribed by the person making the declaration as true under penalty ...
- Texas Civil Practice & Remedies Code Section 132.003 - Form Of Declaration
The form of a declaration under this chapter must be substantially as follows: "I, (insert name and inmate identifying number from Texas Department of Corrections ...
- Texas Civil Practice & Remedies Code Section 133.001 - Seven-Year Absence
Any person absenting himself for seven successive years shall be presumed dead unless it is proved that the person was alive within the seven-year period. ...
- Texas Civil Practice & Remedies Code Section 133.002 - Armed Services Certificate Of Death
If a branch of the armed services issues a certificate declaring a person dead, the date of death is presumed to have occurred for all ...
- Texas Civil Practice & Remedies Code Section 133.003 - Restoration Of Estate
(a) If an estate is recovered on a presumption of death under this chapter and if in a subsequent action or suit it is proved ...
- Texas Civil Practice & Remedies Code Section 134.001 - Short Title
This chapter may be cited as the Texas Theft Liability Act. Added by Acts 1989, 71st Leg., ch. 2, § 4.05(a), eff. Aug. 28, 1989. ...
- Texas Civil Practice & Remedies Code Section 134.002 - Definitions
In this chapter: (1) "Person" means an individual, partnership, corporation, association, or other group, however organized. (2) "Theft" means unlawfully appropriating property or unlawfully obtaining ...
- Texas Civil Practice & Remedies Code Section 134.003 - Liability
(a) A person who commits theft is liable for the damages resulting from the theft. (b) A parent or other person who has the duty ...
- Texas Civil Practice & Remedies Code Section 134.004 - Suit
A suit under this chapter may be brought in the county where the theft occurred or in the county where the defendant resides. Added by ...
- Texas Civil Practice & Remedies Code Section 134.005 - Recovery
(a) In a suit under this chapter, a person who has sustained damages resulting from theft may recover: (1) under Section 134.003(a), from a person ...
- Texas Civil Practice & Remedies Code Section 136.001 - Certified Mail
(a) Except as provided by Subsection (b), a person may use certified mail with return receipt requested in any case in which registered mail is ...
- Texas Civil Practice & Remedies Code Section 137.001 - Definitions
In this chapter: (1) "Adult" means a person 18 years of age or older or a person under 18 years of age who has had ...
- Texas Civil Practice & Remedies Code Section 137.002 - Persons Who May Execute Declaration For Mental Health Treatment; Period Of Validity
(a) An adult who is not incapacitated may execute a declaration for mental health treatment. The preferences or instructions may include consent to or refusal ...
- Texas Civil Practice & Remedies Code Section 137.003 - Execution And Witnesses
(a) A declaration for mental health treatment must be signed by the principal in the presence of two or more subscribing witnesses. (b) A witness ...
- Texas Civil Practice & Remedies Code Section 137.004 - Health Care Provider To Act In Accordance With Declaration For Mental Health Treatment
A physician or other health care provider shall act in accordance with the declaration for mental health treatment when the principal has been found to ...
- Texas Civil Practice & Remedies Code Section 137.005 - Limitation On Liability
(a) An attending physician, health or residential care provider, or person acting for or under an attending physician's or health or residential care provider's control ...
- Texas Civil Practice & Remedies Code Section 137.006 - Discrimination Relating To Execution Of Declaration For Mental Health Treatment
A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not: ...
- Texas Civil Practice & Remedies Code Section 137.007 - Use And Effect Of Declaration For Mental Health Treatment
(a) On being presented with a declaration for mental health treatment, a physician or other health care provider shall make the declaration a part of ...
- Texas Civil Practice & Remedies Code Section 137.008 - Disregard Of Declaration For Mental Health Treatment
(a) A physician or other health care provider may subject the principal to mental health treatment in a manner contrary to the principal's wishes as ...
- Texas Civil Practice & Remedies Code Section 137.009 - Conflicting Or Contrary Provisions
(a) Mental health treatment instructions contained in a declaration executed in accordance with this chapter supersede any contrary or conflicting instructions given by: (1) a ...
- Texas Civil Practice & Remedies Code Section 137.010 - Revocation
(a) A declaration for mental health treatment is revoked when a principal who is not incapacitated: (1) notifies a licensed or certified health or residential ...
- Texas Civil Practice & Remedies Code Section 137.011 - Form Of Declaration For Mental Health Treatment
The declaration for mental health treatment must be in substantially the following form: DECLARATION FOR MENTAL HEALTH TREATMENT I, __________________, being an adult of sound ...
- Texas Civil Practice & Remedies Code Section 138.001 - Definitions
In this chapter: (1) "Agricultural commodity" has the meaning assigned by Section 41.002, Agriculture Code. (2) "Agricultural producer" means any producer of an agricultural commodity. ...
- Texas Civil Practice & Remedies Code Section 138.002 - Civil Action Prohibited
(a) Except as otherwise provided by this section, a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable under any law of ...
- Texas Civil Practice & Remedies Code Section 138.003 - Pleadings
In an action described in Section 138.002(b)(1), the initiating petition must state with particularity: (1) the federal and state statutes allegedly violated; and (2) the ...
- Texas Civil Practice & Remedies Code Section 138.004 - Stay
(a) For an action described by Section 138.002(b), all discovery and other proceedings are stayed during the pendency of any motion to dismiss unless the ...
- Texas Civil Practice & Remedies Code Section 139.001 - Definitions
In this chapter: (1) "Claimant" means a person described by Section 139.002(1) or (2) who makes a claim to which this chapter applies. (2) "Incapacitated ...
- Texas Civil Practice & Remedies Code Section 139.002 - Scope Of Chapter
This chapter applies only to a suit on a claim for damages arising from personal injury: (1) to an incapacitated person; or (2) in which ...
- Texas Civil Practice & Remedies Code Section 139.101 - Written Offer Required
An offer of structured settlement made after a suit to which this chapter applies has been filed must be: (1) made in writing; and (2) ...
- Texas Civil Practice & Remedies Code Section 139.102 - Presentation To Claimant
(a) As soon as practicable after receiving the offer under Section 139.101, but not later than any expiration date that may accompany the quotation that ...
- Texas Civil Practice & Remedies Code Section 141.001 - Short Title
This chapter may be cited as the Structured Settlement Protection Act. Added by Acts 2001, 77th Leg., ch. 96, § 1, eff. Sept. 1, 2001. ...
- Texas Civil Practice & Remedies Code Section 141.002 - Definitions
In this chapter: (1) "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) "Court" means: ...
- Texas Civil Practice & Remedies Code Section 141.003 - Required Disclosures To Payee
At least three days before the date on which the payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure ...
- Texas Civil Practice & Remedies Code Section 141.004 - Approval Of Transfers Of Structured Settlement Payment Rights
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to ...
- Texas Civil Practice & Remedies Code Section 141.005 - Effects Of Transfer Of Structured Settlement Payment Rights
Following a transfer of structured settlement payment rights under this chapter: (1) the structured settlement obligor and the annuity issuer shall, as to all parties ...
- Texas Civil Practice & Remedies Code Section 141.006 - Procedure For Approval Of Transfers
(a) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and shall be ...
- Texas Civil Practice & Remedies Code Section 141.007 - General Provisions; Construction
(a) The provisions of this chapter may not be waived by any payee. (b) Any transfer agreement entered into by a payee who resides in ...
- Texas Civil Practice & Remedies Code Section 143.001 - Cause Of Action
(a) A person who is injured or whose property has been injured as a result of a violation under Chapter 33, Penal Code, has a ...
- Texas Civil Practice & Remedies Code Section 143.002 - Damages
A person who establishes a cause of action under this chapter is entitled to: (1) actual damages; and (2) reasonable attorney's fees and costs. Added ...
- Texas Civil Practice & Remedies Code Section 144.001 - Definitions
In this chapter: (1) "Former mental health patient" means an individual who: (A) between January 1, 1986, and December 31, 1993, was admitted to a ...
- Texas Civil Practice & Remedies Code Section 144.005 - Court Records Concerning Order
The court shall seal records concerning an order issued under this chapter and ensure that the court's records are not open for inspection by any ...
- Texas Civil Practice & Remedies Code Section 144.006 - Collateral Effects Of Order
(a) A former mental health patient who successfully petitions for an order under this chapter and a facility or health care provider, or the owner, ...
- Texas Civil Practice & Remedies Code Section 144.007 - Limitation On Certain Lawsuits
(a) Except as provided by Subsection (b), a former mental patient who successfully petitions a court for an order under this chapter or a person ...
- Texas Civil Practice & Remedies Code Section 144.008 - Disclosure Of Information Subject To Order; Penalty
(a) A person commits an offense if the person: (1) knows of a former mental patient's admission to a mental health facility; (2) knows of ...
- Texas Civil Practice & Remedies Code Section 144.009 - Applicability Of Other Law
This chapter supersedes other state law regarding the retention or destruction of patient records. Added by Acts 1997, 75th Leg., ch. 1295, § 1, eff. ...
- Texas Civil Practice & Remedies Code Section 144.010 - Expiration Of Certain Provisions
Sections 144.002, 144.003, and 144.004 expire January 1, 1999. Added by Acts 1997, 75th Leg., ch. 1295, § 1, eff. Sept. 1, 1997. ...
- Texas Civil Practice & Remedies Code Section 145.001 - Definitions
In this chapter: (1) "In-home service company" means a person who employs a person to enter another person's residence and for a fee repair: (A) ...
- Texas Civil Practice & Remedies Code Section 145.002 - Criminal History Background Check
An in-home service company or residential delivery company shall obtain from the Department of Public Safety or a private vendor approved by the department and ...
- Texas Civil Practice & Remedies Code Section 145.003 - Presumption Of No Negligence
(a) This section applies only to an action against an in-home service company or residential delivery company that: (1) arises out of a criminal act ...
- Texas Civil Practice & Remedies Code Section 145.004 - Presumption Of No Negligence For Persons Utilizing A Residential Delivery Company Or In-Home Service Company
A person who contracts with a residential delivery company to deliver an item or who contracts with an in-home service company to place, assemble, repair, ...
- Texas Civil Practice & Remedies Code Section 146.001 - Definitions
In this chapter: (1) "Health benefit plan" means a plan or arrangement under which medical or surgical expenses are paid for or reimbursed or health ...
- Texas Civil Practice & Remedies Code Section 146.002 - Timely Billing Required
(a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided ...
- Texas Civil Practice & Remedies Code Section 146.003 - Certain Claims Barred
(a) A health care service provider who violates Section 146.002 may not recover from the patient any amount that the patient would have been entitled ...
- Texas Civil Practice & Remedies Code Section 146.004 - Disciplinary Action Not Authorized
A health care service provider who violates this chapter is not subject to disciplinary action for the violation under any other law, including the law ...
- Texas Civil Practice & Remedies Code Section 147.001 - Definitions
In this chapter: (1) "Action" means a cause of action to which this chapter applies. (2) "Claimant" means a party seeking recovery of damages or ...
- Texas Civil Practice & Remedies Code Section 147.002 - Action For Computer Date Failure
Subject to Section 147.004 and regardless of the legal theory, statute, or cause of action on which the action is based, including an action based ...
- Texas Civil Practice & Remedies Code Section 147.003 - Computer Date Failure
A computer date failure is the inability to correctly process, recognize, store, receive, transmit, or in any way use date data: (1) referring to the ...
- Texas Civil Practice & Remedies Code Section 147.004 - Applicability
This chapter does not apply to an action: (1) for death or bodily injury; (2) to collect workers' compensation benefits under the workers' compensation laws ...
- Texas Civil Practice & Remedies Code Section 147.005 - Duty Or Action Not Created
(a) This chapter does not create a duty. (b) This chapter does not create a cause of action. Added by Acts 1999, 76th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 147.006 - Immunity Not Affected
This chapter does not expand or limit the immunity of a person under any other law or statute providing immunity. Added by Acts 1999, 76th ...
- Texas Civil Practice & Remedies Code Section 147.007 - Insurance Coverage Not Affected
This chapter does not affect the coverage or benefits of parties under a contract of insurance. Added by Acts 1999, 76th Leg., ch. 128, § ...
- Texas Civil Practice & Remedies Code Section 147.008 - Sovereign Immunity Not Waived
This chapter does not waive any immunity of the state or of a political subdivision of the state or any employee or officer thereof. Added ...
- Texas Civil Practice & Remedies Code Section 147.009 - Manufacturer's Duty To Indemnify
This chapter does not relieve a manufacturer from the obligation, if any, to indemnify a seller for losses arising out of a product liability action ...
- Texas Civil Practice & Remedies Code Section 147.041 - Limitations Period
(a) An action must be brought not later than two years after the date the computer date failure first caused the harm that is the ...
- Texas Civil Practice & Remedies Code Section 147.042 - Repose
(a) Except as provided by Subsection (b), a claimant must commence an action against a manufacturer or seller of a computer product or computer service ...
- Texas Civil Practice & Remedies Code Section 147.043 - Disability
Section 16.001 applies to the periods of limitation and repose established by this subchapter. Added by Acts 1999, 76th Leg., ch. 128, § 2, eff. ...
- Texas Civil Practice & Remedies Code Section 147.044 - Notice
(a) A claimant may not commence an action unless the claimant gave notice to the defendant before the 60th day preceding the date the action ...
- Texas Civil Practice & Remedies Code Section 147.045 - Notice Stays Proceedings
All proceedings in the action are stayed for 60 days following the date the defendant received the notice under Section 147.044. Added by Acts 1999, ...
- Texas Civil Practice & Remedies Code Section 147.046 - Failure To Give Notice
(a) On motion of the defendant that the claimant did not give the notice under Section 147.044, the court shall: (1) abate the action; and ...
- Texas Civil Practice & Remedies Code Section 147.047 - Inspection
(a) A person receiving notice under Section 147.044 may inspect a computer product or computer service product that is subject to the claimant's control to ...
- Texas Civil Practice & Remedies Code Section 147.048 - Offer To Settle
(a) A defendant receiving notice under Section 147.044 may offer to settle the claim. The offer may include an offer to cure or correct the ...
- Texas Civil Practice & Remedies Code Section 147.081 - Affirmative Defense: Notice To Cure Or Correct
(a) It is an affirmative defense to liability in an action if: (1) the claimant was notified in the manner provided by Section 147.082 that ...
- Texas Civil Practice & Remedies Code Section 147.082 - Notice
(a) Notice under Section 147.081 must: (1) identify the computer product or computer service product that manifests or may manifest a computer date failure; (2) ...
- Texas Civil Practice & Remedies Code Section 147.083 - Notice On Year 2000 Project Office Website
(a) A person who provides information to the Year 2000 Project Office website to satisfy the requirements of Section 147.082 is responsible for the accuracy ...
- Texas Civil Practice & Remedies Code Section 147.084 - Affirmative Defense: Reliance
(a) In an action for fraud, misrepresentation, disparagement, libel, or other similar action based on the alleged falsity or misleading character of a computer date ...
- Texas Civil Practice & Remedies Code Section 147.085 - Admissibility Of Statement Relating To Computer Date Failure
(a) The following are not admissible to prove liability for computer date failure: (1) an offer to settle under Section 147.048; (2) notice required under ...
- Texas Civil Practice & Remedies Code Section 147.121 - Damage Limitations Apply Only If Defendant Shows Good Faith Effort To Cure Or Correct
The limitations on the recovery of damages established by Section 147.122 apply to a claimant only if the defendant can show a good faith effort ...
- Texas Civil Practice & Remedies Code Section 147.122 - Damages Not Recoverable
(a) Subject to Section 147.121, a claimant may not recover the following damages in an action: (1) damages for mental anguish, loss of consortium, or ...
- Texas Civil Practice & Remedies Code Section 147.123 - Mitigation Of Damages
(a) In an action to which Chapter 33 applies, the court shall instruct the finder of fact regarding the determination of responsibility pursuant to Section ...
- Texas Civil Practice & Remedies Code Section 149.001 - Definitions
In this chapter: (1) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based ...
- Texas Civil Practice & Remedies Code Section 149.002 - Applicability
(a) The limitations in Section 149.003 shall apply to a domestic corporation or a foreign corporation that has had a certificate of authority to transact ...
- Texas Civil Practice & Remedies Code Section 149.003 - Limitations On Successor Asbestos-Related Liabilities
(a) Except as further limited in Subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the ...
- Texas Civil Practice & Remedies Code Section 149.004 - Establishing Fair Market Value Of Total Gross Assets
(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 149.003 through any method ...
- Texas Civil Practice & Remedies Code Section 149.005 - Adjustment
(a) Except as provided in Subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or ...
- Texas Civil Practice & Remedies Code Section 149.006 - Scope Of Chapter
The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under ...
- Texas Civil Practice & Remedies Code Section 150.001 - Definitions
In this chapter: (1) "Licensed or registered professional" means a licensed architect, registered professional land surveyor, licensed professional engineer, or any firm in which such ...
- Texas Civil Practice & Remedies Code Section 150.002 - Certificate Of Merit
(a) In any action or arbitration proceeding for damages arising out of the provision of professional services by a licensed or registered professional, the plaintiff ...
- Texas Civil Practice & Remedies Code Section 151.001 - Referral By Agreement
On agreement of the parties, in civil or family law matters pending in a district court, statutory probate court, or statutory county court, the judge ...
- Texas Civil Practice & Remedies Code Section 151.002 - Motion For Referral
Each party to the action must file in the court in which the case is filed a motion that: (1) requests the referral; (2) waives ...
- Texas Civil Practice & Remedies Code Section 151.003 - Qualifications Of Judge
The special judge must be a retired or former district, statutory county court, or appellate judge who: (1) has served as a judge for at ...
- Texas Civil Practice & Remedies Code Section 151.004 - Referral Order Entered
An order of referral must specify the issue referred and the name of the special judge. An order of referral may designate the time and ...
- Texas Civil Practice & Remedies Code Section 151.005 - Procedure
Rules and statutes relating to procedure and evidence in the referring judge's court apply to a trial under this chapter. Added by Acts 1987, 70th ...
- Texas Civil Practice & Remedies Code Section 151.006 - Powers Of Special Judge
(a) A special judge shall conduct the trial in the same manner as a court trying an issue without a jury. (b) While serving as ...
- Texas Civil Practice & Remedies Code Section 151.007 - Representation By Attorney
A party has the right to be represented by an attorney at the trial held as provided by this chapter. Added by Acts 1987, 70th ...
- Texas Civil Practice & Remedies Code Section 151.008 - Court Reporter Required
To maintain a record of the proceedings at the hearing, the special judge shall provide a court reporter who meets the qualifications prescribed by law ...
- Texas Civil Practice & Remedies Code Section 151.009 - Fees And Costs
(a) The parties, in equal shares, shall pay: (1) the special judge's fee; and (2) all administrative costs, including the court reporter's fee, related to ...
- Texas Civil Practice & Remedies Code Section 151.010 - Restrictions
A trial under this chapter may not be held in a public courtroom, and a public employee may not be involved in the trial during ...
- Texas Civil Practice & Remedies Code Section 151.011 - Special Judge's Verdict
The special judge's verdict must comply with the requirements for a verdict by the court. The verdict stands as a verdict of the referring judge's ...
- Texas Civil Practice & Remedies Code Section 151.012 - New Trial
If the special judge does not submit the verdict within the time period provided by Section 151.011, the court may grant a new trial if: ...
- Texas Civil Practice & Remedies Code Section 151.013 - Right To Appeal
The right to appeal is preserved. An appeal is from the order of the referring judge's court as provided by the Texas Rules of Civil ...
- Texas Civil Practice & Remedies Code Section 152.001 - Definition
In this chapter, "alternative dispute resolution system" means an informal forum in which mediation, conciliation, or arbitration is used to resolve disputes among individuals, including ...
- Texas Civil Practice & Remedies Code Section 152.002 - Establishment
(a) The commissioners court of a county by order may establish an alternative dispute resolution system for the peaceable and expeditious resolution of citizen disputes. ...
- Texas Civil Practice & Remedies Code Section 152.003 - Referral Of Cases
A judge of a district court, county court, statutory county court, probate court, or justice of the peace court in a county in which an ...
- Texas Civil Practice & Remedies Code Section 152.004 - Financing
(a) To establish and maintain an alternative dispute resolution system, the commissioners court may set a court cost in an amount not to exceed $15 ...
- Texas Civil Practice & Remedies Code Section 152.005 - Additional Fee For Justice Courts
(a) To establish and maintain an alternative dispute resolution system, the commissioners court may, in addition to the court cost authorized under Section 152.004, set ...
- Texas Civil Practice & Remedies Code Section 152.006 - Fee For Alternative Dispute Resolution Centers
An entity described by Section 152.002(b)(1) that provides services for the resolution of disputes in a county with a population of 250,000 or more but ...
- Texas Civil Practice & Remedies Code Section 154.001 - Definitions
In this chapter: (1) "Court" includes an appellate court, district court, constitutional county court, statutory county court, family law court, probate court, municipal court, or ...
- Texas Civil Practice & Remedies Code Section 154.002 - Policy
It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including ...
- Texas Civil Practice & Remedies Code Section 154.003 - Responsibility Of Courts And Court Administrators
It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy under Section 154.002. Added by Acts ...
- Texas Civil Practice & Remedies Code Section 154.021 - Referral Of Pending Disputes For Alternative Dispute Resolution Procedure
(a) A court may, on its own motion or the motion of a party, refer a pending dispute for resolution by an alternative dispute resolution ...
- Texas Civil Practice & Remedies Code Section 154.022 - Notification And Objection
(a) If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination. ...
- Texas Civil Practice & Remedies Code Section 154.023 - Mediation
(a) Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. (b) ...
- Texas Civil Practice & Remedies Code Section 154.024 - Mini-Trial
(a) A mini-trial is conducted under an agreement of the parties. (b) Each party and counsel for the party present the position of the party, ...
- Texas Civil Practice & Remedies Code Section 154.025 - Moderated Settlement Conference
(a) A moderated settlement conference is a forum for case evaluation and realistic settlement negotiations. (b) Each party and counsel for the party present the ...
- Texas Civil Practice & Remedies Code Section 154.026 - Summary Jury Trial
(a) A summary jury trial is a forum for early case evaluation and development of realistic settlement negotiations. (b) Each party and counsel for the ...
- Texas Civil Practice & Remedies Code Section 154.027 - Arbitration
(a) Nonbinding arbitration is a forum in which each party and counsel for the party present the position of the party before an impartial third ...
- Texas Civil Practice & Remedies Code Section 154.051 - Appointment Of Impartial Third Parties
(a) If a court refers a pending dispute for resolution by an alternative dispute resolution procedure under Section 154.021, the court may appoint an impartial ...
- Texas Civil Practice & Remedies Code Section 154.052 - Qualifications Of Impartial Third Party
(a) Except as provided by Subsections (b) and (c), to qualify for an appointment as an impartial third party under this subchapter a person must ...
- Texas Civil Practice & Remedies Code Section 154.053 - Standards And Duties Of Impartial Third Parties
(a) A person appointed to facilitate an alternative dispute resolution procedure under this subchapter shall encourage and assist the parties in reaching a settlement of ...
- Texas Civil Practice & Remedies Code Section 154.054 - Compensation Of Impartial Third Parties
(a) The court may set a reasonable fee for the services of an impartial third party appointed under this subchapter. (b) Unless the parties agree ...
- Texas Civil Practice & Remedies Code Section 154.055 - Qualified Immunity Of Impartial Third Parties
(a) A person appointed to facilitate an alternative dispute resolution procedure under this subchapter or under Chapter 152 relating to an alternative dispute resolution system ...
- Texas Civil Practice & Remedies Code Section 154.071 - Effect Of Written Settlement Agreement
(a) If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as ...
- Texas Civil Practice & Remedies Code Section 154.072 - Statistical Information On Disputes Referred
The Texas Supreme Court shall determine the need and method for statistical reporting of disputes referred by the courts to alternative dispute resolution procedures. Added ...
- Texas Civil Practice & Remedies Code Section 154.073 - Confidentiality Of Certain Records And Communications
(a) Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute made ...
- Texas Civil Practice & Remedies Code Section 155.001 - Settlement Weeks
In every county with a population of 150,000 or greater there shall be a settlement week during law week and judicial conference week each year ...
- Texas Civil Practice & Remedies Code Section 155.002 - Committee
The administrative judge of each judicial district shall appoint a committee of attorneys and lay persons to effectuate each settlement week. The committee may include ...
- Texas Civil Practice & Remedies Code Section 155.003 - Mediator
Any attorney currently licensed in the state may serve as mediator during the settlement weeks under such terms and conditions and with such training as ...
- Texas Civil Practice & Remedies Code Section 155.004 - Application Of Alternate Dispute Resolution Procedures
The provisions of Sections 154.021 through 154.023, 154.053, 154.054, and 154.071 through 154.073 of this code shall apply to parties and mediators participating in settlement ...
- Texas Civil Practice & Remedies Code Section 155.005 - Authority To Make Orders
Each court participating in settlement weeks under this chapter shall have the authority to make orders needed, consistent with existing law, to implement settlement weeks ...
- Texas Civil Practice & Remedies Code Section 155.006 - Funding And Public Awareness
The administrative judge may use any available funding from funds regularly used for court administration to carry out the purpose and intent of this chapter. ...
- Texas Civil Practice & Remedies Code Section 171.001 - Arbitration Agreements Valid
(a) A written agreement to arbitrate is valid and enforceable if the agreement is to arbitrate a controversy that: (1) exists at the time of ...
- Texas Civil Practice & Remedies Code Section 171.002 - Scope Of Chapter
(a) This chapter does not apply to: (1) a collective bargaining agreement between an employer and a labor union; (2) an agreement for the acquisition ...
- Texas Civil Practice & Remedies Code Section 171.003 - Uniform Interpretation
This chapter shall be construed to effect its purpose and make uniform the construction of other states' law applicable to an arbitration. Amended by Acts ...
- Texas Civil Practice & Remedies Code Section 171.021 - Proceeding To Compel Arbitration
(a) A court shall order the parties to arbitrate on application of a party showing: (1) an agreement to arbitrate; and (2) the opposing party's ...
- Texas Civil Practice & Remedies Code Section 171.022 - Unconscionable Agreements Unenforceable
A court may not enforce an agreement to arbitrate if the court finds the agreement was unconscionable at the time the agreement was made. Added ...
- Texas Civil Practice & Remedies Code Section 171.023 - Proceeding To Stay Arbitration
(a) A court may stay an arbitration commenced or threatened on application and a showing that there is not an agreement to arbitrate. (b) If ...
- Texas Civil Practice & Remedies Code Section 171.024 - Place For Making Application
(a) If there is a proceeding pending in a court involving an issue referable to arbitration under an alleged agreement to arbitrate, a party may ...
- Texas Civil Practice & Remedies Code Section 171.025 - Stay Of Related Proceeding
(a) The court shall stay a proceeding that involves an issue subject to arbitration if an order for arbitration or an application for that order ...
- Texas Civil Practice & Remedies Code Section 171.026 - Validity Of Underlying Claim
A court may not refuse to order arbitration because: (1) the claim lacks merit or bona fides; or (2) the fault or ground for the ...
- Texas Civil Practice & Remedies Code Section 171.041 - Appointment Of Arbitrators
(a) The method of appointment of arbitrators is as specified in the agreement to arbitrate. (b) The court, on application of a party stating the ...
- Texas Civil Practice & Remedies Code Section 171.042 - Majority Action By Arbitrators
The powers of the arbitrators are exercised by a majority unless otherwise provided by the agreement to arbitrate or this chapter. Added by Acts 1997, ...
- Texas Civil Practice & Remedies Code Section 171.043 - Hearing Conducted By Arbitrators
(a) Unless otherwise provided by the agreement to arbitrate, all the arbitrators shall conduct the hearing. A majority of the arbitrators may determine a question ...
- Texas Civil Practice & Remedies Code Section 171.044 - Time And Place Of Hearing; Notice
(a) Unless otherwise provided by the agreement to arbitrate, the arbitrators shall set a time and place for the hearing and notify each party. (b) ...
- Texas Civil Practice & Remedies Code Section 171.045 - Adjournment Or Postponement
Unless otherwise provided by the agreement to arbitrate, the arbitrators may: (1) adjourn the hearing as necessary; and (2) on request of a party and ...
- Texas Civil Practice & Remedies Code Section 171.046 - Failure Of Party To Appear
Unless otherwise provided by the agreement to arbitrate, the arbitrators may hear and determine the controversy on the evidence produced without regard to whether a ...
- Texas Civil Practice & Remedies Code Section 171.047 - Rights Of Party At Hearing
Unless otherwise provided by the agreement to arbitrate, a party at the hearing is entitled to: (1) be heard; (2) present evidence material to the ...
- Texas Civil Practice & Remedies Code Section 171.048 - Representation By Attorney; Fees
(a) A party is entitled to representation by an attorney at a proceeding under this chapter. (b) A waiver of the right described by Subsection ...
- Texas Civil Practice & Remedies Code Section 171.049 - Oath
The arbitrators, or an arbitrator at the direction of the arbitrators, may administer to each witness testifying before them the oath required of a witness ...
- Texas Civil Practice & Remedies Code Section 171.050 - Depositions
(a) The arbitrators may authorize a deposition: (1) for use as evidence to be taken of a witness who cannot be required by subpoena to ...
- Texas Civil Practice & Remedies Code Section 171.051 - Subpoenas
(a) The arbitrators, or an arbitrator at the direction of the arbitrators, may issue a subpoena for: (1) attendance of a witness; or (2) production ...
- Texas Civil Practice & Remedies Code Section 171.052 - Witness Fee
The fee for a witness attending a hearing or a deposition under this subchapter is the same as the fee for a witness in a ...
- Texas Civil Practice & Remedies Code Section 171.053 - Arbitrators' Award
(a) The arbitrators' award must be in writing and signed by each arbitrator joining in the award. (b) The arbitrators shall deliver a copy of ...
- Texas Civil Practice & Remedies Code Section 171.054 - Modification Or Correction To Award
(a) The arbitrators may modify or correct an award: (1) on the grounds stated in Section 171.091; or (2) to clarify the award. (b) A ...
- Texas Civil Practice & Remedies Code Section 171.055 - Arbitrator's Fees And Expenses
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, with other expenses incurred in conducting the arbitration, shall be paid as ...
- Texas Civil Practice & Remedies Code Section 171.081 - Jurisdiction
The making of an agreement described by Section 171.001 that provides for or authorizes an arbitration in this state and to which that section applies ...
- Texas Civil Practice & Remedies Code Section 171.082 - Application To Court; Fees
(a) The filing with the clerk of the court of an application for an order under this chapter, including a judgment or decree, invokes the ...
- Texas Civil Practice & Remedies Code Section 171.083 - Time For Filing
An applicant for a court order under this chapter may file the application: (1) before arbitration proceedings begin in support of those proceedings; (2) during ...
- Texas Civil Practice & Remedies Code Section 171.084 - Stay Of Certain Proceedings
(a) After an initial application is filed, the court may stay: (1) a proceeding under a later filed application in another court to: (A) invoke ...
- Texas Civil Practice & Remedies Code Section 171.085 - Contents Of Application
(a) A court may require that an application filed under this chapter: (1) show the jurisdiction of the court; (2) have attached a copy of ...
- Texas Civil Practice & Remedies Code Section 171.086 - Orders That May Be Rendered
(a) Before arbitration proceedings begin, in support of arbitration a party may file an application for a court order, including an order to: (1) invoke ...
- Texas Civil Practice & Remedies Code Section 171.087 - Confirmation Of Award
Unless grounds are offered for vacating, modifying, or correcting an award under Section 171.088 or 171.091, the court, on application of a party, shall confirm ...
- Texas Civil Practice & Remedies Code Section 171.088 - Vacating Award
(a) On application of a party, the court shall vacate an award if: (1) the award was obtained by corruption, fraud, or other undue means; ...
- Texas Civil Practice & Remedies Code Section 171.089 - Rehearing After Award Vacated
(a) On vacating an award on grounds other than the grounds stated in Section 171.088(a)(4), the court may order a rehearing before new arbitrators chosen: ...
- Texas Civil Practice & Remedies Code Section 171.090 - Type Of Relief Not Factor
The fact that the relief granted by the arbitrators could not or would not be granted by a court of law or equity is not ...
- Texas Civil Practice & Remedies Code Section 171.091 - Modifying Or Correcting Award
(a) On application, the court shall modify or correct an award if: (1) the award contains: (A) an evident miscalculation of numbers; or (B) an ...
- Texas Civil Practice & Remedies Code Section 171.092 - Judgment On Award
(a) On granting an order that confirms, modifies, or corrects an award, the court shall enter a judgment or decree conforming to the order. The ...
- Texas Civil Practice & Remedies Code Section 171.093 - Hearing; Notice
The court shall hear each initial and subsequent application under this subchapter in the manner and with the notice required by law or court rule ...
- Texas Civil Practice & Remedies Code Section 171.094 - Service Of Process For Initial Application
(a) On the filing of an initial application under this subchapter, the clerk of the court shall: (1) issue process for service on each adverse ...
- Texas Civil Practice & Remedies Code Section 171.095 - Service Of Process For Subsequent Applications
(a) After an initial application has been made, notice to an adverse party for each subsequent application shall be made in the same manner as ...
- Texas Civil Practice & Remedies Code Section 171.096 - Place Of Filing
(a) Except as otherwise provided by this section, a party must file the initial application: (1) in the county in which an adverse party resides ...
- Texas Civil Practice & Remedies Code Section 171.097 - Transfer
(a) On application of a party adverse to the party who filed the initial application, a court that has jurisdiction but that is located in ...
- Texas Civil Practice & Remedies Code Section 171.098 - Appeal
(a) A party may appeal a judgment or decree entered under this chapter or an order: (1) denying an application to compel arbitration made under ...
- Texas Civil Practice & Remedies Code Section 172.001 - Scope Of Chapter
(a) This chapter applies to international commercial arbitration and conciliation, subject to any agreement that is in force between the United States and another state ...
- Texas Civil Practice & Remedies Code Section 172.002 - Definitions
(a) In this chapter: (1) "Arbitration" includes any arbitration without regard to whether it is administered by a permanent arbitration institution. (2) "Arbitration agreement" means ...
- Texas Civil Practice & Remedies Code Section 172.003 - International Agreement
(a) An arbitration or conciliation agreement is international if: (1) the places of business of the parties to the agreement are located in different states ...
- Texas Civil Practice & Remedies Code Section 172.004 - Commercial Agreement
An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature, including: (1) a transaction for the supply ...
- Texas Civil Practice & Remedies Code Section 172.005 - Date Written Communications Received
(a) Except as agreed by the parties, a written communication is received on the day that it is delivered: (1) to the addressee personally; or ...
- Texas Civil Practice & Remedies Code Section 172.006 - Waiver Of Right To Object
(a) A party who proceeds with the arbitration knowing that a provision of this chapter or the arbitration agreement has not been complied with waives ...
- Texas Civil Practice & Remedies Code Section 172.007 - Delegation Of Certain Determinations
The parties may authorize a third party, including an institution, to determine any issue the parties may determine under this chapter, other than a determination ...
- Texas Civil Practice & Remedies Code Section 172.031 - Arbitration Agreements Valid
(a) A written arbitration agreement is valid and enforceable if the agreement is to arbitrate a controversy that: (1) exists at the time of the ...
- Texas Civil Practice & Remedies Code Section 172.032 - Requirements For Arbitration Agreement
(a) An arbitration agreement must be in writing. The agreement is in writing if it is contained in: (1) a document signed by each party; ...
- Texas Civil Practice & Remedies Code Section 172.033 - Rules Referred To In Agreement
An agreement of the parties under this chapter includes any arbitration or conciliation rules referred to by that agreement. Added by Acts 1997, 75th Leg., ...
- Texas Civil Practice & Remedies Code Section 172.051 - Number Of Arbitrators
An arbitration has one arbitrator unless the parties agree to additional arbitrators. Amended by Acts 1997, 75th Leg., ch. 165, § 5.02, eff. Sept. 1, ...
- Texas Civil Practice & Remedies Code Section 172.052 - Nationality Of Arbitrator
A person of any nationality may be an arbitrator. Amended by Acts 1997, 75th Leg., ch. 165, § 5.02, eff. Sept. 1, 1997. ...
- Texas Civil Practice & Remedies Code Section 172.053 - Appointment Of Arbitration Tribunal
(a) Subject to Sections 172.054(b), (c), and (d) and Section 172.055, the parties may agree on a procedure for appointing the arbitration tribunal. (b) If ...
- Texas Civil Practice & Remedies Code Section 172.054 - Appointment By Court
(a) On request of a party, the district court of the county in which the place of arbitration is located shall appoint each arbitrator if: ...
- Texas Civil Practice & Remedies Code Section 172.055 - Factors Considered
In appointing an arbitrator, the district court shall consider: (1) each qualification required of the arbitrator by the arbitration agreement; (2) any consideration making more ...
- Texas Civil Practice & Remedies Code Section 172.056 - Disclosure Of Grounds For Challenge
(a) Except as otherwise provided by this chapter, a person who is contacted in connection with the person's possible appointment or designation as an arbitrator ...
- Texas Civil Practice & Remedies Code Section 172.057 - Grounds For Challenge; Limitation
Except as provided by agreement of the parties or the rules governing the arbitration, a party may challenge an arbitrator only if circumstances exist that ...
- Texas Civil Practice & Remedies Code Section 172.058 - Challenge After Appointment
A party who appointed or participated in the appointment of an arbitrator may challenge that arbitrator only for a reason that the party becomes aware ...
- Texas Civil Practice & Remedies Code Section 172.059 - Challenge Procedure
(a) The parties may agree on a procedure for challenging an arbitrator. A decision reached under that procedure is final. (b) If there is not ...
- Texas Civil Practice & Remedies Code Section 172.060 - Appeal Of Unsuccessful Challenge
(a) If a challenge under Sections 172.059(b) and (c) is unsuccessful, the challenging party, not later than the 30th day after the date the party ...
- Texas Civil Practice & Remedies Code Section 172.061 - Failure Or Impossibility To Act
(a) The mandate of an arbitrator terminates if the arbitrator: (1) is unable to perform the arbitrator's functions or for another reason fails to act ...
- Texas Civil Practice & Remedies Code Section 172.062 - Termination Of Mandate
The mandate of an arbitrator terminates: (1) on withdrawal from office; (2) when the parties agree; or (3) as provided by Section 172.059, 172.060, or ...
- Texas Civil Practice & Remedies Code Section 172.063 - Substitution Of Arbitrator
(a) When the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of ...
- Texas Civil Practice & Remedies Code Section 172.064 - Withdrawal Of Arbitrator
The withdrawal of an arbitrator from office or the agreement of a party to the termination of the mandate of an arbitrator under Section 172.059(c) ...
- Texas Civil Practice & Remedies Code Section 172.081 - Decision Of Arbitration Tribunal
(a) Except as agreed by the parties or as provided by Subsection (b), in an arbitration with more than one arbitrator, a decision of the ...
- Texas Civil Practice & Remedies Code Section 172.082 - Determination Of Jurisdiction Of Arbitration Tribunal
(a) The arbitration tribunal may rule on its own jurisdiction, including an objection with respect to the existence or validity of the arbitration agreement. For ...
- Texas Civil Practice & Remedies Code Section 172.083 - Interim Measures Ordered By Arbitration Tribunal
(a) Except as agreed by the parties, the arbitration tribunal, at the request of a party, may order a party to take an interim measure ...
- Texas Civil Practice & Remedies Code Section 172.101 - Equal Treatment Of Parties
The arbitration tribunal shall: (1) treat each party with equality; and (2) give each party a full opportunity to present the party's case. Amended by ...
- Texas Civil Practice & Remedies Code Section 172.102 - Substantive Rules
(a) The arbitration tribunal shall decide the dispute according to the rules of law designated by the parties as applicable to the substance of the ...
- Texas Civil Practice & Remedies Code Section 172.103 - Rules Of Procedure
(a) The parties may agree on the procedure to be followed by the arbitration tribunal in conducting the arbitration, subject to this chapter. (b) If ...
- Texas Civil Practice & Remedies Code Section 172.104 - Rules Of Evidence
The power of the arbitration tribunal under Section 172.103(b) includes the power to determine the admissibility, relevance, materiality, and weight of any evidence. Amended by ...
- Texas Civil Practice & Remedies Code Section 172.105 - Subpoena
(a) The arbitration tribunal may issue a subpoena as provided by Section 171.051. (b) Section 171.052 applies with respect to a subpoena issued under this ...
- Texas Civil Practice & Remedies Code Section 172.106 - Place Of Arbitration
(a) The parties may agree on the place of arbitration. (b) If the parties do not agree, the arbitration tribunal shall determine the place of ...
- Texas Civil Practice & Remedies Code Section 172.107 - Commencement Of Arbitration
Except as agreed by the parties, the arbitration begins on the date a request for the dispute to be referred to arbitration is received by ...
- Texas Civil Practice & Remedies Code Section 172.108 - Language
(a) The parties may agree on the language or languages to be used in the arbitration. (b) If the parties do not agree, the arbitration ...
- Texas Civil Practice & Remedies Code Section 172.109 - Statement Of Claim Or Defense
(a) Within the period agreed on by the parties or determined by the arbitration tribunal: (1) the claimant shall state: (A) the facts supporting the ...
- Texas Civil Practice & Remedies Code Section 172.110 - Supplement Or Amendment To Statement
A party may amend or supplement a claim or defense during the arbitration unless: (1) the parties have otherwise agreed; or (2) the arbitration tribunal ...
- Texas Civil Practice & Remedies Code Section 172.111 - Hearings
(a) Except as agreed by the parties, the arbitration tribunal shall decide whether to: (1) hold oral hearings for the presentation of evidence or for ...
- Texas Civil Practice & Remedies Code Section 172.112 - Hearing Or Meeting In Camera
Except as agreed by the parties, the arbitration tribunal shall hold in camera: (1) an oral hearing; or (2) a meeting in the arbitration. Added ...
- Texas Civil Practice & Remedies Code Section 172.113 - Written Information
(a) A statement, document, or other information supplied to or an application made to the arbitration tribunal by a party shall be communicated to the ...
- Texas Civil Practice & Remedies Code Section 172.114 - Default Of Party
(a) Except as agreed by the parties, the arbitration tribunal shall terminate the arbitration if the claimant without showing sufficient cause fails to communicate the ...
- Texas Civil Practice & Remedies Code Section 172.115 - Award After Party Fails To Appear Or Produce Evidence
Except as agreed by the parties, if a party without showing sufficient cause fails to appear at an oral hearing or to produce documentary evidence, ...
- Texas Civil Practice & Remedies Code Section 172.116 - Appointed Expert
(a) Except as agreed by the parties, the arbitration tribunal may: (1) appoint an expert to report to it on a specific issue to be ...
- Texas Civil Practice & Remedies Code Section 172.117 - Settlement
(a) An arbitration tribunal may: (1) encourage settlement of the dispute; and (2) with the agreement of the parties, use mediation, conciliation, or another procedure ...
- Texas Civil Practice & Remedies Code Section 172.118 - Termination Of Proceedings
(a) An arbitration is terminated by the final arbitration award or by an order of the arbitration tribunal under Subsection (b). The award is final ...
- Texas Civil Practice & Remedies Code Section 172.141 - Form And Content Of Arbitration Award
(a) An arbitration award must be in writing and signed by all the members of the arbitration tribunal. In an arbitration with more than one ...
- Texas Civil Practice & Remedies Code Section 172.142 - Delivery Of Award
After the arbitration award is made, a signed copy shall be delivered to each party. Added by Acts 1997, 75th Leg., ch. 165, § 5.02, ...
- Texas Civil Practice & Remedies Code Section 172.143 - Interim Award
(a) The arbitration tribunal may, at any time during the arbitration, make an interim arbitration award on a matter with respect to which it may ...
- Texas Civil Practice & Remedies Code Section 172.144 - Interest
Except as agreed by the parties, the arbitration tribunal may award interest. Added by Acts 1997, 75th Leg., ch. 165, § 5.02, eff. Sept. 1, ...
- Texas Civil Practice & Remedies Code Section 172.145 - Costs
(a) Except as agreed by the parties, an award of costs of an arbitration is at the discretion of the arbitration tribunal. (b) In making ...
- Texas Civil Practice & Remedies Code Section 172.146 - Award On Agreed Terms
(a) The arbitration tribunal shall make an award on agreed terms as provided by Section 172.117. An award on agreed terms must state that it ...
- Texas Civil Practice & Remedies Code Section 172.147 - Correction And Interpretation Of Awards
(a) Not later than the 30th day after the date of receipt of the arbitration award, unless another period has been agreed to by the ...
- Texas Civil Practice & Remedies Code Section 172.148 - Additional Award
(a) Except as agreed by the parties, a party may request, not later than the 30th day after the date of receipt of the arbitration ...
- Texas Civil Practice & Remedies Code Section 172.149 - Extension Of Time
The arbitration tribunal may, if necessary, extend the period within which it may make a correction, give an interpretation, or make an additional award under ...
- Texas Civil Practice & Remedies Code Section 172.150 - Applicable Law
Sections 172.141, 172.142, 172.144, and 172.145 apply to: (1) a correction or interpretation of an arbitration award under Section 172.147; or (2) an additional award ...
- Texas Civil Practice & Remedies Code Section 172.171 - Role Of Court
A court may not intervene in a matter governed by this chapter except as provided by this chapter or federal law. Added by Acts 1997, ...
- Texas Civil Practice & Remedies Code Section 172.172 - Assistance In Taking Evidence
The arbitration tribunal or a party with the approval of the tribunal may request assistance from a district court in taking evidence, and the court ...
- Texas Civil Practice & Remedies Code Section 172.173 - Consolidation
(a) If the parties to two or more arbitration agreements agree, in the respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of ...
- Texas Civil Practice & Remedies Code Section 172.174 - Stay Of Court Proceedings
(a) On request of a party, a court in which a pending judicial proceeding is being brought by a party to an arbitration agreement to ...
- Texas Civil Practice & Remedies Code Section 172.175 - Interim Orders
(a) A party to an arbitration agreement may request an interim measure of protection from a district court before or during an arbitration. (b) A ...
- Texas Civil Practice & Remedies Code Section 172.201 - Policy
It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation under this ...
- Texas Civil Practice & Remedies Code Section 172.202 - Appointment Of Conciliator
The parties to an agreement or transaction may select or permit an arbitration tribunal or other third party to select one or more persons to ...
- Texas Civil Practice & Remedies Code Section 172.203 - Conduct Of Conciliation
(a) A conciliator: (1) shall be guided by principles of objectivity, fairness, and justice; and (2) shall consider, among other things: (A) the rights and ...
- Texas Civil Practice & Remedies Code Section 172.204 - Representation And Assistance
In a conciliation proceeding, each party may appear in person or be represented or assisted by a person of the party's choice. Amended by Acts ...
- Texas Civil Practice & Remedies Code Section 172.205 - Draft Conciliation Settlement
(a) At any time during the conciliation, the conciliator may prepare a draft conciliation settlement and send a copy to each party, stating the time ...
- Texas Civil Practice & Remedies Code Section 172.206 - Confidentiality
(a) Evidence of anything said or of an admission made in the course of a conciliation is not admissible in evidence, and disclosure of that ...
- Texas Civil Practice & Remedies Code Section 172.207 - Stay Of Arbitration And Resort To Other Proceedings
(a) The agreement of the parties to submit a dispute to conciliation is an agreement of the parties to stay a judicial proceeding or arbitration ...
- Texas Civil Practice & Remedies Code Section 172.208 - Termination Of Conciliation
(a) A conciliation proceeding may be terminated as to each party by: (1) a written declaration of each conciliator, after consultation with the parties, that ...
- Texas Civil Practice & Remedies Code Section 172.209 - Conflict Of Interest
Except as provided by rules adopted for the conciliation or arbitration, a person who has served as conciliator may not be appointed as an arbitrator ...
- Texas Civil Practice & Remedies Code Section 172.210 - Participation Not Waiver Of Rights
(a) A party by submitting to conciliation does not waive a right or remedy that party would have had if conciliation had not been initiated. ...
- Texas Civil Practice & Remedies Code Section 172.211 - Enforceability
A conciliation agreement has the same force and effect as a final arbitration award if the agreement: (1) settles the dispute; (2) is in writing; ...
- Texas Civil Practice & Remedies Code Section 172.212 - Costs
(a) On termination of the conciliation proceedings, the conciliator shall set the costs of the conciliation and give written notice of the costs to each ...
- Texas Civil Practice & Remedies Code Section 172.213 - No Consent To Jurisdiction
A request for conciliation, a consent to participate or participation in the conciliation, or the entering into a conciliation agreement or settlement is not consent ...
- Texas Civil Practice & Remedies Code Section 172.214 - Not Subject To Service Of Process
A conciliator, party, or representative of a conciliator or party, while present in this state to arrange for or participate in conciliation under this chapter, ...
- Texas Civil Practice & Remedies Code Section 172.215 - Conciliator Immune
A conciliator is not liable in an action for damages resulting from an act or omission in the performance of the person's role as a ...
- Texas Civil Practice & Remedies Code Section 173.001 - Purpose
The purpose of this chapter is to abrogate the common law arbitration rule prohibiting specific enforcement of executory arbitration agreements. Added by Acts 1997, 75th ...
- Texas Civil Practice & Remedies Code Section 173.002 - Scope Of Chapter
This chapter applies only to the arbitration of a controversy between members of an association or corporation that is: (1) exempt from the payment of ...
- Texas Civil Practice & Remedies Code Section 173.003 - Agreement Or Bylaw Provision Valid
(a) A written agreement to submit a controversy to arbitration at common law is valid and enforceable if the agreement is to arbitrate a controversy ...
Last modified: August 11, 2007
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