Texas Civil Practice And Remedies Code Title 3, Chapter 64 - Receivership

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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...

SUBCHAPTER B QUALIFICATIONS, OATH, AND BOND

• Texas 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 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 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, Sec....

SUBCHAPTER C POWERS AND DUTIES

• Texas 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 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 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 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, Sec. 1, eff. Sept....
• Texas 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 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...

SUBCHAPTER D CLAIMS AND LIABILITIES

• Texas 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 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 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 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 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 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...

SUBCHAPTER E PROVISIONS RELATING TO RECEIVERSHIP OF CORPORATIONS

• Texas 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 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 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 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 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 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 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...

SUBCHAPTER F RECEIVER FOR CERTAIN MINERAL INTERESTS

• Texas 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 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 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...

SUBCHAPTER G RECEIVER FOR CERTAIN MISSING PERSONS

• Texas 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 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 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 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 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 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 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 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 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...

Last modified: September 28, 2016