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• Texas Property 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 Property 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 Property 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 Property Code Section 2.001 - Manufactured Housing
  (a) Except as provided by Subsection (b), a manufactured home is personal property. (b) A manufactured home is real property if: (1) the statement of ...
• Texas Property Code Section 2.002 - Dry Fire Hydrants: Agreement Is Personal
  (a) An agreement between an owner, lessee, or occupant of real property and a fire-fighting agency relating to the connection of a dry fire hydrant ...
• Texas Property Code Section 5.001 - Fee Simple
  (a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a ...
• Texas Property Code Section 5.002 - Failing As A Conveyance
  An instrument intended as a conveyance of real property or an interest in real property that, because of this chapter, fails as a conveyance in ...
• Texas Property Code Section 5.003 - Partial Conveyance
  (a) An alienation of real property that purports to transfer a greater right or estate in the property than the person making the alienation may ...
• Texas Property Code Section 5.004 - Conveyance By Authorized Officer
  (a) A conveyance of real property by an officer legally authorized to sell the property under a judgment of a court within the state passes ...
• Texas Property Code Section 5.005 - Aliens
  An alien has the same real and personal property rights as a United States citizen. Acts 1983, 68th Leg., p. 3481, ch. 576, § 1, ...
• Texas Property Code Section 5.006 - Attorney's Fees In Breach Of Restrictive Covenant Action
  (a) In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted ...
• Texas Property Code Section 5.007 - Vendor And Purchaser Risk Act
  (a) Any contract made in this state for the purchase and sale of real property shall be interpreted as including an agreement that the parties ...
• Texas Property Code Section 5.008 - Seller's Disclosure Of Property Condition
  (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the ...
• Texas Property Code Section 5.009 - Duties Of Life Tenant
  (a) Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy ...
• Texas Property Code Section 5.010 - Notice Of Additional Tax Liability
  (a) A person who is the owner of an interest in vacant land and who contracts for the transfer of that interest shall include in ...
• Texas Property Code Section 5.011 - Seller's Disclosure Regarding Potential Annexation
  (a) A person who sells an interest in real property in this state shall give to the purchaser of the property a written notice that ...
• Texas Property Code Section 5.012 - Notice Of Obligations Related To Membership In Property Owners' Association
  (a) A seller of residential real property that is subject to membership in a property owners' association and that comprises not more than one dwelling ...
• Texas Property Code Section 5.013 - Seller's Disclosure Of Location Of Conditions Under Surface Of Unimproved Real Property
  (a) A seller of unimproved real property to be used for residential purposes shall provide to the purchaser of the property a written notice disclosing ...
• Texas Property Code Section 5.014 - Prohibited Fees
  Text of section as added by Acts 2005, 79th Leg., ch. 825, § 14, effective September 1, 2005 A person who has a right ...
• Texas Property Code Section 5.014 - Notice Of Obligations Related To Public Improvement District
  Text of section as added by Acts 2005, 79th Leg., ch. 1085, § 1, effective January 1, 2006 (a) A seller of residential real ...
• Texas Property Code Section 5.021 - Instrument Of Conveyance
  A conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing ...
• Texas Property Code Section 5.022 - Form
  (a) The following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of ...
• Texas Property Code Section 5.023 - Implied Covenants
  (a) Unless the conveyance expressly provides otherwise, the use of "grant" or "convey" in a conveyance of an estate of inheritance or fee simple implies ...
• Texas Property Code Section 5.024 - Encumbrances
  "Encumbrance" includes a tax, an assessment, and a lien on real property. Acts 1983, 68th Leg., p. 3482, ch. 576, § 1, eff. Jan. 1, ...
• Texas Property Code Section 5.025 - Wood Shingle Roof
  To the extent that a deed restriction applicable to a structure on residential property requires the use of a wood shingle roof, the restriction is ...
• Texas Property Code Section 5.026 - Discriminatory Provisions
  (a) If a restriction that affects real property, or a provision in a deed that conveys real property or an interest in real property, whether ...
• Texas Property Code Section 5.041 - Future Estates
  A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as ...
• Texas Property Code Section 5.042 - Abolition Of Common-Law Rules
  (a) The common-law rules known as the rule in Shelley's case, the rule forbidding a remainder to the grantor's heirs, the doctrine of worthier title, ...
• Texas Property Code Section 5.043 - Reformation Of Interests Violating Rule Against Perpetuities
  (a) Within the limits of the rule against perpetuities, a court shall reform or construe an interest in real or personal property that violates the ...
• Texas Property Code Section 5.061 - Definition
  In this subchapter, "default" means the failure to: (1) make a timely payment; or (2) comply with a term of an executory contract. Added by ...
• Texas Property Code Section 5.062 - Applicability
  (a) This subchapter applies only to a transaction involving an executory contract for conveyance of real property used or to be used as the purchaser's ...
• Texas Property Code Section 5.0621 - Construction With Other Law
  (a) Except as provided by Subsection (b), the provisions of this subchapter and Chapter 92 apply to the portion of an executory contract described by ...
• Texas Property Code Section 5.063 - Notice
  (a) Notice under Section 5.064 must be in writing and must be delivered by registered or certified mail, return receipt requested. The notice must be ...
• Texas Property Code Section 5.064 - Seller's Remedies On Default
  A seller may enforce the remedy of rescission or of forfeiture and acceleration against a purchaser in default under an executory contract for conveyance of ...
• Texas Property Code Section 5.065 - Right To Cure Default
  Notwithstanding an agreement to the contrary, a purchaser in default under an executory contract for the conveyance of real property may avoid the enforcement of ...
• Texas Property Code Section 5.066 - Equity Protection; Sale Of Property
  (a) If a purchaser defaults after the purchaser has paid 40 percent or more of the amount due or the equivalent of 48 monthly payments ...
• Texas Property Code Section 5.067 - Placement Of Lien For Utility Service
  Notwithstanding any terms of a contract to the contrary, the placement of a lien for the reasonable value of improvements to residential real estate for ...
• Texas Property Code Section 5.068 - Foreign Language Requirement
  If the negotiations that precede the execution of an executory contract are conducted primarily in a language other than English, the seller shall provide a ...
• Texas Property Code Section 5.069 - Seller's Disclosure Of Property Condition
  (a) Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with: (1) a survey, which was completed within the ...
• Texas Property Code Section 5.070 - Seller's Disclosure Of Tax Payments And Insurance Coverage
  (a) Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with: (1) a tax certificate from the collector for ...
• Texas Property Code Section 5.071 - Seller's Disclosure Of Financing Terms
  Before an executory contract is signed by the purchaser, the seller shall provide to the purchaser a written statement that specifies: (1) the purchase price ...
• Texas Property Code Section 5.072 - Oral Agreements Prohibited
  (a) An executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party's ...
• Texas Property Code Section 5.073 - Contract Terms, Certain Waivers Prohibited
  (a) A seller may not include as a term of the executory contract a provision that: (1) imposes an additional late-payment fee that exceeds the ...
• Texas Property Code Section 5.074 - Purchaser's Right To Cancel Contract Without Cause
  (a) In addition to other rights or remedies provided by law, the purchaser may cancel and rescind an executory contract for any reason by sending ...
• Texas Property Code Section 5.075 - Purchaser's Right To Pledge Interest In Property On Contracts Entered Into Before September 1, 2001
  (a) On an executory contract entered into before September 1, 2001 , a purchaser may pledge the interest in the property, which accrues pursuant to ...
• Texas Property Code Section 5.076 - Recording Requirements
  (a) Except as provided by Subsection (b), the seller shall record the executory contract, including the attached disclosure statement required by Section 5.069, as prescribed ...
• Texas Property Code Section 5.077 - Annual Accounting Statement
  (a) The seller shall provide the purchaser with an annual statement in January of each year for the term of the executory contract. If the ...
• Texas Property Code Section 5.078 - Disposition Of Insurance Proceeds
  (a) The named insured under an insurance policy, binder, or other coverage relating to property subject to an executory contract for the conveyance of real ...
• Texas Property Code Section 5.079 - Title Transfer
  (a) The seller shall transfer recorded, legal title of the property covered by the executory contract to the purchaser not later than the 30th day ...
• Texas Property Code Section 5.080 - Liability For Disclosures
  For purposes of this subchapter, a disclosure required by this subchapter that is made by a seller's agent is a disclosure made by the seller. ...
• Texas Property Code Section 5.081 - Right To Convert Contract
  (a) A purchaser, at any time and without paying penalties or charges of any kind, is entitled to convert the purchaser's interest in property under ...
• Texas Property Code Section 5.082 - Request For Balance And Trustee
  (a) A purchaser under an executory contract, on written request, is entitled to receive the following information from the seller: (1) as of the date ...
• Texas Property Code Section 5.083 - Right To Cancel Contract For Improper Platting
  (a) Except as provided by Subsection (c), in addition to other rights or remedies provided by law, the purchaser may cancel and rescind an executory ...
• Texas Property Code Section 5.084 - Right To Deduct
  If a seller is liable to a purchaser under this subchapter, the purchaser, without taking judicial action, may deduct the amount owed to the purchaser ...
• Texas Property Code Section 5.085 - Fee Simple Title Required; Maintenance Of Fee Simple Title
  (a) A potential seller may not execute an executory contract with a potential purchaser if the seller does not own the property in fee simple ...
• Texas Property Code Section 5.151 - Disclosure In Offer To Purchase Mineral Interest
  (a) A person who mails to the owner of a mineral or royalty interest an offer to purchase only the mineral or royalty interest, it ...
• Texas Property Code Section 11.001 - Place Of Recording
  (a) To be effectively recorded, an instrument relating to real property must be eligible for recording and must be recorded in the county in which ...
• Texas Property Code Section 11.002 - English Language
  (a) An instrument relating to real or personal property may not be recorded unless it is in English or complies with this section. (b) An ...
• Texas Property Code Section 11.003 - Grantee's Address
  (a) An instrument executed after December 31, 1981, conveying an interest in real property may not be recorded unless: (1) a mailing address of each ...
• Texas Property Code Section 11.004 - Duty Of Recorder
  (a) A county clerk shall: (1) correctly record, as required by law, within a reasonable time after delivery, any instrument authorized or required to be ...
• Texas Property Code Section 11.005 - Judgment Proving An Instrument Or Correcting A Certificate
  (a) A person interested under an instrument that may be proved for record may bring an action in district court for a judgment proving the ...
• Texas Property Code Section 11.006 - Instrument Affecting Title To Land In Archer County
  An instrument that in any manner affects title to land in Archer County, Texas, but was recorded in Jack County on or after August 10, ...
• Texas Property Code Section 11.007 - Effect Of Citation To Real Property Records
  A reference in an instrument to the volume and page number, film code number, or county clerk file number of the "real property records" (or ...
• Texas Property Code Section 11.008 - Confidential Information In Real Property Records
  (a) In this section, "instrument" means a deed or deed of trust. (b) Notwithstanding Section 191.007(c), Local Government Code, an instrument transferring an interest in ...
• Texas Property Code Section 12.001 - Instruments Concerning Property
  (a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according ...
• Texas Property Code Section 12.002 - Subdivision Plat; Penalty
  (a) The county clerk or a deputy of the clerk with whom a plat or replat of a subdivision of real property is filed for ...
• Texas Property Code Section 12.003 - Instrument In General Land Office Or Archives
  (a) If written evidence of title to land has been filed according to law in the General Land Office or is in the public archives, ...
• Texas Property Code Section 12.004 - Foreign Deed
  If written evidence of title to land has been filed outside the county in which the land is located or outside the state, a copy ...
• Texas Property Code Section 12.005 - Partition
  (a) A court order partitioning or allowing recovery of title to land must be recorded with the county clerk of the county in which the ...
• Texas Property Code Section 12.006 - Grant From Government
  A grant from this state or the United States that is executed and authenticated under the law in effect at the time the grant is ...
• Texas Property Code Section 12.007 - Lis Pendens
  (a) After the plaintiff's statement in an eminent domain proceeding is filed or during the pendency of an action involving title to real property, the ...
• Texas Property Code Section 12.008 - Cancellation Of Lis Pendens
  (a) On the motion of a party or other person interested in the result of or in property affected by a proceeding in which a ...
• Texas Property Code Section 12.009 - Mortgage Or Deed Of Trust Master Form
  (a) A master form of a mortgage or deed of trust may be recorded in any county without acknowledgement or proof. The master form must ...
• Texas Property Code Section 12.011 - Certificate Of Redemption
  An instrument issued by the United States that redeems or evidences redemption of real property from a judicial sale or from a nonjudicial sale under ...
• Texas Property Code Section 12.012 - Attachment
  (a) If an officer files a writ of attachment on real property with a county clerk, the clerk shall record the name of each plaintiff ...
• Texas Property Code Section 12.013 - Judgment
  A judgment of a court may be recorded if: (1) the judgment is of a court: (A) expressly created or established under the constitution or ...
• Texas Property Code Section 12.014 - Transfer Of Judgment Or Cause Of Action
  (a) A judgment or part of a judgment of a court of record or an interest in a cause of action on which suit has ...
• Texas Property Code Section 12.015 - Judgment In Justice Court
  (a) On the application of a party interested in land that has been sold under an execution issued by a justice court, the justice of ...
• Texas Property Code Section 12.016 - Power Of Attorney
  A power of attorney may be recorded. Acts 1983, 68th Leg., p. 3495, ch. 576, § 1, eff. Jan. 1, 1984. ...
• Texas Property Code Section 12.017 - Title Insurance Company Affidavit As Release Of Lien; Civil Penalty
  (a) In this section: (1) "Mortgage" means a deed of trust or other contract lien on an interest in real property. (2) "Mortgagee" means: (A) ...
• Texas Property Code Section 12.018 - Transfer By Receiver Or Conservator Of Failed Depository Institution
  If a bank, savings and loan association, savings bank, or other depository institution is placed in receivership or conservatorship by a state or federal agency, ...
• Texas Property Code Section 13.001 - Validity Of Unrecorded Instrument
  (a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor ...
• Texas Property Code Section 13.002 - Effect Of Recorded Instrument
  An instrument that is properly recorded in the proper county is: (1) notice to all persons of the existence of the instrument; and (2) subject ...
• Texas Property Code Section 13.003 - Instruments Previously Recorded In Other Counties
  The original or a certified copy of a conveyance, covenant, agreement, deed of trust, or mortgage, relating to land, that has been recorded in a ...
• Texas Property Code Section 13.004 - Effect Of Recording Lis Pendens
  (a) A recorded lis pendens is notice to the world of its contents. The notice is effective from the time it is filed for record, ...
• Texas Property Code Section 13.005 - Effect Of Recording Judgment Of Justice Court
  A certified transcript of a justice court judgment recorded under Section 12.015 of this code has the same effect as a recorded deed. A court ...
• Texas Property Code Section 14.001 - Scope
  This chapter applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted ...
• Texas Property Code Section 14.002 - Place Of Filing
  (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter. (b) ...
• Texas Property Code Section 14.003 - Execution Of Notices And Certificates
  Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, ...
• Texas Property Code Section 14.004 - Duties Of Filing Officer
  (a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in ...
• Texas Property Code Section 14.005 - Fee
  The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is $10. The filing of the same notice ...
• Texas Property Code Section 14.006 - Uniformity Of Application And Construction
  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter ...
• Texas Property Code Section 14.007 - Short Title
  This chapter may be cited as the Uniform Federal Lien Registration Act. Added by Acts 1989, 71st Leg., ch. 945, § 1, eff. Sept. 1, ...
• Texas Property Code Section 15.001 - Short Title
  This chapter may be cited as the Uniform Real Property Electronic Recording Act. Added by Acts 2005, 79th Leg., ch. 699, § 1, eff. Sept. ...
• Texas Property Code Section 15.002 - Definitions
  In this chapter: (1) "Document" means information that is: (A) inscribed on a tangible medium or that is stored in an electronic or other medium ...
• Texas Property Code Section 15.003 - Uniformity Of Application And Construction
  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter ...
• Texas Property Code Section 15.004 - Validity Of Electronic Documents
  (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be ...
• Texas Property Code Section 15.005 - Recording Of Documents
  (a) A county clerk who implements any of the functions described by this section shall act in compliance with rules adopted by the Texas State ...
• Texas Property Code Section 15.006 - Uniform Standards
  (a) The Texas State Library and Archives Commission by rule shall adopt standards to implement this chapter. (b) To keep the standards and practices of ...
• Texas Property Code Section 15.007 - Relation To Electronic Signatures In Global And National Commerce Act
  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not ...
• Texas Property Code Section 15.008 - Construction With Other Law
  Except as otherwise provided by this chapter, Chapter 195, Local Government Code, and the rules adopted by the Texas State Library and Archives Commission under ...
• Texas Property Code Section 21.001 - Concurrent Jurisdiction
  District courts and county courts at law have concurrent jurisdiction in eminent domain cases. A county court has no jurisdiction in eminent domain cases. Acts ...
• Texas Property Code Section 21.002 - Transfer Of Cases
  If an eminent domain case is pending in a county court at law and the court determines that the case involves an issue of title ...
• Texas Property Code Section 21.003 - District Court Authority
  A district court may determine all issues, including the authority to condemn property and the assessment of damages, in any suit: (1) in which this ...
• Texas Property Code Section 21.011 - Standard Procedure
  Exercise of the eminent domain authority in all cases is governed by Sections 21.012 through 21.016 of this code. Acts 1983, 68th Leg., p. 3498, ...
• Texas Property Code Section 21.0111 - Disclosure Of Information Required
  (a) A governmental entity with eminent domain authority that wants to acquire real property for a public use shall disclose to the property owner at ...
• Texas Property Code Section 21.012 - Condemnation Petition
  (a) If the United States, this state, a political subdivision of this state, a corporation with eminent domain authority, or an irrigation, water improvement, or ...
• Texas Property Code Section 21.0121 - Condemnation To Acquire Water Rights
  (a) In addition to the contents prescribed by Section 21.012(b), a condemnation petition filed by a political subdivision of this state for the purpose of ...
• Texas Property Code Section 21.013 - Venue; Fees And Processing For Suit Filed In District Court
  (a) The venue of a condemnation proceeding is the county in which the owner of the property being condemned resides if the owner resides in ...
• Texas Property Code Section 21.014 - Special Commissioners
  (a) The judge of a court in which a condemnation petition is filed or to which an eminent domain case is assigned shall appoint three ...
• Texas Property Code Section 21.015 - Hearing
  (a) The special commissioners in an eminent domain proceeding shall promptly schedule a hearing for the parties at the earliest practical time and at a ...
• Texas Property Code Section 21.016 - Notice
  (a) Each party in an eminent domain proceeding is entitled to written notice issued by the special commissioners informing the party of the time and ...
• Texas Property Code Section 21.017 - Alternative Pleadings
  (a) This state, a political subdivision of this state, a person, an association of persons, or a corporation that is a party to a suit ...
• Texas Property Code Section 21.018 - Appeal From Commissioners' Findings
  (a) A party to a condemnation proceeding may object to the findings of the special commissioners by filing a written statement of the objections and ...
• Texas Property Code Section 21.019 - Dismissal Of Condemnation Proceedings
  (a) A party that files a condemnation petition may move to dismiss the proceedings, and the court shall conduct a hearing on the motion. However, ...
• Texas Property Code Section 21.0195 - Dismissal Of Certain Condemnation Proceedings; Texas Department Of Transportation
  (a) This section applies only to the dismissal of a condemnation proceeding that involves the Texas Department of Transportation. (b) The department may move to ...
• Texas Property Code Section 21.020 - Reinstatement Of Condemnation Proceedings
  If a condemnor moves to dismiss a condemnation proceeding and subsequently files a petition to condemn substantially the same property interest from the same property ...
• Texas Property Code Section 21.021 - Possession Pending Litigation
  (a) After the special commissioners have made an award in a condemnation proceeding, except as provided by Subsection (c) of this section, the condemnor may ...
• Texas Property Code Section 21.0211 - Payment Of Ad Valorem Taxes
  (a) A court may not authorize withdrawal of any money deposited under Section 21.021 unless the petitioner for the money files with the court: (1) ...
• Texas Property Code Section 21.022 - Authority Of Courts
  Laws that formerly governed the performance of functions by county clerks and judges in eminent domain proceedings are applicable to the clerks and judges of ...
• Texas Property Code Section 21.023 - Disclosure Of Information Required At Time Of Acquisition
  A governmental entity shall disclose in writing to the property owner, at the time of acquisition of the property through eminent domain, that: (1) the ...
• Texas Property Code Section 21.041 - Evidence
  As the basis for assessing actual damages to a property owner from a condemnation, the special commissioners shall admit evidence on: (1) the value of ...
• Texas Property Code Section 21.042 - Assessment Of Damages
  (a) The special commissioners shall assess damages in a condemnation proceeding according to the evidence presented at the hearing. (b) If an entire tract or ...
• Texas Property Code Section 21.0421 - Assessment Of Damages: Groundwater Rights
  (a) In a condemnation proceeding initiated by a political subdivision under this chapter, the special commissioners or court shall admit evidence relating to the market ...
• Texas Property Code Section 21.043 - Displacement From Dwelling Or Place Of Business
  (a) A property owner who is permanently physically displaced from the property owner's dwelling or place of business and who is not entitled to reimbursement ...
• Texas Property Code Section 21.044 - Damages From Temporary Possession
  (a) If a court finally determines that a condemnor who has taken possession of property pending litigation did not have the right to condemn the ...
• Texas Property Code Section 21.045 - Title Acquired
  Except where otherwise expressly provided by law, the interest acquired by a condemnor under this chapter does not include the fee simple title to real ...
• Texas Property Code Section 21.046 - Relocation Assistance Program
  (a) A department, agency, instrumentality, or political subdivision of this state may provide a relocation advisory service for an individual, a family, a business concern, ...
• Texas Property Code Section 21.047 - Assessment Of Costs
  (a) Special commissioners may adjudge the costs of an eminent domain proceeding against any party. If the commissioners award greater damages than the condemnor offered ...
• Texas Property Code Section 21.048 - Statement Of Damages And Costs
  After the special commissioners in an eminent domain proceeding have assessed the damages, they shall: (1) make a written statement of their decision stating the ...
• Texas Property Code Section 21.049 - Notice Of Decision Of Special Commissioners
  The judge of a court hearing a proceeding under this chapter shall inform the clerk of the court as to a decision by the special ...
• Texas Property Code Section 21.061 - Judgment On Commissioners' Findings
  If no party in a condemnation proceeding files timely objections to the findings of the special commissioners, the judge of the court that has jurisdiction ...
• Texas Property Code Section 21.062 - Writ Of Possession
  If a condemnor in a condemnation proceeding has taken possession of property pending litigation and the court finally decides that the condemnor does not have ...
• Texas Property Code Section 21.063 - Appeal
  (a) The appeal of a judgment in a condemnation proceeding is as in other civil cases. (b) A court hearing an appeal from the decision ...
• Texas Property Code Section 21.064 - Injunctive Relief
  (a) A court hearing a suit covered by Section 21.003 of this code may grant injunctive relief under the rules of equity. (b) Instead of ...
• Texas Property Code Section 21.065 - Vested Interest
  A judgment of a court under this chapter vests a right granted to a condemnor. Acts 1983, 68th Leg., p. 3508, ch. 576, § 1, ...
• Texas Property Code Section 21.101 - Applicability
  (a) Except as provided in Subsection (b), this subchapter applies only to a real property interest acquired by a governmental entity through eminent domain for ...
• Texas Property Code Section 21.102 - Notice To Previous Property Owner At Time Of Cancellation Of Public Use
  Not later than the 180th day after the date of the cancellation of the public use for which real property was acquired through eminent domain ...
• Texas Property Code Section 21.103 - Resale Of Property; Price
  (a) Not later than the 180th day after the date of the postmark on the notice sent under Section 21.102, the property owner or the ...
• Texas Property Code Section 22.001 - Trespass To Try Title
  (a) A trespass to try title action is the method of determining title to lands, tenements, or other real property. (b) The action of ejectment ...
• Texas Property Code Section 22.002 - Title Sufficient To Maintain Action
  A headright certificate, land scrip, bounty warrant, or other evidence of legal right to located and surveyed land is sufficient title to maintain a trespass ...
• Texas Property Code Section 22.003 - Final Judgment Conclusive
  A final judgment that establishes title or right to possession in an action to recover real property is conclusive against the party from whom the ...
• Texas Property Code Section 22.004 - Effect Of Former Law
  This chapter does not affect rights that existed before the introduction of the common law in this state. Those rights are defined by the principles ...
• Texas Property Code Section 22.021 - Claim For Improvements
  (a) A defendant in a trespass to try title action who is not the rightful owner of the property, but who has possessed the property ...
• Texas Property Code Section 22.022 - Writ Of Possession
  If in a trespass to try title action the plaintiff obtains a judgment for the contested property, but the defendant obtains a judgment for the ...
• Texas Property Code Section 22.023 - Failure To Pay
  (a) If after a trespass to try title action a plaintiff does not pay a judgment awarded to a defendant, plus accrued interest, before the ...
• Texas Property Code Section 22.024 - Payments Into Court
  If a party in a trespass to try title action makes a payment to the clerk of a court under this subchapter, the clerk shall ...
• Texas Property Code Section 22.041 - Plea For Removal Of Improvements
  (a) A defendant in a trespass to try title action who is not the rightful owner of the property in controversy may remove improvements made ...
• Texas Property Code Section 22.042 - Referee
  A court that authorizes a defendant in a trespass to try title action to remove improvements shall appoint a referee to supervise the removal. The ...
• Texas Property Code Section 22.043 - Retained Jurisdiction
  A court that authorizes a defendant in a trespass to try title action to remove improvements retains jurisdiction of the action until the court makes ...
• Texas Property Code Section 22.044 - Condition For Removal
  Before a court in a trespass to try title action authorizes a defendant to remove improvements, the court may require the defendant to satisfy a ...
• Texas Property Code Section 22.045 - Cumulative Remedies
  The remedy of removing improvements may be pleaded as an alternative to all other remedies at law or in equity. Acts 1983, 68th Leg., p. ...
• Texas Property Code Section 23.001 - Partition
  A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition ...
• Texas Property Code Section 23.002 - Venue And Jurisdiction
  (a) A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or ...
• Texas Property Code Section 23.003 - Effect On Future Interests
  A partition of real property involving an owner of a life estate or an estate for years and other owners of equal or greater estate ...
• Texas Property Code Section 23.004 - Effect Of Partition
  (a) A person allotted a share of or an interest in real property in a partition action holds the property or interest in severalty under ...
• Texas Property Code Section 23.005 - Fees
  The judge of a court that hears an action to partition real property shall examine the report of the commissioners appointed to partition the property ...
• Texas Property Code Section 23.006 - Access Easement For Partitioned Property
  (a) Unless waived by the parties in an action to partition property under this chapter, the commissioners appointed to partition property shall grant a nonexclusive ...
• Texas Property Code Section 24.001 - Forcible Entry And Detainer
  (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and ...
• Texas Property Code Section 24.002 - Forcible Detainer
  (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or ...
• Texas Property Code Section 24.003 - Substitution Of Parties
  If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's ...
• Texas Property Code Section 24.004 - Jurisdiction
  A justice court in the precinct in which the real property is located has jurisdiction in eviction suits. Eviction suits include forcible entry and detainer ...
• Texas Property Code Section 24.005 - Notice To Vacate Prior To Filing Eviction Suit
  (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds ...
• Texas Property Code Section 24.0051 - Procedures Applicable In Suit To Evict And Recover Unpaid Rent
  (a) In a suit filed in justice court in which the landlord files a sworn statement seeking judgment against a tenant for possession of the ...
• Texas Property Code Section 24.0052 - Tenant Appeal On Pauper's Affidavit
  (a) If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by ...
• Texas Property Code Section 24.0053 - Payment Of Rent During Appeal Of Eviction
  (a) If the justice court enters judgment for the landlord in a residential eviction case based on nonpayment of rent, the court shall determine the ...
• Texas Property Code Section 24.0054 - Tenant's Failure To Pay Rent During Appeal
  (a) During an appeal of an eviction case for nonpayment of rent, if a tenant fails to pay rent into the justice court or county ...
• Texas Property Code Section 24.006 - Attorney's Fees And Costs Of Suit
  (a) Except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, a landlord must give a tenant who ...
• Texas Property Code Section 24.0061 - Writ Of Possession
  (a) A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. In ...
• Texas Property Code Section 24.0062 - Warehouseman's Lien
  (a) If personal property is removed from a tenant's premises as the result of an action brought under this chapter and stored in a bonded ...
• Texas Property Code Section 24.007 - Appeal
  A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question ...
• Texas Property Code Section 24.008 - Effect On Other Actions
  An eviction suit does not bar a suit for trespass, damages, waste, rent, or mesne profits. Acts 1983, 68th Leg., p. 3516, ch. 576, § ...
• Texas Property Code Section 24.011 - Nonlawyer Representation
  In eviction suits in justice court for nonpayment of rent or holding over beyond a rental term, the parties may represent themselves or be represented ...
• Texas Property Code Section 25.001 - Jurisdiction
  A trial of the right of property is an action that applies only to personal property. A trial of the right of property must be ...
• Texas Property Code Section 25.002 - Damages
  If a claimant in a trial of the right of property does not establish a right to the property, the court shall adjudge damages against ...
• Texas Property Code Section 26.001 - Definitions
  In this chapter: (1) "Photograph" means a photograph or photographic reproduction, still or moving, videotape, or live television transmission of an individual in a manner ...
• Texas Property Code Section 26.002 - Property Right Established
  An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual. Added ...
• Texas Property Code Section 26.003 - Applicability
  This chapter applies to an individual: (1) alive on or after September 1, 1987, or who died before September 1, 1987, but on or after ...
• Texas Property Code Section 26.004 - Transferability
  (a) The property right is freely transferable, in whole or in part, by contract or by means of trust or testamentary documents. (b) The property ...
• Texas Property Code Section 26.005 - Ownership After Death Of Individual
  (a) If the ownership of the property right of an individual has not been transferred at or before the death of the individual, the property ...
• Texas Property Code Section 26.006 - Registration Of Claim
  (a) A person who claims to own a property right may register that claim with the secretary of state. (b) The secretary of state shall ...
• Texas Property Code Section 26.007 - Effect Of Registration
  (a) Registration of a claim is prima facie evidence of a valid claim to a property right. (b) A registered claim is superior to a ...
• Texas Property Code Section 26.008 - Exercise Of Ownership For First Year Following Death Of Individual
  (a) Except as provided by Subsection (b), for the first year following the death of the individual a property right may be exercised, if authorized ...
• Texas Property Code Section 26.009 - Exercise Of Ownership After First Year Following Death Of Individual
  After the first year following the death of the individual, an owner of a property right may exercise that right whether or not the owner ...
• Texas Property Code Section 26.010 - Termination
  A property right expires on the first anniversary of the date of death of the individual if: (1) the individual has not transferred the right; ...
• Texas Property Code Section 26.011 - Unauthorized Uses
  Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a ...
• Texas Property Code Section 26.012 - Permitted Uses
  (a) A person may use a deceased individual's name, voice, signature, photograph, or likeness in: (1) a play, book, film, radio program, or television program; ...
• Texas Property Code Section 26.013 - Liability For Unauthorized Use
  (a) A person who uses a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this chapter is liable to ...
• Texas Property Code Section 26.014 - Other Rights Not Affected
  This chapter does not affect a right an individual may have in the use of the individual's name, voice, signature, photograph, or likeness before the ...
• Texas Property Code Section 26.015 - Defenses To Liability
  A person shall not be liable for damages under this chapter if he has acted in reliance on the results of a probate proceeding governing ...
• Texas Property Code Section 27.001 - Definitions
  In this chapter: (1) "Action" means a court or judicial proceeding or an arbitration. (2) "Appurtenance" means any structure or recreational facility that is appurtenant ...
• Texas Property Code Section 27.002 - Application Of Chapter
  (a) This chapter applies to: (1) any action to recover damages or other relief arising from a construction defect, except a claim for personal injury, ...
• Texas Property Code Section 27.003 - Liability
  (a) In an action to recover damages or other relief arising from a construction defect: (1) a contractor is not liable for any percentage of ...
• Texas Property Code Section 27.0031 - Frivolous Suit; Harassment
  A party who files a suit under this chapter that is groundless and brought in bad faith or for purposes of harassment is liable to ...
• Texas Property Code Section 27.004 - Notice And Offer Of Settlement
  (a) In a claim not subject to Subtitle D, Title 16, before the 60th day preceding the date a claimant seeking from a contractor damages ...
• Texas Property Code Section 27.0041 - Mediation
  (a) If a claimant files suit seeking from a contractor damages arising from a construction defect in an amount greater than $7,500, the claimant or ...
• Texas Property Code Section 27.0042 - Conditional Sale To Builder
  (a) A written agreement between a contractor and a homeowner may provide that, except as provided by Subsection (b), if the reasonable cost of repairs ...
• Texas Property Code Section 27.005 - Limitations On Effect Of Chapter
  This chapter does not create a cause of action or derivative liability or extend a limitations period. Added by Acts 1989, 71st Leg., ch. 1072, ...
• Texas Property Code Section 27.006 - Causation
  In an action to recover damages resulting from a construction defect, the claimant must prove that the damages were proximately caused by the construction defect. ...
• Texas Property Code Section 27.007 - Disclosure Statement Required
  (a) A written contract subject to this chapter must contain next to the signature lines in the contract a notice printed or typed in 10-point ...
• Texas Property Code Section 28.001 - Definitions
  In this chapter: (1) "Contractor" means a person who contracts with an owner to improve real property or perform construction services for an owner. (2) ...
• Texas Property Code Section 28.002 - Prompt Pay Required
  (a) If an owner or a person authorized to act on behalf of the owner receives a written payment request from a contractor for an ...
• Texas Property Code Section 28.003 - Exception For Good Faith Dispute; Withholding
  (a) If a good faith dispute exists concerning the amount owed for a payment requested or required by this chapter under a contract for construction ...
• Texas Property Code Section 28.004 - Interest On Overdue Payment
  (a) An unpaid amount required under this chapter begins to accrue interest on the day after the date on which the payment becomes due. (b) ...
• Texas Property Code Section 28.005 - Action To Enforce Payment
  (a) A person may bring an action to enforce the person's rights under this chapter. (b) In an action brought under this chapter, the court ...
• Texas Property Code Section 28.006 - No Waiver
  (a) Except as provided by Subsection (b), an attempted waiver of a provision of this chapter is void. (b) A written contract between an owner ...
• Texas Property Code Section 28.007 - Legal Construction
  (a) This chapter may not be interpreted to void a contractor's or subcontractor's entitlement to payment for properly performed work or suitably stored materials. (b) ...
• Texas Property Code Section 28.008 - Exception For Failure Of Lender To Disburse Funds
  The date of payment required of the owner pursuant to Section 28.002(a) shall change from the 35th day after the date the owner receives the ...
• Texas Property Code Section 28.009 - Right To Suspend Work
  (a) If an owner fails to pay the contractor the undisputed amount within the time limits provided by this chapter, the contractor or any subcontractor ...
• Texas Property Code Section 28.010 - Exemption For Mineral Development And Oilfield Services
  (a) This chapter does not apply to any agreement: (1) to explore, produce, or develop oil, natural gas, natural gas liquids, synthetic gas, sulphur, ore, ...
• Texas Property Code Section 29.001 - Application Of Chapter
  This chapter applies only to real property that is not exempt from forced sale under the constitution or laws of this state and is: (1) ...
• Texas Property Code Section 29.002 - Petition For Forced Sale
  (a) A person, including a nonprofit organization, that owns an undivided interest in real property to which this chapter applies may file in the district ...
• Texas Property Code Section 29.003 - Hearing On Petition For Forced Sale
  At a hearing on a petition filed under Section 29.002, the petitioner must prove by clear and convincing evidence that: (1) the petitioner has paid ...
• Texas Property Code Section 29.0035 - Demand To Unknown Defendant
  If the address or identity of the defendant is unknown, the demand of the petitioner for reimbursement from the defendant required by Section 29.003(2) may ...
• Texas Property Code Section 29.004 - Court-Ordered Sale
  On completion of the hearing on a petition filed under Section 29.002, if the court is satisfied that the petitioner has made the requisite proof ...
• Texas Property Code Section 41.001 - Interests In Land Exempt From Seizure
  (a) A homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of ...
• Texas Property Code Section 41.002 - Definition Of Homestead
  (a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, ...
• Texas Property Code Section 41.003 - Temporary Renting Of A Homestead
  Temporary renting of a homestead does not change its homestead character if the homestead claimant has not acquired another homestead. Amended by Acts 1985, 69th ...
• Texas Property Code Section 41.004 - Abandonment Of A Homestead
  If a homestead claimant is married, a homestead cannot be abandoned without the consent of the claimant's spouse. Added by Acts 1985, 69th Leg., ch. ...
• Texas Property Code Section 41.005 - Voluntary Designation Of Homestead
  (a) If a rural homestead of a family is part of one or more parcels containing a total of more than 200 acres, the head ...
• Texas Property Code Section 41.0051 - Disclaimer And Disclosure Required
  (a) A person may not deliver a written advertisement offering, for a fee, to designate property as a homestead as provided by Section 41.005 unless ...
• Texas Property Code Section 41.006 - Certain Sales Of Homestead
  (a) Except as provided by Subsection (c), any sale or purported sale in whole or in part of a homestead at a fixed purchase price ...
• Texas Property Code Section 41.007 - Home Improvement Contract
  (a) A contract described by Section 41.001(b)(3) must contain the following warning conspicuously printed, stamped, or typed in a size equal to at least 10-point ...
• Texas Property Code Section 41.008 - Conflict With Federal Law
  To the extent of any conflict between this subchapter and any federal law that imposes an upper limit on the amount, including the monetary amount ...
• Texas Property Code Section 41.021 - Notice To Designate
  If an execution is issued against a holder of an interest in land of which a homestead may be a part and the judgment debtor ...
• Texas Property Code Section 41.022 - Designation By Homestead Claimant
  At any time before 10 a.m. on the Monday next after the expiration of 20 days after the date of service of the notice to ...
• Texas Property Code Section 41.023 - Designation By Commissioner
  (a) If a judgment debtor who has not made a voluntary designation of a homestead under Section 41.005 does not designate a homestead as provided ...
• Texas Property Code Section 41.024 - Sale Of Excess
  An officer holding an execution sale of property of a judgment debtor whose homestead has been designated under this chapter may sell the excess of ...
• Texas Property Code Section 42.001 - Personal Property Exemption
  (a) Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if: (1) the property is provided for a ...
• Texas Property Code Section 42.002 - Personal Property
  (a) The following personal property is exempt under Section 42.001(a): (1) home furnishings, including family heirlooms; (2) provisions for consumption; (3) farming or ranching vehicles ...
• Texas Property Code Section 42.0021 - Additional Exemption For Certain Savings Plans
  (a) In addition to the exemption prescribed by Section 42.001, a person's right to the assets held in or to receive payments, whether vested or ...
• Texas Property Code Section 42.0022 - Exemption For College Savings Plans
  (a) In addition to the exemption prescribed by Section 42.001, a person's right to the assets held in or to receive payments or benefits under ...
• Texas Property Code Section 42.003 - Designation Of Exempt Property
  (a) If the number or amount of a type of personal property owned by a debtor exceeds the exemption allowed by Section 42.002 and the ...
• Texas Property Code Section 42.004 - Transfer Of Nonexempt Property
  (a) If a person uses the property not exempt under this chapter to acquire, obtain an interest in, make improvement to, or pay an indebtedness ...
• Texas Property Code Section 42.005 - Child Support Liens
  Sections 42.001, 42.002, and 42.0021 of this code do not apply to a child support lien established under Subchapter G, Chapter 157, Family Code. Added ...
• Texas Property Code Section 43.001 - Exempt Public Library
  A public library is exempt from attachment, execution, and forced sale. Acts 1983, 68th Leg., p. 3525, ch. 576, § 1, eff. Jan. 1, 1984. ...
• Texas Property Code Section 43.002 - Exempt Property
  The real property of the state, including the real property held in the name of state agencies and funds, and the real property of a ...
• Texas Property Code Section 44.001 - Definition
  In this chapter, "pension or other retirement plan" includes: (1) an annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement ...
• Texas Property Code Section 44.002 - Property Exempt
  All property in this state is exempt from attachment, execution, and seizure for the satisfaction of a judgment or claim in favor of another state ...
• Texas Property Code Section 44.003 - Lien Not Created
  A claim or judgment in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's ...
• Texas Property Code Section 51.0001 - Definitions
  In this chapter: (1) "Book entry system" means a national book entry system for registering a beneficial interest in a security instrument that acts as ...
• Texas Property Code Section 51.001 - Effect On Other Liens
  Except as provided by Chapter 59, this subtitle does not affect: (1) the right to create a lien by special contract or agreement; or (2) ...
• Texas Property Code Section 51.002 - Sale Of Real Property Under Contract Lien
  (a) A sale of real property under a power of sale conferred by a deed of trust or other contract lien must be a public ...
• Texas Property Code Section 51.0021 - Notice Of Change Of Address Required
  A debtor shall inform the mortgage servicer of the debt in a reasonable manner of any change of address of the debtor for purposes of ...
• Texas Property Code Section 51.0025 - Administration Of Foreclosure By Mortgage Servicer
  A mortgage servicer may administer the foreclosure of property under Section 51.002 on behalf of a mortgagee if: (1) the mortgage servicer and the mortgagee ...
• Texas Property Code Section 51.003 - Deficiency Judgment
  (a) If the price at which real property is sold at a foreclosure sale under Section 51.002 is less than the unpaid balance of the ...
• Texas Property Code Section 51.004 - Judicial Foreclosure--Deficiency
  (a) This section applies if: (1) real property subject to a deed of trust or other contract lien is sold at a foreclosure sale under ...
• Texas Property Code Section 51.005 - Judicial Or Nonjudicial Foreclosure After Judgment Against Guarantor--Deficiency
  (a) This section applies if: (1) the holder of a debt obtains a court judgment against a guarantor of the debt; (2) real property subject ...
• Texas Property Code Section 51.006 - Deed-Of-Trust Foreclosure After Deed In Lieu Of Foreclosure
  (a) This section applies to a holder of a debt under a deed of trust who accepts from the debtor a deed conveying real property ...
• Texas Property Code Section 51.007 - Trustee Under Deed Of Trust, Contract Lien Or Security Instrument
  (a) The trustee named in a suit or proceeding may plead in the answer that the trustee is not a necessary party by a verified ...
• Texas Property Code Section 51.0075 - Authority Of Trustee Or Substitute Trustee
  (a) A trustee or substitute trustee may set reasonable conditions for conducting the public sale if the conditions are announced before bidding is opened for ...
• Texas Property Code Section 51.008 - Certain Liens On Real Property
  (a) A lien on real property created under this code or another law of this state in favor of a governmental entity must be recorded ...
• Texas Property Code Section 51.009 - Foreclosed Property Sold "As Is"
  A purchaser at a sale of real property under Section 51.002: (1) acquires the foreclosed property "as is" without any expressed or implied warranties, except ...
• Texas Property Code Section 52.001 - Establishment Of Lien
  Except as provided by Section 52.0011, a first or subsequent abstract of judgment, when it is recorded and indexed in accordance with this chapter, if ...
• Texas Property Code Section 52.0011 - Establishment Of Lien Pending Appeal Of Judgment
  (a) A first or subsequent abstract of a judgment rendered by a court against a defendant, when it is recorded and indexed under this chapter, ...
• Texas Property Code Section 52.002 - Issuance Of Abstract
  (a) On application of a person in whose favor a judgment is rendered or on application of that person's agent, attorney, or assignee, the judge ...
• Texas Property Code Section 52.003 - Contents Of Abstract
  (a) An abstract of a judgment must show: (1) the names of the plaintiff and defendant; (2) the birthdate and driver's license number of the ...
• Texas Property Code Section 52.004 - Recording And Indexing Of Abstract
  (a) The county clerk shall immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The ...
• Texas Property Code Section 52.0041 - Address Requirement For Recording Abstract
  (a) A judgment abstracted after September 1, 1993, may not be recorded unless: (1) a mailing address for each plaintiff or judgment creditor appears on ...
• Texas Property Code Section 52.005 - Satisfaction Of Judgment
  Satisfaction of a judgment in whole or in part may be shown by recordation of: (1) a return on an execution issued on the judgment, ...
• Texas Property Code Section 52.006 - Duration Of Lien
  A judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that ...
• Texas Property Code Section 52.007 - Federal Court Judgment
  An abstract of a judgment rendered in this state by a federal court may be recorded and indexed under this chapter on the certificate of ...
• Texas Property Code Section 52.021 - Discharge And Cancellation
  (a) In accordance with this subchapter, a judgment and judgment lien may be discharged and canceled if the person against whom the judgment was rendered ...
• Texas Property Code Section 52.022 - Application For Court Order
  (a) The person who has been discharged from his debts, that person's receiver or trustee, or any other interested person may apply, on proof of ...
• Texas Property Code Section 52.023 - Notice Of Application
  (a) Notice of the application for the order and copies of the papers on which application is made must be served on the judgment creditor ...
• Texas Property Code Section 52.024 - Court Order
  (a) The court shall conduct a hearing on the application and shall enter an order of discharge and cancellation of the judgment and any abstracts ...
• Texas Property Code Section 52.025 - Effect On Lien Of Discharge Of Debt In Bankruptcy
  (a) A judgment lien is not affected by the order of discharge and cancellation and may be enforced, if the lien is against real property ...
• Texas Property Code Section 52.041 - Application Of Subchapter
  This subchapter applies to a judgment and judgment lien for which an abstract of judgment or judgment lien is recorded on or after September 1, ...
• Texas Property Code Section 52.042 - Discharge And Cancellation
  (a) A judgment is discharged and any abstract of judgment or judgment lien is canceled and released without further action in any court and may ...
• Texas Property Code Section 52.043 - Exceptions To Discharge And Cancellation
  A judgment lien is not affected by this subchapter and may be enforced if the lien is against real property owned by the debtor before ...
• Texas Property Code Section 53.001 - Definitions
  In this chapter: (1) "Contract price" means the cost to the owner for any part of construction or repair performed under an original contract. (2) ...
• Texas Property Code Section 53.002 - More Than One Original Contractor
  On any work there may be more than one original contractor for purposes of this chapter. Acts 1983, 68th Leg., p. 3535, ch. 576, § ...
• Texas Property Code Section 53.003 - Notices
  (a) This section applies to notices required by Subchapters B through G and K. (b) Any notice or other written communication may be delivered in ...
• Texas Property Code Section 53.021 - Persons Entitled To Lien
  (a) A person has a lien if: (1) the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this ...
• Texas Property Code Section 53.022 - Property To Which Lien Extends
  (a) The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and ...
• Texas Property Code Section 53.023 - Payment Secured By Lien
  The lien secures payment for: (1) the labor done or material furnished for the construction or repair; (2) the specially fabricated material, even if the ...
• Texas Property Code Section 53.024 - Limitation On Subcontractor's Lien
  The amount of a lien claimed by a subcontractor may not exceed: (1) an amount equal to the proportion of the total subcontract price that ...
• Texas Property Code Section 53.025 - Limitation On Ordinary Retainage Lien
  A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the ...
• Texas Property Code Section 53.026 - Sham Contract
  (a) A person who labors, specially fabricates materials, or furnishes labor or materials under a direct contractual relationship with another person is considered to be ...
• Texas Property Code Section 53.051 - Necessary Procedures
  To perfect the lien, a person must comply with this subchapter. Acts 1983, 68th Leg., p. 3538, ch. 576, § 1, eff. Jan. 1, 1984. ...
• Texas Property Code Section 53.052 - Filing Of Affidavit
  (a) Except as provided by Subsection (b), the person claiming the lien must file an affidavit with the county clerk of the county in which ...
• Texas Property Code Section 53.053 - Accrual Of Indebtedness
  (a) For purposes of Section 53.052, indebtedness accrues on a contract under which a plan or plat is prepared, labor was performed, materials furnished, or ...
• Texas Property Code Section 53.054 - Contents Of Affidavit
  (a) The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially: (1) ...
• Texas Property Code Section 53.055 - Notice Of Filed Affidavit
  (a) A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner ...
• Texas Property Code Section 53.056 - Derivative Claimant: Notice To Owner Or Original Contractor
  (a) Except as provided by Subchapter K, a claimant other than an original contractor must give the notice prescribed by this section for the lien ...
• Texas Property Code Section 53.057 - Derivative Claimant: Notice For Contractual Retainage Claim
  (a) A claimant may give notice under this section instead of or in addition to notice under Section 53.056 or 53.252 if the claimant is ...
• Texas Property Code Section 53.058 - Derivative Claimant: Notice For Specially Fabricated Items
  (a) Except as provided by Subchapter K, a claimant who specially fabricates material must give notice under this section for the lien to be valid. ...
• Texas Property Code Section 53.081 - Authority To Withhold Funds For Benefit Of Claimants
  (a) If an owner receives notice under Section 53.056, 53.057, 53.058, 53.252, or 53.253, the owner may withhold from payments to the original contractor an ...
• Texas Property Code Section 53.082 - Time For Which Funds Are Withheld
  Unless payment is made under Section 53.083 or the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be ...
• Texas Property Code Section 53.083 - Payment To Claimant On Demand
  (a) The claimant may make written demand for payment of the claim to an owner authorized to withhold funds under this subchapter. The demand must ...
• Texas Property Code Section 53.084 - Owner's Liability
  (a) Except for the amount required to be retained under Subchapter E, the owner is not liable for any amount paid to the original contractor ...
• Texas Property Code Section 53.085 - Affidavit Required
  (a) Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment ...
• Texas Property Code Section 53.101 - Required Retainage
  (a) During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work ...
• Texas Property Code Section 53.102 - Payment Secured By Retainage
  The retained funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material ...
• Texas Property Code Section 53.103 - Lien On Retained Funds
  A claimant has a lien on the retained funds if the claimant: (1) sends the notices required by this chapter in the time and manner ...
• Texas Property Code Section 53.104 - Preferences
  (a) Individual artisans and mechanics are entitled to a preference to the retained funds and shall share proportionately to the extent of their claims for ...
• Texas Property Code Section 53.105 - Owner's Liability For Failure To Retain
  (a) If the owner fails or refuses to comply with this subchapter, the claimants complying with this chapter have a lien, at least to the ...
• Texas Property Code Section 53.106 - Affidavit Of Completion
  (a) An owner may file with the county clerk of the county in which the property is located an affidavit of completion. The affidavit must ...
• Texas Property Code Section 53.107 - Notice Relating To Termination Of Work Or Abandonment Of Performance By Original Contractor Or Owner
  (a) Not later than the 10th day after the date an original contract is terminated or the original contractor abandons performance under the original contract, ...
• Texas Property Code Section 53.121 - Preference Over Other Creditors
  All subcontractors, laborers, and materialmen who have a mechanic's lien have preference over other creditors of the original contractor. Acts 1983, 68th Leg., p. 3546, ...
• Texas Property Code Section 53.122 - Equality Of Mechanic's Liens
  (a) Except as provided by Subchapter E and Section 53.124(e), perfected mechanic's liens are on equal footing without reference to the date of filing the ...
• Texas Property Code Section 53.123 - Priority Of Mechanic's Lien Over Other Liens
  (a) Except as provided by this section, a mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, ...
• Texas Property Code Section 53.124 - Inception Of Mechanic's Lien
  (a) Except as provided by Subsection (e), for purposes of Section 53.123, the time of inception of a mechanic's lien is the commencement of construction ...
• Texas Property Code Section 53.151 - Enforcement Of Remedies Against Money Due Original Contractor Or Subcontractor
  (a) A creditor of an original contractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the original ...
• Texas Property Code Section 53.152 - Release Of Claim Or Lien
  (a) When a debt for labor or materials is satisfied or paid by collected funds, the person who furnished the labor or materials shall, not ...
• Texas Property Code Section 53.153 - Defense Of Actions
  (a) If an affidavit claiming a mechanic's lien is filed by a person other than the original contractor, the original contractor shall defend at his ...
• Texas Property Code Section 53.154 - Foreclosure
  A mechanic's lien may be foreclosed only on judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property ...
• Texas Property Code Section 53.155 - Transfer Of Property Sold
  If the house, building, improvement, or any piece of railroad property is sold separately, the officer making the sale shall place the purchaser in possession. ...
• Texas Property Code Section 53.156 - Costs And Attorney's Fees
  In any proceeding to foreclose a lien or to enforce a claim against a bond issued under Subchapter H, I, or J or in any ...
• Texas Property Code Section 53.157 - Discharge Of Lien
  A mechanic's lien or affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by: (1) recording a lien release signed ...
• Texas Property Code Section 53.158 - Period For Bringing Suit To Foreclose Lien
  (a) Except as provided by Subsection (b), suit must be brought to foreclose the lien within two years after the last day a claimant may ...
• Texas Property Code Section 53.159 - Obligation To Furnish Information
  (a) An owner, on written request, shall furnish the following information within a reasonable time, but not later than the 10th day after the date ...
• Texas Property Code Section 53.160 - Summary Motion To Remove Invalid Or Unenforceable Lien
  (a) In a suit brought to foreclose a lien or to declare a claim or lien invalid or unenforceable, a party objecting to the validity ...
• Texas Property Code Section 53.161 - Bond Requirements After Order To Remove
  (a) In the order removing a lien, the court shall set the amount of security that the claimant may provide in order to stay the ...
• Texas Property Code Section 53.162 - Revival Of Removed Lien
  (a) If an order removing the lien is not stayed as provided by Section 53.161 and the claimant later obtains a final judgment in the ...
• Texas Property Code Section 53.171 - Bond
  (a) If a lien, other than a lien granted by the owner in a written contract, is fixed or is attempted to be fixed by ...
• Texas Property Code Section 53.172 - Bond Requirements
  The bond must: (1) describe the property on which the liens are claimed; (2) refer to each lien claimed in a manner sufficient to identify ...
• Texas Property Code Section 53.173 - Notice Of Bond
  (a) After the bond is filed, the county clerk shall issue notice of the bond to all named obligees. (b) A copy of the bond ...
• Texas Property Code Section 53.174 - Recording Of Bond And Notice
  (a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records. (b) In acquiring an interest ...
• Texas Property Code Section 53.175 - Action On Bond
  (a) A party making or holding a lien claim may not sue on the bond later than one year after the date on which the ...
• Texas Property Code Section 53.201 - Bond
  (a) An original contractor who has a written contract with the owner may furnish at any time a bond for the benefit of claimants. (b) ...
• Texas Property Code Section 53.202 - Bond Requirements
  The bond must: (1) be in a penal sum at least equal to the total of the original contract amount; (2) be in favor of ...
• Texas Property Code Section 53.203 - Recording Of Bond And Contract
  (a) The bond and the contract between the original contractor and the owner shall be filed with the county clerk of the county in which ...
• Texas Property Code Section 53.204 - Reliance On Record
  A purchaser, lender, or other person acquiring an interest in the owner's property or an insurer of title is entitled to rely on the record ...
• Texas Property Code Section 53.205 - Enforceable Claims
  (a) The bond protects all persons with a claim that is: (1) perfected in the manner prescribed for fixing a lien under Subchapter C or, ...
• Texas Property Code Section 53.206 - Perfection Of Claim
  (a) To perfect a claim against a bond in a manner other than that prescribed by Subchapter C or K for fixing a lien, a ...
• Texas Property Code Section 53.207 - Owner's Notice Of Claim To Surety
  (a) If the owner receives any of the notices or a lien is fixed under Subchapter C or K, the owner shall mail to the ...
• Texas Property Code Section 53.208 - Action On Bond
  (a) A claimant may sue the principal and surety on the bond either jointly or severally, if his claim remains unpaid for 60 days after ...
• Texas Property Code Section 53.210 - Claims In Excess Of Bond Amount
  If valid claims against the bond exceed the penal sum of the bond, each claimant is entitled to a pro rata share of the penal ...
• Texas Property Code Section 53.211 - Attempted Compliance
  (a) A bond shall be construed to comply with this subchapter, and the rights and remedies on the bond are enforceable in the same manner ...
• Texas Property Code Section 53.231 - Lien
  A person who furnishes material or labor to a contractor under a prime contract that does not exceed $25,000 and that is for public improvements ...
• Texas Property Code Section 53.232 - To Whom Notice Given; Manner
  The lien claimant must send written notice of his claim by registered or certified mail to: (1) the officials of the state, county, town, or ...
• Texas Property Code Section 53.233 - Contents Of Notice
  (a) Whether based on written or oral agreement, the notice must contain: (1) the amount claimed; (2) the name of the party to whom the ...
• Texas Property Code Section 53.234 - Time For Notice
  The lien claimant must give notice before any payment is made to the contractor and not later than the 15th day of the second month ...
• Texas Property Code Section 53.235 - Official To Retain Funds
  A public official who receives the notice may not pay all of the money, bonds, or warrants due the contractor, but shall retain enough to ...
• Texas Property Code Section 53.236 - Bond For Release Of Lien
  (a) If a claim is filed attempting to fix a lien under this subchapter, the contractor against whom the claim is made may file a ...
• Texas Property Code Section 53.237 - Bond Requirements
  The bond must be: (1) in an amount double the amount of the claims filed; (2) payable to the claimants; (3) executed by: (A) the ...
• Texas Property Code Section 53.238 - Notice Of Bond
  The official with whom the bond is filed shall send an exact copy of the bond by registered mail or certified mail, return receipt requested, ...
• Texas Property Code Section 53.239 - Action On Bond
  (a) A claimant must sue on the bond within six months after the bond is filed. (b) The bond is not exhausted by one action ...
• Texas Property Code Section 53.251 - Procedures For Residential Construction Projects
  (a) This subchapter applies only to residential construction projects. (b) A person must comply with this subchapter in addition to the other applicable provisions of ...
• Texas Property Code Section 53.252 - Derivative Claimant: Notice To Owner Or Original Contractor
  (a) A claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid. If the property ...
• Texas Property Code Section 53.253 - Derivative Claimant: Notice For Specially Fabricated Items
  (a) If specially fabricated materials have not been delivered to the property or incorporated in the residential construction project, the claimant who specially fabricates material ...
• Texas Property Code Section 53.254 - Homestead
  (a) To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written ...
• Texas Property Code Section 53.255 - Disclosure Statement Required For Residential Construction Contract
  (a) Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this ...
• Texas Property Code Section 53.256 - List Of Subcontractors And Suppliers
  (a) Except as provided by Subsection (d), for the construction of improvements under a residential construction contract, the original contractor shall: (1) furnish to the ...
• Texas Property Code Section 53.257 - Provisions Related To Closing Of Loan For Construction Of Improvements
  (a) If the owner is obtaining third-party financing for the construction of improvements under a residential construction contract, the lender shall deliver to the owner ...
• Texas Property Code Section 53.258 - Disbursements Of Funds
  (a) At the time the original contractor requests payment from the owner or the owner's lender for the construction of improvements under a residential construction ...
• Texas Property Code Section 53.259 - Final Bills-Paid Affidavit Required
  (a) As a condition of final payment under a residential construction contract, the original contractor shall, at the time the final payment is tendered, execute ...
• Texas Property Code Section 53.260 - Conveyance To Contractor Not Required
  An original contractor may not require an owner of real property to convey the real property to the original contractor or an entity controlled by ...
• Texas Property Code Section 54.001 - Lien
  A person who leases land or tenements at will or for a term of years has a preference lien for rent that becomes due and ...
• Texas Property Code Section 54.002 - Property To Which Lien Attaches
  (a) Except as provided by Subsections (b) and (c), the lien attaches to: (1) the property on the leased premises that the landlord furnishes or ...
• Texas Property Code Section 54.003 - Exceptions
  The lien does not arise if: (1) a tenant provides everything necessary to cultivate the leased premises and the landlord charges rent of more than ...
• Texas Property Code Section 54.004 - Duration Of Lien
  The lien exists while the property to which it is attached remains on the leased premises and until one month after the day that the ...
• Texas Property Code Section 54.005 - Removal Of Property
  (a) If an advance or rent is unpaid, a tenant may not without the landlord's consent remove or permit the removal of agricultural products or ...
• Texas Property Code Section 54.006 - Distress Warrant
  (a) The person to whom rent or an advance is payable under the lease or the person's agent, attorney, assign, or other legal representative may ...
• Texas Property Code Section 54.007 - Judgment On Replevin Bond
  If a final judgment is rendered against a defendant who has replevied property seized under a distress warrant, the sureties on the defendant's replevy bond ...
• Texas Property Code Section 54.021 - Lien
  A person who leases or rents all or part of a building for nonresidential use has a preference lien on the property of the tenant ...
• Texas Property Code Section 54.022 - Commercial Building
  (a) The lien is unenforceable for rent on a commercial building that is more than six months past due unless the landlord files a lien ...
• Texas Property Code Section 54.023 - Exemptions
  This subchapter does not affect a statute exempting property from forced sale. Acts 1983, 68th Leg., p. 3560, ch. 576, § 1, eff. Jan. 1, ...
• Texas Property Code Section 54.024 - Duration Of Lien
  The lien exists while the tenant occupies the building and until one month after the day that the tenant abandons the building. Acts 1983, 68th ...
• Texas Property Code Section 54.025 - Distress Warrant
  The person to whom rent is payable under a building lease or the person's agent, attorney, assign, or other legal representative may apply to the ...
• Texas Property Code Section 54.041 - Lien
  A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is ...
• Texas Property Code Section 54.042 - Exemptions
  A lien under this subchapter does not attach to: (1) wearing apparel; (2) tools, apparatus, and books of a trade or profession; (3) schoolbooks; (4) ...
• Texas Property Code Section 54.043 - Enforceability Of Contractual Provisions
  (a) A contractual landlord's lien is not enforceable unless it is underlined or printed in conspicuous bold print in the lease agreement. (b) A provision ...
• Texas Property Code Section 54.044 - Seizure Of Property
  (a) The landlord or the landlord's agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written ...
• Texas Property Code Section 54.045 - Sale Of Property
  (a) Property seized under Section 54.044 may not be sold or otherwise disposed of unless the sale or disposition is authorized in a written lease. ...
• Texas Property Code Section 54.046 - Violation By Landlord
  If a landlord or the landlord's agent wilfully violates this subchapter, the tenant is entitled to: (1) actual damages, return of any property seized that ...
• Texas Property Code Section 54.047 - Other Rights Not Affected
  This subchapter does not affect or diminish any other rights or obligations arising under common law or any statute. Added by Acts 1985, 69th Leg., ...
• Texas Property Code Section 54.048 - Tenant May Replevy
  At any time before judgment in a suit for unpaid rent, the tenant may replevy any of the property that has been seized, if the ...
• Texas Property Code Section 55.001 - Definitions
  In this chapter: (1) "Emergency medical services" has the meaning assigned by Section 773.003, Health and Safety Code. (2) "Emergency medical services provider" has the ...
• Texas Property Code Section 55.002 - Lien
  (a) A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an ...
• Texas Property Code Section 55.003 - Property To Which Lien Attaches
  (a) A lien under this chapter attaches to: (1) a cause of action for damages arising from an injury for which the injured individual is ...
• Texas Property Code Section 55.004 - Amount Of Lien
  (a) In this section, "emergency hospital care" means health care services provided in a hospital to evaluate, stabilize, and treat a serious medical problem of ...
• Texas Property Code Section 55.005 - Securing Lien
  (a) To secure the lien, a hospital or emergency medical services provider must file written notice of the lien with the county clerk of the ...
• Texas Property Code Section 55.006 - Discharge Of Lien
  (a) To discharge a lien under this chapter, the authorities of the hospital or emergency medical services provider claiming the lien or the person in ...
• Texas Property Code Section 55.007 - Validity Of Release
  (a) A release of a cause of action or judgment to which a lien under this chapter may attach is not valid unless: (1) the ...
• Texas Property Code Section 55.008 - Records
  (a) On request by an attorney for a party by, for, or against whom a claim is asserted for damages arising from an injury, a ...
• Texas Property Code Section 56.001 - Definitions
  In this chapter: (1) "Mineral activities" means digging, drilling, torpedoing, operating, completing, maintaining, or repairing an oil, gas, or water well, an oil or gas ...
• Texas Property Code Section 56.002 - Lien
  A mineral contractor or subcontractor has a lien to secure payment for labor or services related to the mineral activities. Acts 1983, 68th Leg., p. ...
• Texas Property Code Section 56.003 - Property Subject To Lien
  (a) The following property is subject to the lien: (1) the material, machinery, and supplies furnished or hauled by the lien claimant; (2) the land, ...
• Texas Property Code Section 56.004 - Priority
  (a) The lien does not affect an encumbrance that attached to land or a leasehold before the lien's inception. (b) The lien on material, machinery, ...
• Texas Property Code Section 56.005 - Accrual Of Indebtedness
  (a) The indebtedness for labor performed by the day or week accrues at the end of each week during which the labor is performed. (b) ...
• Texas Property Code Section 56.006 - Liability Of Owner
  An owner of land or a leasehold may not be subjected to liability under this chapter greater than the amount agreed to be paid in ...
• Texas Property Code Section 56.021 - Securing Lien
  (a) Not later than six months after the day the indebtedness accrues, a person claiming the lien must file an affidavit with the county clerk ...
• Texas Property Code Section 56.022 - Contents Of Affidavit
  (a) A lien claimant's affidavit must include: (1) the name of the mineral property owner involved, if known; (2) the name and mailing address of ...
• Texas Property Code Section 56.023 - Contents Of Mineral Subcontractor's Notice
  A mineral subcontractor's notice to the property owner must include the amount of the lien, the name of the person indebted to the subcontractor, and ...
• Texas Property Code Section 56.024 - Filing In New County
  (a) Not later than the 90th day after the day that property to which the lien has attached is removed from a county in which ...
• Texas Property Code Section 56.041 - Enforcement
  (a) A claimant must enforce the lien within the same time and in the same manner as a mechanic's, contractor's, or materialman's lien under Chapter ...
• Texas Property Code Section 56.042 - Sale Or Removal Of Property
  (a) A mineral property owner, contractor, subcontractor, or purchaser or an agent, trustee, or receiver of one of those persons may not sell property to ...
• Texas Property Code Section 56.043 - Retention Of Payment
  A property owner who is served with a mineral subcontractor's notice may withhold payment to the contractor in the amount claimed until the debt on ...
• Texas Property Code Section 56.044 - Forfeiture Of Leasehold
  Forfeiture of a leasehold does not impair a lien on material, machinery, supplies, or an improvement located on the leasehold if: (1) the lien attached ...
• Texas Property Code Section 56.045 - Equitable Or Contingent Interest
  Failure of an equitable interest to become legal title or nonfulfillment of a condition subsequent on which a legal interest is contingent does not impair ...
• Texas Property Code Section 57.001 - Railroad Laborer's Lien
  A mechanic, laborer, or other person who works or uses tools or a team in the construction, operation, or repair of a railroad or railroad ...
• Texas Property Code Section 57.002 - Priority
  A lien under this chapter takes priority over all other liens on the same property. Acts 1983, 68th Leg., p. 3570, ch. 576, § 1, ...
• Texas Property Code Section 57.003 - Duration Of Lien
  A lien under this chapter ceases to exist 12 months after the day that it is created, unless the lien claimant has sued to foreclose ...
• Texas Property Code Section 57.004 - Enforcement
  A court in a suit to foreclose the lien shall render judgment for the amount due and order to be sold as much of the ...
• Texas Property Code Section 57.005 - Venue
  A suit to foreclose a lien under this chapter may be brought in a county in which: (1) the work was performed or any part ...
• Texas Property Code Section 57.006 - Parties
  Holders of other liens on the same property are not necessary parties to a suit to foreclose a lien under this chapter but may intervene ...
• Texas Property Code Section 58.001 - Definitions
  In this chapter: (1) "Employer" means a person with whom a worker contracts, directly or through an agent, receiver, or trustee of the person, for ...
• Texas Property Code Section 58.002 - Lien
  (a) A worker has a lien as provided by this chapter if, under the contract with the employer, the worker: (1) labors or performs a ...
• Texas Property Code Section 58.003 - Property Subject To Lien
  Each thing of value owned by or in the possession or control of the employer or the employer's agent, receiver, or trustee is subject to ...
• Texas Property Code Section 58.004 - Securing Lien
  (a) Not later than the 30th day after the day that the indebtedness accrues, a worker who has not received payment for work performed and ...
• Texas Property Code Section 58.005 - Priority
  (a) A lien under this chapter is a first lien, except that a farmhand's lien is subordinate to a landlord's lien provided by law. (b) ...
• Texas Property Code Section 58.006 - Duration Of Lien
  The lien ceases to exist six months after the day that it is secured unless the lien claimant has sued to foreclose the lien. Acts ...
• Texas Property Code Section 58.007 - Purchase Of Property To Which Lien Has Attached
  (a) A person who purchases from its owner property to which the lien has attached and who has no actual or constructive notice of the ...
• Texas Property Code Section 58.008 - Assignment Of Lien
  The lien may be assigned. An assignee receives the rights and privileges held by the assignor under the lien. Acts 1983, 68th Leg., p. 3573, ...
• Texas Property Code Section 58.009 - Payment Of Wages
  For purposes of this chapter, wages are due weekly for work performed by the day or week and monthly for work performed by the month, ...
• Texas Property Code Section 59.001 - Definitions
  In this chapter: (1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility. (2) "Rental agreement" means a written or ...
• Texas Property Code Section 59.002 - Applicability
  This chapter applies to a self-service storage facility rental agreement that is entered into, extended, or renewed after September 1, 1981. Acts 1983, 68th Leg., ...
• Texas Property Code Section 59.003 - Applicability Of Other Statutes
  (a) Subchapter B, Chapter 54, does not apply to a self-service storage facility. (b) Unless a lessor issues a warehouse receipt, bill of lading, or ...
• Texas Property Code Section 59.004 - Variation By Agreement And Waiver
  Except as expressly provided by this chapter, a lessor or tenant may not vary the provisions of this chapter by agreement or waive rights conferred ...
• Texas Property Code Section 59.005 - Damages For Violation
  A person injured by a violation of this chapter may sue for damages under the Deceptive Trade Practices--Consumer Protection Act (Subchapter E, Chapter 17, Business ...
• Texas Property Code Section 59.006 - Attachment And Priority Of Lien
  A lien under this chapter attaches on the date the tenant places the property at the self-service storage facility. The lien takes priority over all ...
• Texas Property Code Section 59.007 - Purchase Of Property
  A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free of a claim by a person against ...
• Texas Property Code Section 59.008 - Redemption
  A tenant may redeem property seized under a judicial order or a contractual landlord's lien prior to its sale or other disposition by paying the ...
• Texas Property Code Section 59.009 - Residential Use
  A tenant may not use or allow the use of a self-service storage facility as a residence. Acts 1983, 68th Leg., p. 3576, ch. 576, ...
• Texas Property Code Section 59.021 - Lien; Property Attached
  A lessor has a lien on all property in a self-service storage facility for the payment of charges that are due and unpaid by the ...
• Texas Property Code Section 59.041 - Enforcement Of Lien
  (a) Except as provided by Subsection (b) of this section, a lessor may enforce a lien under this chapter only under a judgment by a ...
• Texas Property Code Section 59.042 - Procedure For Seizure And Sale
  (a) A lessor who wishes to enforce a contractual landlord's lien by seizing and selling or otherwise disposing of the property to which it is ...
• Texas Property Code Section 59.043 - Contents And Delivery Of Notice Of Claim
  (a) The lessor's notice to the tenant of the claim must contain: (1) an itemized account of the claim; (2) the name, address, and telephone ...
• Texas Property Code Section 59.044 - Notice Of Sale
  (a) The notice advertising the sale must contain: (1) a general description of the property; (2) a statement that the property is being sold to ...
• Texas Property Code Section 59.045 - Conduct Of Sale
  A sale under this subchapter must be a public sale at the self-service storage facility or a reasonably near public place. The lessor must conduct ...
• Texas Property Code Section 59.046 - Excess Proceeds Of Sale
  If the proceeds of a sale under this subchapter are greater than the amount of the lien and the reasonable expenses of the sale, the ...
• Texas Property Code Section 59.047 - Additional Procedures For Sale Of Certain Property
  A holder of a lien under this chapter on a motor vehicle subject to Chapter 501, Transportation Code, or on a motorboat, vessel, or outboard ...
• Texas Property Code Section 60.001 - Lien
  A worker in the editorial, reportorial, advertising, or business department of a newspaper, periodical, or other publication who labors or performs a service for the ...
• Texas Property Code Section 60.002 - Property Subject To Lien
  The lien attaches to all products, papers, machinery, tools, fixtures, appurtenances, goods, wares, merchandise, subscription contracts, chattels, or other things of value that are created ...
• Texas Property Code Section 61.001 - Definitions
  In this chapter: (1) "Motor vehicle" means any motor-driven or propelled vehicle required to be registered or licensed under the laws of this state. (2) ...
• Texas Property Code Section 61.002 - Lien
  A mortgagee has a lien on a cause of action or other claim of a mortgagor in connection with an accident that involves a motor ...
• Texas Property Code Section 61.003 - Property To Which Lien Attaches
  The lien attaches to: (1) a cause of action for damages arising from property damage to a motor vehicle on which the mortgagee has perfected ...
• Texas Property Code Section 61.004 - Amount Of Lien
  The amount of the lien is the lesser of: (1) the fair market value of the motor vehicle before the accident; (2) the reasonable cost ...
• Texas Property Code Section 61.005 - Discharge Of Lien
  If the property to which a lien created under this chapter attaches is paid jointly to the mortgagee and the mortgagor, the lien is discharged. ...
• Texas Property Code Section 62.001 - Short Title
  This chapter may be cited as the Broker's and Appraiser's Lien on Commercial Real Estate Act. Added by Acts 1999, 76th Leg., ch. 1571, § ...
• Texas Property Code Section 62.002 - Applicability
  (a) This chapter applies only to real estate that is commercial real estate on the date the notice of lien is filed under this chapter. ...
• Texas Property Code Section 62.003 - Definitions
  In this chapter: (1) "Broker" means a person who: (A) is licensed as a broker under Chapter 1101, Occupations Code, and is not acting as ...
• Texas Property Code Section 62.004 - Payable Commission And Earned Commission
  (a) A commission is payable at the time provided in the commission agreement. If payment of the commission is conditioned on the occurrence of an ...
• Texas Property Code Section 62.005 - Broker's Address For Receipt Of Notice
  A seller, lessor, buyer, or tenant shall send any notice required to be sent to the broker under this chapter to the broker: (1) at ...
• Texas Property Code Section 62.021 - Person Entitled To Lien
  (a) A broker has a lien on a seller's or lessor's commercial real estate interest in the amount specified by the commission agreement if: (1) ...
• Texas Property Code Section 62.022 - Waiver, Release, Or Discharge Of Lien; Assumption Of Commission Obligation
  (a) Except as provided by Subsection (b), the waiver of a broker's right to a lien under this chapter, or a release given for the ...
• Texas Property Code Section 62.023 - Affidavit Identifying Broker
  If requested by the buyer, the buyer's authorized agent, or the escrow agent for the commercial real estate transaction, the seller of commercial real estate ...
• Texas Property Code Section 62.024 - Filing Of Notice Of Lien
  (a) A broker claiming a lien under this chapter may not file a notice of lien unless the commission on which the lien is based ...
• Texas Property Code Section 62.025 - Contents Of Notice Of Lien
  The notice of lien must be signed by the broker or by a person authorized to sign on behalf of the broker and must contain ...
• Texas Property Code Section 62.026 - Notice Of Filing
  (a) In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. (b) Not later than one ...
• Texas Property Code Section 62.027 - Inception Of Broker's Lien
  (a) A broker's lien attaches to the commercial real estate interest owned by the person obligated to pay the commission on the date the notice ...
• Texas Property Code Section 62.028 - Priority
  (a) A recorded lien, mortgage, or other encumbrance on commercial real estate, including a recorded lien securing revolving credit and future advances for a loan, ...
• Texas Property Code Section 62.029 - Subordination
  (a) If the person obligated to pay the commission sells that person's commercial real estate interest, the broker's lien is subordinate to a recorded purchase-money ...
• Texas Property Code Section 62.030 - Mixed-Use Real Estate
  If real estate is zoned or restricted for more than one use, the broker's lien attaches only to the portions of the real estate that ...
• Texas Property Code Section 62.031 - Change In Use Of Real Estate
  (a) Except as provided by Subsection (b), any change in the use of the real estate does not affect a broker's lien if the notice ...
• Texas Property Code Section 62.041 - Time To File
  (a) If a broker has earned a commission under a commission agreement signed by a seller or the seller's authorized agent, a broker must record ...
• Texas Property Code Section 62.061 - Suit To Foreclose Lien
  (a) A broker may not bring a suit to foreclose a lien under this chapter unless the commission is earned and payable. A broker may ...
• Texas Property Code Section 62.062 - Statute Of Limitations
  (a) Except as provided by this section, a broker claiming a lien under this chapter must bring a suit to foreclose the lien on or ...
• Texas Property Code Section 62.063 - Assessment Of Costs, Fees, And Interest
  The prevailing party in a suit brought under this subchapter is entitled to court costs, reasonable attorney's fees, and prejudgment interest from the date the ...
• Texas Property Code Section 62.081 - Release Of Lien
  (a) Not later than the fifth day after the date a broker receives a written request from the owner of a commercial real estate interest ...
• Texas Property Code Section 62.101 - Escrow Account
  If a claim for a lien under a recorded notice of lien is not paid or assumed at the closing of a sale, lease, or ...
• Texas Property Code Section 62.102 - Named Escrow Agent
  If an escrow agent is named in the contract on which the transaction or conveyance is based, the escrow account shall be established with the ...
• Texas Property Code Section 62.103 - Costs Of Interpleader
  Related costs for any interpleader action may be deducted from the escrow account by the person maintaining the escrow account. Added by Acts 1999, 76th ...
• Texas Property Code Section 62.104 - Refusal To Establish Escrow Account Or Bond
  (a) A party may not refuse to close a transaction because of the requirement to establish an escrow account or bond as provided by Section ...
• Texas Property Code Section 62.105 - Term Of Escrow Account
  The amount held in escrow shall be held in escrow until: (1) the rights of the parties claiming the amount in escrow are determined by ...
• Texas Property Code Section 62.106 - Extinguishment Of Lien Upon Escrow
  When the escrow account is established under this subchapter, the broker's lien against the commercial real estate is extinguished and becomes a lien on the ...
• Texas Property Code Section 62.121 - Bond
  (a) If a lien is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may file a bond ...
• Texas Property Code Section 62.122 - Bond Requirements
  The bond must: (1) describe the commercial real estate on which the lien is claimed; (2) refer to the lien claimed in a manner sufficient ...
• Texas Property Code Section 62.123 - Notice Of Bond
  (a) After the bond is filed, the county clerk shall issue notice of the bond to all named obligees. (b) A copy of the bond ...
• Texas Property Code Section 62.124 - Recording Of Bond And Notice
  (a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records. (b) In acquiring an interest ...
• Texas Property Code Section 62.125 - Action On Bond
  (a) A party making or holding a lien claim may not sue on the bond later than the last date on which a person may ...
• Texas Property Code Section 62.141 - Owner's Or Tenant's Remedies
  (a) An owner or tenant may file suit against a broker under this chapter. (b) In an action filed under this section, the court shall ...
• Texas Property Code Section 62.142 - Broker's Remedies
  (a) A broker may file suit against an owner or tenant to enforce a commission agreement. (b) If the court finds that the broker waived ...
• Texas Property Code Section 63.001 - Manufactured Homes
  In this chapter, "manufactured home" has the meaning assigned by Chapter 1201, Occupations Code. Added by Acts 1999, 76th Leg., ch. 742, § 1, eff. ...
• Texas Property Code Section 63.002 - Applicability
  This chapter applies only to a lien on a manufactured home if the loan or credit advance documents state or indicate that the lien: (1) ...
• Texas Property Code Section 63.003 - Conversion Of Lien From Personal Property Lien To Real Property Lien
  When the manufactured home converts to real property as provided by Section 2.001(b), the lien on the property: (1) is converted to a purchase money ...
• Texas Property Code Section 63.004 - Refinancing Of Lien
  (a) A person who provides funds to refinance a lien secured by a manufactured home is subrogated to the lien position of the previous lienholder. ...
• Texas Property Code Section 63.005 - Conversion Of Lien From A Personal Property Lien To A Real Property Lien For The Debt For The New Improvements Thereon
  (a) A manufactured home becomes a new improvement to the homestead of a family or of a single adult person upon the filing of the ...
• Texas Property Code Section 70.001 - Worker's Lien
  (a) A worker in this state who by labor repairs an article, including a vehicle, motorboat, vessel, or outboard motor, may retain possession of the ...
• Texas Property Code Section 70.002 - Liens On Garments
  A person with whom a garment is left for repair, alteration, dyeing, cleaning, laundering, or pressing may retain possession of the garment until: (1) the ...
• Texas Property Code Section 70.003 - Stable Keeper's, Garageman's, Pasturer's, And Cotton Ginner's Lien's
  (a) A stable keeper with whom an animal is left for care has a lien on the animal for the amount of the charges for ...
• Texas Property Code Section 70.004 - Possession Of Motor Vehicle, Motorboat, Vessel, Or Outboard Motor
  (a) A holder of a lien under Section 70.003 on a motor vehicle, motorboat, vessel, or outboard motor who obtains possession of the motor vehicle, ...
• Texas Property Code Section 70.005 - Sale Of Property
  (a) Except as provided by Subsection (c), a person holding a lien under this subchapter on property other than a motor vehicle subject to Chapter ...
• Texas Property Code Section 70.006 - Sale Of Motor Vehicle, Motorboat, Vessel, Or Outboard Motor
  (a) A holder of a lien under this subchapter or Chapter 59 on a motor vehicle subject to Chapter 501, Transportation Code, or on a ...
• Texas Property Code Section 70.007 - Unclaimed Excess
  (a) If a person entitled to excess proceeds under this subchapter is not known or has moved from this state or the county in which ...
• Texas Property Code Section 70.008 - Attorney's Fees
  The court in a suit concerning possession of a motor vehicle, motorboat, vessel, or outboard motor and a debt due on it may award reasonable ...
• Texas Property Code Section 70.009 - Plastic Fabricator Liens
  (a) A plastic fabricator has a lien on any die, mold, form, or pattern in his possession that belongs to a customer for the amount ...
• Texas Property Code Section 70.101 - General Lien On Vessels
  A person who furnishes supplies or materials or who performs repairs or labor for or on account of a domestic vessel that is owned in ...
• Texas Property Code Section 70.102 - Lien Of Navigation District Or Port
  (a) A navigation district or port within the territorial limits of this state that furnishes supplies or materials, performs repairs or labor, or provides a ...
• Texas Property Code Section 70.103 - Property Subject To Lien
  A lien under this subchapter attaches to the vessel and its tackle, apparel, furniture, and freight money. Acts 1983, 68th Leg., p. 3583, ch. 576, ...
• Texas Property Code Section 70.104 - Persons Who May Bind Vessel
  (a) The following persons are presumed to be authorized by the owner of a vessel to incur charges that give rise to a lien under ...
• Texas Property Code Section 70.201 - Stock Breeder's Lien
  An owner or keeper of a stallion, jack, bull, or boar confined to be bred for profit has a preference lien on the offspring of ...
• Texas Property Code Section 70.202 - Enforcement Of Lien
  The lien may be enforced in the same manner as a statutory landlord's lien. The lien remains in force for 10 months from the day ...
• Texas Property Code Section 70.301 - Lien
  (a) A person who stores, fuels, repairs, or performs maintenance work on an aircraft has a lien on the aircraft for: (1) the amount due ...
• Texas Property Code Section 70.302 - Possession
  (a) A holder of a lien under this subchapter may retain possession of the aircraft subject to the lien until the amount due is paid. ...
• Texas Property Code Section 70.303 - Recording Of Lien: Aircraft Registered In United States
  A holder of a lien under this subchapter may record the lien on the aircraft by filing with the Federal Aviation Administration Aircraft Registry not ...
• Texas Property Code Section 70.3031 - Recording Of Lien: Aircraft Not Registered In United States
  (a) A holder of a lien under this subchapter on an aircraft that is registered in a nation other than the United States or that ...
• Texas Property Code Section 70.304 - Notice To Owner And Lienholders
  (a) Not later than the 60th day after the date of the completion of the contractual storage period or the performance of the last fueling, ...
• Texas Property Code Section 70.305 - Sale Of Aircraft
  If the holder of a lien under this subchapter provides the notice required by Section 70.304 and the amount due remains unpaid after the 90th ...
• Texas Property Code Section 70.306 - Attorney's Fees
  The court in a suit brought under this subchapter may award reasonable attorney's fees to the prevailing party. Added by Acts 1989, 71st Leg., ch. ...
• Texas Property Code Section 70.307 - Criminal Offense: Improperly Obtaining Possession Of Aircraft Subject To Lien.
  (a) A person commits an offense if the person, through surreptitious removal or by trick, fraud, or device perpetrated on the holder of the lien, ...
• Texas Property Code Section 70.401 - Definitions
  In this subchapter: (1) "Agricultural crop" means a plant product that is grown, produced, or harvested as a result of an agricultural producer's farm operation. ...
• Texas Property Code Section 70.402 - Lien Created
  (a) An agricultural producer who, under a written contract with a contract purchaser, is to receive consideration for selling an agricultural crop grown, produced, or ...
• Texas Property Code Section 70.403 - When Lien Attaches
  A lien created under this subchapter attaches to the agricultural crop on the date on which physical possession of the crop is delivered or transferred ...
• Texas Property Code Section 70.404 - Applicability Of Other Law
  Chapter 9, Business & Commerce Code, including applicable filing and perfection requirements, applies to a lien created under this subchapter. Added by Acts 2001, 77th ...
• Texas Property Code Section 70.405 - Duration Of Lien
  A lien created under this subchapter expires on the first anniversary of the date of attachment. Added by Acts 2001, 77th Leg., ch. 732, § ...
• Texas Property Code Section 70.406 - Effect Of Lien; Recovery
  (a) A buyer in ordinary course of business of an agricultural crop, including a person who buys any portion of an agricultural crop from a ...
• Texas Property Code Section 70.407 - Discharge Of Lien
  (a) A lien created under this subchapter is discharged when: (1) the lienholder receives full payment for the agricultural crop; or (2) payment is tendered ...
• Texas Property Code Section 70.408 - Joinder Of Actions
  Persons claiming a lien against the same agricultural crop under this subchapter may join in the same action, and if separate actions are commenced, the ...
• Texas Property Code Section 70.409 - Recovery Of Costs
  An agricultural producer who prevails in an action brought to enforce a lien created under this subchapter is entitled to recover: (1) reasonable and necessary ...
• Texas Property Code Section 70.410 - Waiver Of Certain Rights Prohibited
  An agricultural producer's agreement with a contract purchaser to waive the producer's right to seek a remedy provided by this subchapter is void. Added by ...
• Texas Property Code Section 71.001 - Escheat
  (a) If an individual dies intestate and without heirs, the real and personal property of that individual is subject to escheat. (b) "Escheat" means the ...
• Texas Property Code Section 71.002 - Presumption Of Death
  An individual is presumed dead for the purpose of determining if the individual's real or personal property is subject to escheat if the individual: (1) ...
• Texas Property Code Section 71.003 - Presumption Of Intestacy
  An individual is presumed to have died intestate if, on or before the seventh anniversary of the date of the individual's death, the individual's will ...
• Texas Property Code Section 71.004 - Presumption Of Death Without Heirs
  An individual is presumed to have died leaving no heirs if for the seven-year period preceding the court's determination: (1) a lawful claim to the ...
• Texas Property Code Section 71.005 - Act Of Ownership
  For the purposes of this chapter, an individual exercises a lawful act of ownership in property by, personally or through an agent, paying taxes to ...
• Texas Property Code Section 71.006 - Review Of Probate Decree
  (a) If the state claims that an estate that has been administered in probate court in this state is subject to escheat, the state may ...
• Texas Property Code Section 71.007 - Identification Of Real Property Subject To Escheat
  The tax assessor-collector of each county shall: (1) take all steps necessary to identify real property that may be subject to escheat; and (2) notify ...
• Texas Property Code Section 71.101 - Petition For Escheat
  (a) If any person, including the attorney general, the comptroller, or a district attorney, criminal district attorney, county attorney, county clerk, district clerk, or attorney ...
• Texas Property Code Section 71.102 - Citation
  (a) If a petition is filed under this subchapter, the district clerk shall issue citation as in other civil suits to: (1) each defendant alleged ...
• Texas Property Code Section 71.103 - Party To Proceeding
  (a) A person who exercises a lawful act of ownership in property that is the subject of an escheat proceeding must be made a party ...
• Texas Property Code Section 71.104 - Appearance Of Claimants
  Any person, whether named in the escheat petition or not, who claims an interest in property that is the subject of an escheat proceeding may ...
• Texas Property Code Section 71.105 - Trial
  (a) If a person appears and denies the state's right to the property or opposes a material fact of the petition, the court shall try ...
• Texas Property Code Section 71.106 - Default Judgment
  If citation is issued in accordance with Section 71.102 and no person answers within the period provided by the Texas Rules of Civil Procedure, the ...
• Texas Property Code Section 71.107 - Judgment For State
  (a) If the court renders a judgment for the state finding that an intestate died without heirs, the property escheats to the state and title ...
• Texas Property Code Section 71.108 - Costs Paid By State
  If the property does not escheat, the state shall pay court costs. The clerk of the court shall certify the amount of the costs, and ...
• Texas Property Code Section 71.109 - Appeal; Writ Of Error
  A party who appeared at an escheat proceeding may appeal the judgment rendered or may file an application for a writ of error on the ...
• Texas Property Code Section 71.201 - Seizure And Sale Of Personal Property
  (a) If personal property escheated to the state, the court shall issue to the sheriff a writ that commands the sheriff to seize the escheated ...
• Texas Property Code Section 71.202 - Disposition Of Real Property
  (a) Real property that escheats to the state under this title before January 1, 1985, becomes a part of the permanent school fund. Real property ...
• Texas Property Code Section 71.203 - Account Of Escheated Property
  The comptroller shall keep an account of the money paid to and real property vested in this state under this chapter. Acts 1983, 68th Leg., ...
• Texas Property Code Section 71.301 - Suit For Escheated Personal Property
  (a) If personal property of a deceased owner escheats to the state under this chapter and is delivered to the state, a person who claims ...
• Texas Property Code Section 71.302 - Recovery Of Personal Property
  (a) If in a suit filed under Section 71.301 the court finds that a claimant is entitled to recover personal property, the court shall order ...
• Texas Property Code Section 71.303 - Suit For Escheated Real Property
  (a) If real property escheats to the state under this chapter, a person who was not personally served with citation in the escheat proceedings may ...
• Texas Property Code Section 71.304 - State As Party In Suit For Assets
  (a) A suit brought for the collection of personal property delivered to the comptroller under this chapter must be brought in the name of this ...
• Texas Property Code Section 72.001 - Application Of Chapter
  (a) Tangible or intangible personal property is subject to this chapter if it is covered by Section 72.101 and: (1) the last known address of ...
• Texas Property Code Section 72.101 - Personal Property Presumed Abandoned
  (a) Except as provided by this section and Sections 72.1015, 72.1016, and 72.102, personal property is presumed abandoned if, for longer than three years: (1) ...
• Texas Property Code Section 72.1015 - Unclaimed Wages
  (a) In this section, "wages" has the meaning assigned by Section 61.001, Labor Code. (b) An amount of unclaimed wages is presumed abandoned if, for ...
• Texas Property Code Section 72.1016 - Stored Value Card
  (a) This section applies to a stored value card, as defined by Section 35.42(a), Business & Commerce Code, other than a card: (1) to which ...
• Texas Property Code Section 72.102 - Traveler's Check And Money Order
  (a) A traveler's check or money order is not presumed to be abandoned under this chapter unless: (1) the records of the issuer of the ...
• Texas Property Code Section 72.103 - Preservation Of Property
  Notwithstanding any other provision of this title except a provision of this section or Section 72.1016 relating to a money order or a stored value ...
• Texas Property Code Section 73.001 - Definitions And Application Of Chapter
  (a) In this chapter: (1) "Account" means funds deposited with a depository in an interest-bearing account, a checking or savings account, or funds received by ...
• Texas Property Code Section 73.002 - Depository
  For the purposes of this chapter, a depository is a bank, savings and loan association, credit union, or other banking organization that: (1) receives and ...
• Texas Property Code Section 73.003 - Preservation Of Inactive Account Or Safe Deposit Box
  (a) A depository shall preserve an account that is inactive and the contents of a safe deposit box that is inactive. The depository may not, ...
• Texas Property Code Section 73.101 - Inactive Account Or Safe Deposit Box Presumed Abandoned
  (a) An account or safe deposit box is presumed abandoned if: (1) the account or safe deposit box has been inactive for at least five ...
• Texas Property Code Section 73.102 - Checks
  A check is presumed to be abandoned on the latest of: (1) the third anniversary of the date the check was payable; (2) the third ...
• Texas Property Code Section 74.001 - Applicability
  (a) Except as provided by Subsection (b), this chapter applies to a holder of property that is presumed abandoned under Chapter 72, Chapter 73, or ...
• Texas Property Code Section 74.101 - Property Report
  (a) Each holder who on June 30 holds property that is presumed abandoned under Chapter 72, 73, or 75 of this code or under Chapter ...
• Texas Property Code Section 74.102 - Signed Statement
  (a) The person preparing a property report shall provide with each copy of the report a statement signed by: (1) the individual holding the reported ...
• Texas Property Code Section 74.103 - Retention Of Records
  (a) A holder required to file a property report under Section 74.101 shall keep a record of: (1) the name, the social security number, if ...
• Texas Property Code Section 74.104 - Confidentiality Of Property Report
  (a) Except as provided by Section 74.201, 74.203, or 74.307, a property report filed with the comptroller under Section 74.101 is confidential until the second ...
• Texas Property Code Section 74.201 - Required Notice
  (a) Except as provided by Section 74.202, the comptroller may use one or more methods as necessary to provide the most efficient and effective notice ...
• Texas Property Code Section 74.202. NOTICE FOR ITEM WITH VALUE OF LESS THAN $100 . In the notice required by Section 74.201, the comptroller is not required to publish information regarding an item having a value that is less than $100 unless the comptroller determines that publication of that information is in the public interest. Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept - 1, 1985
  Amended by Acts 1997, 75th Leg., ch. 571, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1037, § 21, eff. Sept. 1, ...
• Texas Property Code Section 74.203 - Authorized Notice
  (a) During the calendar year immediately following the year in which the report required by Section 74.101 is filed, notice may be mailed to each ...
• Texas Property Code Section 74.205 - Charge For Notice
  The comptroller may charge the following against the property delivered under this chapter: (1) expenses incurred for the publication of notice required by Section 74.201; ...
• Texas Property Code Section 74.301 - Delivery Of Property To Comptroller
  (a) Except as provided by Subsection (c), each holder who on June 30 holds property that is presumed abandoned under Chapter 72, 73, or 75 ...
• Texas Property Code Section 74.3011 - Delivery Of Money To Rural Scholarship Fund
  (a) Notwithstanding and in addition to any other provision of this chapter or other law, a local telephone exchange company may deliver reported money to ...
• Texas Property Code Section 74.3012 - Delivery Of Money To Urban Scholarship Fund
  (a) Notwithstanding and in addition to any other provision of this chapter or other law, a local exchange company may deliver reported money to a ...
• Texas Property Code Section 74.3013 - Delivery Of Money For Rural Scholarship And Economic Development
  (a) Notwithstanding and in addition to any other provision of this chapter or other law, a nonprofit cooperative corporation may deliver reported money to a ...
• Texas Property Code Section 74.302 - Statement Of Delivered Property
  (a) Property delivered under Section 74.301 must be accompanied by a statement that: (1) the property delivered is a complete and correct remittance of all ...
• Texas Property Code Section 74.304 - Responsibility After Delivery
  (a) If reported property is delivered to the comptroller, the state shall assume custody of the property and responsibility for its safekeeping. (b) A holder ...
• Texas Property Code Section 74.306 - Unclaimed Property Held By Federal Government
  (a) If the federal government enacts a law that provides for the discovery of unclaimed property held by the federal government and that provides or ...
• Texas Property Code Section 74.3061 - Escheat Of Funds In The Possession Of The United States
  (a) In the event any money is due to a resident of this state in the nature of a refund, rebate, or other overpayment of ...
• Texas Property Code Section 74.307 - List Of Owners
  (a) The comptroller shall compile and revise each year, except as to amounts reported in the aggregate, an alphabetical list of the names and last ...
• Texas Property Code Section 74.308 - Period Of Limitation Not A Bar
  The expiration, on or after September 1, 1987, of any period specified by contract, statute, or court order, during which an action or proceeding may ...
• Texas Property Code Section 74.309 - Private Escheat Agreements Prohibited
  An individual, corporation, business association, or other organization may not act through amendment of articles of incorporation, amendment of bylaws, private agreement, or any other ...
• Texas Property Code Section 74.401 - Sale Of Property
  (a) Except as provided by Subsection (c) or Section 74.404, the comptroller shall sell at public sale all personal property, other than money and marketable ...
• Texas Property Code Section 74.402 - Notice Of Sale
  Before the 21st day preceding the day on which a public sale is held under Section 74.401, the comptroller shall publish notice of the sale ...
• Texas Property Code Section 74.403 - Purchaser's Title
  (a) At a sale, public or private, of property that is held under this subchapter, the purchaser receives title to the purchased property free from ...
• Texas Property Code Section 74.404 - Sale Of Military Awards And Decorations Prohibited
  (a) In this section, "military award or decoration" means a military decoration for an act of valor, heroism, or exceptional service, a good conduct medal, ...
• Texas Property Code Section 74.501 - Claim Filed With Comptroller
  (a) The comptroller shall review the validity of each claim filed under this section. (b) If the comptroller determines that a claim is valid, the ...
• Texas Property Code Section 74.502 - Claim Filed With Holder
  (a) If a claim is filed with a holder under this section and the holder determines in good faith that the claim is valid, the ...
• Texas Property Code Section 74.504 - Hearing
  (a) The comptroller may hold a hearing and receive evidence concerning a claim filed under this subchapter. (b) If the comptroller considers that a hearing ...
• Texas Property Code Section 74.506 - Appeal
  (a) A person aggrieved by the decision of a claim filed under this subchapter may appeal the decision before the 61st day after the day ...
• Texas Property Code Section 74.507 - Fee For Recovery
  (a) A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the comptroller under this ...
• Texas Property Code Section 74.508 - Claim Of Another State To Recover Property; Procedure
  (a) At any time after property has been paid or delivered to the comptroller under this chapter, another state may recover the property if: (1) ...
• Texas Property Code Section 74.509 - Handling Fee For Processing Unclaimed Property
  A handling fee may be deducted from the amount of the claim payment if the payment is at least $100. Added by Acts 1993, 73rd ...
• Texas Property Code Section 74.601 - Unclaimed Money
  (a) The comptroller shall maintain a record that documents unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property ...
• Texas Property Code Section 74.602 - Use Of Money
  Except as provided by Section 381.004, Local Government Code, the comptroller shall use the unclaimed money received under this chapter or any other statute requiring ...
• Texas Property Code Section 74.603 - Audit; Appropriation
  The unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller is subject to audit by ...
• Texas Property Code Section 74.701 - Rules
  The comptroller may adopt rules necessary to carry out this title. Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985. ...
• Texas Property Code Section 74.702 - Examination Of Records
  (a) To enforce this chapter and to determine whether reports have been made as required by this chapter, the comptroller, the attorney general, or an ...
• Texas Property Code Section 74.703 - Additional Personnel
  (a) The comptroller and the attorney general may employ, in the office of either official, additional personnel necessary to enforce this title. (b) The salary ...
• Texas Property Code Section 74.704 - Assistance In Enforcement
  If the comptroller or the attorney general requests, the State Auditor, Banking Commissioner of Texas, securities commissioner, commissioner of insurance, savings and loan commissioner, Credit ...
• Texas Property Code Section 74.705 - Interest
  A holder who fails to pay or deliver property within the time prescribed by this chapter shall pay to the comptroller interest, at an annual ...
• Texas Property Code Section 74.706 - Penalty
  (a) A penalty equal to five percent of the value of the property due shall be imposed on a holder who fails to pay or ...
• Texas Property Code Section 74.707 - Waiver Or Abatement Of Penalty Or Interest
  (a) The comptroller may waive penalty or interest imposed on delinquent property if the comptroller determines that the holder has made a good faith effort ...
• Texas Property Code Section 74.708 - Property Held In Trust
  A holder who on June 30 holds property presumed abandoned under Chapters 72-75 holds the property in trust for the benefit of the state on ...
• Texas Property Code Section 74.709 - Suit To Compel Delivery Of Property And Civil Penalties
  (a) On request of the comptroller, the attorney general shall bring an action in district court, in the name of the state, to compel a ...
• Texas Property Code Section 74.710 - Criminal Offense
  (a) A holder commits an offense if the holder wilfully violates this chapter, including: (1) failing to file a report in accordance with this chapter; ...
• Texas Property Code Section 75.001 - Definitions; Application Of Chapter
  (a) In this chapter: (1) "Mineral" means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral ...
• Texas Property Code Section 75.002 - Transfer And Purchase Of Mineral Interest On Mineral Proceeds
  A person purchasing mineral proceeds of an owner whose name has been reported or is reportable to the comptroller shall provide documentation required by the ...
• Texas Property Code Section 75.101 - Presumption Of Abandonment
  (a) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three years ...
• Texas Property Code Section 75.102 - Preservation Of Property
  A holder of abandoned property shall preserve that property and may not by any procedure, including a deduction for service, maintenance, or other charge, transfer, ...
• Texas Property Code Section 76.001 - Applicability
  This chapter applies only to the holder of property if: (1) the holder is a school district, municipality, or county; and (2) the property is: ...
• Texas Property Code Section 76.002 - Officers And Representatives
  In this chapter: (1) a reference to the treasurer of a holder includes a person performing the duties of the treasurer of a holder in ...
• Texas Property Code Section 76.101 - Property Report
  (a) Each holder who on June 30 holds property subject to this chapter shall file a report of that property on or before the following ...
• Texas Property Code Section 76.102 - Verification
  (a) The person preparing a property report shall place at the end of each copy of the report a verification made under oath and executed ...
• Texas Property Code Section 76.103 - Retention Of Records
  (a) The holder required to file a property report shall keep a record of: (1) the name and last known address of each person who, ...
• Texas Property Code Section 76.104 - Confidentiality Of Property Report
  (a) Except as provided by this chapter, a property report filed with the treasurer of the holder is confidential until the second anniversary of the ...
• Texas Property Code Section 76.201 - Published Notice
  (a) Except as provided by Subsections (b) and (e), the treasurer of a holder shall publish a notice in a newspaper in the calendar year ...
• Texas Property Code Section 76.202 - Notice To Owner
  (a) During the calendar year immediately following the year in which the property report is filed, the treasurer of the holder may mail a notice ...
• Texas Property Code Section 76.203 - Notice That Accounts Are Subject To This Chapter
  Publication of notice in accordance with Section 76.201 is notice to the owner by the holder that the reported property is subject to this chapter. ...
• Texas Property Code Section 76.204 - Charge For Notice
  The treasurer of the holder may charge the following against the property delivered under this chapter: (1) expenses incurred for the publication of notice required ...
• Texas Property Code Section 76.301 - Delivery Of Property To Treasurer
  (a) Each holder who on June 30 holds property that is subject to this chapter shall deliver the property to the treasurer of the holder ...
• Texas Property Code Section 76.302 - Verification Of Delivered Property
  (a) Property delivered under Section 76.301 must be accompanied by a verification under oath that: (1) the property delivered is a complete and correct remittance ...
• Texas Property Code Section 76.303 - List Of Owners
  (a) The treasurer of the holder shall compile and revise each year an alphabetical list of names and last known addresses of the owners listed ...
• Texas Property Code Section 76.304 - Period Of Limitation Not A Bar
  The expiration of any period specified by statute or court order, during which an action or proceeding may be initiated or entered to obtain payment ...
• Texas Property Code Section 76.401 - Sale Of Property
  (a) Except as provided by Subsection (c), the treasurer of the holder shall sell at public sale all personal property, other than money and marketable ...
• Texas Property Code Section 76.402 - Notice Of Sale
  Before the 21st day before the day on which a public sale is held under Section 76.401, the treasurer of the holder shall publish notice ...
• Texas Property Code Section 76.403 - Purchaser's Title
  (a) At a sale, public or private, of property that is held under this subchapter, the purchaser receives title to the purchased property free from ...
• Texas Property Code Section 76.501 - Filing Of Claim
  (a) A claim for property delivered to the treasurer of the holder under this chapter must be filed with the treasurer of the holder. (b) ...
• Texas Property Code Section 76.502 - Consideration Of Claim
  The treasurer of the holder shall consider the validity of each claim filed under this subchapter. Added by Acts 1997, 75th Leg., ch. 1037, § ...
• Texas Property Code Section 76.503 - Hearing
  (a) The treasurer of the holder may hold a hearing and receive evidence concerning a claim filed under this subchapter. (b) If the treasurer of ...
• Texas Property Code Section 76.504 - Payment Of Claim
  (a) If a claim has been approved under this subchapter, the treasurer of the holder shall pay the claim. (b) If a claim is for ...
• Texas Property Code Section 76.505 - Appeal
  (a) A person aggrieved by the decision on a claim filed under this subchapter may appeal the decision before the 61st day after the date ...
• Texas Property Code Section 76.506 - Fee For Recovery
  A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the treasurer of the holder ...
• Texas Property Code Section 76.507 - Claim Of Another State To Recover Property; Procedure
  (a) At any time after property has been paid or delivered to the treasurer of the holder under this chapter, another state may recover the ...
• Texas Property Code Section 76.601 - Fund
  (a) The treasurer of the holder shall maintain a fund known as the unclaimed money fund. (b) The treasurer of the holder shall deposit to ...
• Texas Property Code Section 76.602 - Use Of Fund
  (a) The treasurer of the holder shall use the unclaimed money fund to pay the claims of persons establishing ownership of property in the possession ...
• Texas Property Code Section 76.603 - Audit; Budget
  The unclaimed money fund is subject to: (1) audit by the auditor of the holder or an independent auditor if the holder does not have ...
• Texas Property Code Section 76.701 - Rules
  The treasurer of the holder may adopt rules necessary to carry out this chapter. Added by Acts 1997, 75th Leg., ch. 1037, § 38, eff. ...
• Texas Property Code Section 76.702 - Examination Of Records
  (a) To enforce this chapter and to determine whether reports have been made as required by this chapter, the treasurer of the holder, at any ...
• Texas Property Code Section 76.703 - Additional Personnel
  (a) The treasurer of the holder and the attorney for the holder may employ, in the office of either person, additional personnel necessary to enforce ...
• Texas Property Code Section 76.704 - Offense
  (a) A person commits an offense if the person: (1) wilfully fails to file a report required by this chapter; (2) refuses to permit examination ...
• Texas Property Code Section 81.001 - Short Title
  This chapter may be cited as the Condominium Act. Acts 1983, 68th Leg., p. 3616, ch. 576, § 1, eff. Jan. 1, 1984. ...
• Texas Property Code Section 81.0011 - Applicability
  (a) This chapter applies only to a condominium regime created before January 1, 1994. A condominium regime created on or after January 1, 1994, is ...
• Texas Property Code Section 81.002 - Definitions
  In this chapter: (1) "Apartment" means an enclosed space, regardless of whether it is designed for residential or other use, that consists of one or ...
• Texas Property Code Section 81.003 - Applicability Of Local Ordinances And Regulations
  (a) A planning or zoning commission of a county or municipality may adopt regulations governing condominium regimes that supplement this chapter. (b) A local zoning ...
• Texas Property Code Section 81.101 - Creation Of Condominium
  An owner or developer of an existing or a planned building establishes a condominium regime by recording a master deed, master lease, or declaration under ...
• Texas Property Code Section 81.102 - Contents Of Declaration, Master Deed, Or Master Lease
  (a) A declaration, master deed, or master lease for a condominium must contain: (1) the legal description of the real property dedicated to the condominium ...
• Texas Property Code Section 81.103 - Public Records
  (a) Each county clerk shall maintain suitable records called "Condominium Records" in which the clerk shall record master deeds, master leases, and declarations for condominiums. ...
• Texas Property Code Section 81.104 - Apartment Ownership
  (a) An owner of an apartment in a condominium regime owns it exclusively, and the owner may possess, convey, or encumber the apartment, or subject ...
• Texas Property Code Section 81.105 - Apartment Boundaries
  (a) The boundaries of an apartment in a condominium regime are the interior surfaces of the apartment's perimeter walls, floors, and ceilings, and the exterior ...
• Texas Property Code Section 81.106 - Apartment Deeds
  A deed to an apartment in a condominium regime must: (1) include by reference the plats in the declaration; (2) state the encumbrances against the ...
• Texas Property Code Section 81.107 - Interests In Common Elements
  An owner of an apartment in a condominium regime shares ownership of the regime's common elements with the other apartment owners. An apartment owner may ...
• Texas Property Code Section 81.108 - Partition Of Common Elements
  (a) The ownership of the general and the limited common elements of a condominium regime may not be judicially partitioned or divided while they are ...
• Texas Property Code Section 81.109 - Conveyance Of Common Elements
  An apartment in a condominium regime and the undivided interest of an apartment owner in the common elements of the regime that are attributable to ...
• Texas Property Code Section 81.110 - Termination Of Condominium Regime
  (a) By unanimous agreement, or if the declaration provides for termination by agreement of the owners, by agreement of the holders of at least 67 ...
• Texas Property Code Section 81.111 - Amendment Of Condominium Declaration
  After a condominium declaration is recorded with a county clerk, the declaration may not be amended except at a meeting of the apartment owners at ...
• Texas Property Code Section 81.112 - Restriction Relating To Club Membership
  (a) A provision of a declaration, master deed, master lease, or other recorded contract that requires owners of apartments in a condominium regime to maintain ...
• Texas Property Code Section 81.201 - Authority Of Council Of Owners
  (a) The council of owners of a condominium regime may adopt and amend bylaws. (b) A council of owners of a condominium regime may institute ...
• Texas Property Code Section 81.202 - Bylaws
  The bylaws of a condominium regime govern the administration of the buildings that comprise the regime. Acts 1983, 68th Leg., p. 3621, ch. 576, § ...
• Texas Property Code Section 81.203 - Voting Majority
  For the purposes of this chapter, the apartment owners who own at least 51 percent of the interests in a condominium regime, as determined under ...
• Texas Property Code Section 81.204 - Maintenance Of Condominium
  (a) An apartment owner in a condominium regime is responsible for the apartment owner's pro rata share of: (1) the expenses to administer the condominium ...
• Texas Property Code Section 81.205 - Insurance
  (a) By resolution of a majority of the council of owners or in the manner provided or required by the declaration or bylaws, the council ...
• Texas Property Code Section 81.206 - Disposition Of Insurance Proceeds
  (a) Except as provided by Subsection (b), if a building in a condominium regime is damaged by a casualty against which it is insured, the ...
• Texas Property Code Section 81.207 - Insufficient Insurance
  (a) If under Section 81.206 a damaged building in a condominium regime must be reconstructed but insurance proceeds are insufficient to pay for the cost ...
• Texas Property Code Section 81.208 - Assessments Due On Conveyance
  If an apartment owner conveys the apartment and assessments against the apartment are unpaid, the apartment owner shall pay the past due assessments out of ...
• Texas Property Code Section 81.209 - Condominium Records
  (a) The administrator or board of administration of a condominium regime or a person appointed by the bylaws of the regime shall keep a detailed ...
• Texas Property Code Section 81.210 - Loans As Eligible Investments
  (a) If a fiduciary or a bank, savings and loan association, trust company, life insurance company, or other lending institution is authorized to make real ...
• Texas Property Code Section 82.001 - Short Title
  This chapter may be cited as the Uniform Condominium Act. Added by Acts 1993, 73rd Leg., ch. 244, § 1, eff. Jan. 1, 1994. ...
• Texas Property Code Section 82.002 - Applicability
  (a) This chapter applies to all commercial, industrial, residential, and other types of condominiums in this state for which the declaration is recorded on or ...
• Texas Property Code Section 82.003 - Definitions
  (a) In this chapter: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. ...
• Texas Property Code Section 82.004 - Variation By Agreement
  Except as expressly provided by this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not ...
• Texas Property Code Section 82.005 - Separate Titles And Taxation
  (a) If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, ...
• Texas Property Code Section 82.006 - Applicability Of Local Ordinances, Regulations, And Building Codes
  A zoning, subdivision, building code, or other real property use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any ...
• Texas Property Code Section 82.007 - Condemnation
  (a) If a unit is acquired by condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant ...
• Texas Property Code Section 82.008 - Venue
  Venue for an action to enforce a right or obligation arising under the declaration, bylaws, or rules of the association is in each county in ...
• Texas Property Code Section 82.051 - Creation Of Condominium
  (a) A condominium may be created under this chapter only by recording a declaration executed in the same manner as a deed by all persons ...
• Texas Property Code Section 82.052 - Unit Boundaries
  Except as otherwise provided by the declaration or plat: (1) if walls, floors, or ceilings are designated as boundaries of a unit, then all lath, ...
• Texas Property Code Section 82.053 - Construction And Validity Of Declaration And Bylaws
  (a) The provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the ...
• Texas Property Code Section 82.054 - Description Of Units
  A description of a unit is a sufficient legal description of the unit and all rights, obligations, and interests appurtenant to the unit that were ...
• Texas Property Code Section 82.055 - Contents Of Declaration For All Condominiums
  The declaration for a condominium must contain: (1) the name of the condominium, which must include the word "condominium" or be followed by the words ...
• Texas Property Code Section 82.056 - Leasehold Condominiums
  (a) Any lease the expiration or termination of which may terminate the condominium or reduce its size must be recorded. The lessor shall sign the ...
• Texas Property Code Section 82.057 - Allocation Of Common Element Interests, Votes, And Common Expense Liabilities
  (a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and ...
• Texas Property Code Section 82.058 - Limited Common Elements
  (a) The limited common elements and the provisions of the declaration relating to the right to use the limited common elements may not be altered ...
• Texas Property Code Section 82.059 - Plats And Plans
  (a) Plats and plans are a part of the declaration and may be recorded as a part of the declaration or separately. Each plat or ...
• Texas Property Code Section 82.060 - Exercise Of Development Right
  (a) To exercise a development right, the declarant must prepare, execute, and record an amendment to the declaration and record new plats and plans for ...
• Texas Property Code Section 82.061 - Alterations Of Units
  (a) Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) may make improvements or alterations to the owner's ...
• Texas Property Code Section 82.062 - Relocation Of Boundaries Between Adjoining Units
  Subject to the declaration, the boundaries between adjoining units may be relocated by an amendment to the declaration on written application to the association by ...
• Texas Property Code Section 82.063 - Subdivision Of Units
  (a) If the declaration expressly permits, a unit may be subdivided into two or more units. Subject to the declaration, on written application of a ...
• Texas Property Code Section 82.064 - Easement For Encroachments
  To the extent that a unit or common element encroaches on another unit or common element, a valid easement for the encroachment exists. The easement ...
• Texas Property Code Section 82.065 - Use For Sales Purposes
  The declaration may permit a declarant to maintain sales, leasing, or management offices and models in units or on common elements in the condominium if ...
• Texas Property Code Section 82.066 - Easement Rights
  Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising ...
• Texas Property Code Section 82.067 - Amendment Of Declaration
  (a) Except as provided by Subsection (b), a declaration, including the plats and plans, may be amended only by vote or agreement of unit owners ...
• Texas Property Code Section 82.0675 - Restriction Relating To Club Membership
  (a) A provision of a declaration or recorded contract that requires owners of units in a condominium to maintain a membership in a specified private ...
• Texas Property Code Section 82.068 - Termination Of Condominium
  (a) Unless the declaration provides otherwise and except for a taking of all the units by condemnation, a condominium may be terminated only by the ...
• Texas Property Code Section 82.069 - Rights Of Secured Lenders
  The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve ...
• Texas Property Code Section 82.070 - Meeting At Which Amendments May Be Adopted
  (a) An association or a board may not meet to adopt an amendment or other change to the declaration, articles of incorporation, bylaws, or rules ...
• Texas Property Code Section 82.101 - Organization Of Unit Owners' Association
  A unit owners' association must be organized as a profit or nonprofit corporation. The declarant may not convey a unit until the secretary of state ...
• Texas Property Code Section 82.102 - Powers Of Unit Owners' Association
  (a) Unless otherwise provided by the declaration, the association, acting through its board, may: (1) adopt and amend bylaws; (2) adopt and amend budgets for ...
• Texas Property Code Section 82.103 - Board Members And Officers
  (a) Except as provided by the declaration, bylaws, or this chapter, the board shall act in all instances on behalf of the association if in ...
• Texas Property Code Section 82.104 - Transfer Of Special Declarant Rights
  (a) Special declarant rights created or reserved under this chapter may not be transferred except by an instrument evidencing the transfer recorded in each county ...
• Texas Property Code Section 82.105 - Termination Of Contracts And Leases Of Declarant
  An association in a residential or recreational condominium may terminate, without penalty, contracts or leases between the association and a declarant or an affiliate of ...
• Texas Property Code Section 82.106 - Bylaws
  (a) The administration and operation of the condominium are governed by the bylaws, which must provide for: (1) the number of members on the board ...
• Texas Property Code Section 82.107 - Upkeep Of Condominium
  (a) Except as provided by the declaration or Subsections (b) and (c), the association is responsible for maintenance, repair, and replacement of the common elements, ...
• Texas Property Code Section 82.108 - Meetings
  (a) Meetings of the association must be held at least once each year. Unless the declaration provides otherwise, special meetings of the association may be ...
• Texas Property Code Section 82.109 - Quorums
  (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast at least 20 percent ...
• Texas Property Code Section 82.110 - Voting And Proxies
  (a) If only one of the multiple owners of a unit is present at a meeting of the association, that person may cast the vote ...
• Texas Property Code Section 82.111 - Insurance
  (a) Beginning not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, ...
• Texas Property Code Section 82.112 - Assessments For Common Expenses
  (a) Until an association makes a common expense assessment, a declarant shall pay all the expenses of the condominium as the expenses accrue. After an ...
• Texas Property Code Section 82.113 - Association's Lien For Assessments
  (a) An assessment levied by the association against a unit or unit owner is a personal obligation of the unit owner and is secured by ...
• Texas Property Code Section 82.114 - Association Records
  (a) The association shall keep: (1) detailed financial records that comply with generally accepted accounting principles and that are sufficiently detailed to enable the association ...
• Texas Property Code Section 82.115 - Association As Trustee
  A third person dealing with an association in the association's capacity as a trustee may assume without inquiry the existence of trust powers and their ...
• Texas Property Code Section 82.116 - Management Certificate
  (a) An association shall record in each county in which any portion of the condominium is located a certificate, signed and acknowledged by an officer ...
• Texas Property Code Section 82.117 - Obligations Of Unit Owners
  Without limiting the obligations of the unit owners and except as provided by the declaration, bylaws, rules of the association, or this chapter, the unit ...
• Texas Property Code Section 82.151 - Applicability
  (a) This subchapter applies to each unit subject to this chapter, except as provided by Subsection (b) or as modified or waived by the agreement ...
• Texas Property Code Section 82.152 - Liability For Condominium Information Statement
  (a) Except as provided by Subsection (b), a declarant shall prepare a condominium information statement before offering to the public any interest in a unit. ...
• Texas Property Code Section 82.153 - Condominium Information Statements In General
  (a) A condominium information statement must contain or accurately disclose: (1) the name and principal address of the declarant and of the condominium; (2) a ...
• Texas Property Code Section 82.154 - Condominiums With Conversion Buildings
  If a building contains units that may be occupied for residential use, the condominium information statement of a condominium containing any conversion building must additionally ...
• Texas Property Code Section 82.155 - Condominium Securities
  A declarant satisfies all requirements relating to preparation of a condominium information statement if an interest in the condominium is currently registered with the Securities ...
• Texas Property Code Section 82.156 - Purchaser's Right To Cancel
  (a) If a purchaser of a unit from a unit owner other than a declarant has not received from the seller the declaration, bylaws, and ...
• Texas Property Code Section 82.157 - Resale Of Unit
  (a) Except as provided by Subsection (c), if a unit owner other than a declarant intends to sell a unit, before executing a contract or ...
• Texas Property Code Section 82.158 - Escrow Of Deposits
  A deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this ...
• Texas Property Code Section 82.159 - Release Of Liens
  Before conveying real property to an association, a declarant shall have that real property released from all liens the foreclosure of which would deprive unit ...
• Texas Property Code Section 82.160 - Conversion Buildings
  (a) A declarant of a condominium containing a conversion building shall give each residential tenant or subtenant in possession of a portion of a conversion ...
• Texas Property Code Section 82.161 - Effect Of Violations On Rights Of Action And Attorney's Fees
  (a) If a declarant or any other person subject to this chapter violates this chapter, the declaration, or the bylaws, any person or class of ...
• Texas Property Code Section 82.162 - Labeling Of Promotional Material
  If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan or is to be located within a ...
• Texas Property Code Section 82.163 - Declarant's Obligation To Complete And Restore
  The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans. The declarant is subject to liability for the prompt repair and ...
• Texas Property Code Section 82.164 - Loans As Eligible Investments
  (a) A loan on a condominium unit and the undivided interest in the common elements is an eligible investment for a bank, savings and loan ...
• Texas Property Code Section 91.001 - Notice For Terminating Certain Tenancies
  (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to ...
• Texas Property Code Section 91.003 - Termination Of Lease Because Of Public Indecency Conviction
  (a) A landlord may terminate a lease executed or renewed after June 15, 1981, if: (1) the tenant or occupant of the leasehold uses the ...
• Texas Property Code Section 91.004 - Landlord's Breach Of Lease; Lien
  (a) If the landlord of a tenant who is not in default under a lease fails to comply in any respect with the lease agreement, ...
• Texas Property Code Section 91.005 - Subletting Prohibited
  During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord. Acts ...
• Texas Property Code Section 91.006 - Landlord's Duty To Mitigate Damages
  (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (b) A provision of ...
• Texas Property Code Section 92.001 - Definitions
  Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under ...
• Texas Property Code Section 92.002 - Application
  This chapter applies only to the relationship between landlords and tenants of residential rental property. Acts 1983, 68th Leg., p. 3631, ch. 576, § 1, ...
• Texas Property Code Section 92.003 - Landlord's Agent For Service Of Process
  (a) In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal ...
• Texas Property Code Section 92.004 - Harassment
  A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable ...
• Texas Property Code Section 92.005 - Attorney's Fees
  (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F may recover the party's costs of court ...
• Texas Property Code Section 92.006 - Waiver Or Expansion Of Duties And Remedies
  (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided ...
• Texas Property Code Section 92.007 - Venue
  Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Acts 1983, 68th Leg., p. 3632, ch. 576, ...
• Texas Property Code Section 92.008 - Interruption Of Utilities
  (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by ...
• Texas Property Code Section 92.0081 - Removal Of Property And Exclusion Of Residential Tenant
  (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected ...
• Texas Property Code Section 92.009 - Residential Tenant's Right Of Reentry After Unlawful Lockout
  (a) If a landlord has locked a tenant out of leased premises in violation of Section 92.008, the tenant may recover possession of the premises ...
• Texas Property Code Section 92.010 - Occupancy Limits
  (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the ...
• Texas Property Code Section 92.011 - Cash Rental Payments
  (a) A landlord shall accept a tenant's timely cash rental payment unless a written lease between the landlord and tenant requires the tenant to make ...
• Texas Property Code Section 92.012 - Notice To Tenant At Primary Residence
  (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does ...
• Texas Property Code Section 92.013 - Notice Of Rule Or Policy Change Affecting Tenant's Personal Property
  Text of subsec. (a) effective until January 1, 2006 (a) A landlord shall give prior written notice to a tenant regarding a landlord rule or ...
• Texas Property Code Section 92.0131 - Notice Regarding Vehicle Towing Or Parking Rules Or Policies
  (a) This section applies only to a tenant in a multiunit complex, as that term is defined by Section 92.151. (b) If at the time ...
• Texas Property Code Section 92.014 - Personal Property And Security Deposit Of Deceased Tenant
  (a) Upon written request of a landlord, the landlord's tenant shall: (1) provide the landlord with the name, address, and telephone number of a person ...
• Texas Property Code Section 92.015 - Tenant's Right To Summon Police Or Emergency Assistance
  (a) A landlord may not: (1) prohibit or limit a residential tenant's right to summon police or other emergency assistance in response to family violence; ...
• Texas Property Code Section 92.016 - Liability Of Tenant For Governmental Fines
  Text of section as added by Acts 2005, 79th Leg., ch. 1344, § 1 (a) In this section, "governmental entity" means the state, an ...
• Texas Property Code Section 92.016 - Right To Vacate And Avoid Liability Following Family Violence
  Text of section as added by Acts 2005, 79th Leg., ch. 348, § 1 (a) For purposes of this section: (1) "Family violence" has the ...
• Texas Property Code Section 92.017 - Right To Vacate And Avoid Liability Following Certain Decisions Related To Military Service
  (a) For purposes of this section, " dependent," "military service," and "servicemember" have the meanings assigned by 50 App. U.S.C. Section 511. (b) A tenant ...
• Texas Property Code Section 92.051 - Application
  This subchapter applies to a lease executed, entered into, renewed, or extended on or after September 1, 1979. Acts 1983, 68th Leg., p. 3632, ch. ...
• Texas Property Code Section 92.052 - Landlord's Duty To Repair Or Remedy
  (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to ...
• Texas Property Code Section 92.053 - Burden Of Proof
  (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the ...
• Texas Property Code Section 92.054 - Casualty Loss
  (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does ...
• Texas Property Code Section 92.055 - Closing The Rental Premises
  (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and ...
• Texas Property Code Section 92.056 - Landlord Liability And Tenant Remedies; Notice And Time For Repair
  (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions ...
• Texas Property Code Section 92.0561 - Tenant's Repair And Deduct Remedies
  (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the ...
• Texas Property Code Section 92.0562 - Landlord Affidavit For Delay
  (a) The tenant must delay contracting for repairs under Section 92.0561 if, before the tenant contracts for the repairs, the landlord delivers to the tenant ...
• Texas Property Code Section 92.0563 - Tenant's Judicial Remedies
  (a) A tenant's judicial remedies under Section 92.056 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the ...
• Texas Property Code Section 92.058 - Landlord Remedy For Tenant Violation
  (a) If the tenant withholds rents, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may ...
• Texas Property Code Section 92.060 - Agents For Delivery Of Notice
  A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by ...
• Texas Property Code Section 92.061 - Effect On Other Rights
  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law ...
• Texas Property Code Section 92.101 - Application
  This subchapter applies to all residential leases. Acts 1983, 68th Leg., p. 3639, ch. 576, § 1, eff. Jan. 1, 1984. Amended by Acts 1995, ...
• Texas Property Code Section 92.102 - Security Deposit
  A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to ...
• Texas Property Code Section 92.103 - Obligation To Refund
  (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the ...
• Texas Property Code Section 92.1031 - Conditions For Retention Of Security Deposit Or Rent Prepayment
  (a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails ...
• Texas Property Code Section 92.104 - Retention Of Security Deposit; Accounting
  (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the ...
• Texas Property Code Section 92.1041 - Presumption Of Refund Or Accounting
  A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required ...
• Texas Property Code Section 92.105 - Cessation Of Owner's Interest
  (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is ...
• Texas Property Code Section 92.106 - Records
  The landlord shall keep accurate records of all security deposits. Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984. ...
• Texas Property Code Section 92.107 - Tenant's Forwarding Address
  (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the ...
• Texas Property Code Section 92.108 - Liability For Withholding Last Month's Rent
  (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid ...
• Texas Property Code Section 92.109 - Liability Of Landlord
  (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum ...
• Texas Property Code Section 92.151 - Definitions
  In this subchapter: (1) "Doorknob lock" means a lock in a doorknob, with the lock operated from the exterior by a key, card, or combination ...
• Texas Property Code Section 92.152 - Application Of Subchapter
  (a) This subchapter does not apply to: (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned ...
• Texas Property Code Section 92.153 - Security Devices Required Without Necessity Of Tenant Request
  (a) Except as provided by Subsections (b), (e), (f), (g), and (h) and without necessity of request by the tenant, a dwelling must be equipped ...
• Texas Property Code Section 92.154 - Height, Strike Plate, And Throw Requirements--Keyed Dead Bolt Or Keyless Bolting Device
  (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height: (1) not lower than 36 ...
• Texas Property Code Section 92.155 - Height Requirements--Sliding Door Security Devices
  A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than: (1) 54 ...
• Texas Property Code Section 92.156 - Rekeying Or Change Of Security Devices
  (a) A security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the ...
• Texas Property Code Section 92.157 - Security Devices Requested By Tenant
  (a) At a tenant's request made at any time, a landlord, at the tenant's expense, shall install: (1) a keyed dead bolt on an exterior ...
• Texas Property Code Section 92.158 - Landlord's Duty To Repair Or Replace Security Device
  During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that ...
• Texas Property Code Section 92.159 - When Tenant's Request Or Notice Must Be In Writing
  A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice ...
• Texas Property Code Section 92.160 - Type, Brand, And Manner Of Installation
  Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed ...
• Texas Property Code Section 92.161 - Compliance With Tenant Request Required Within Reasonable Time
  (a) Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a ...
• Texas Property Code Section 92.162 - Payment Of Charges; Limits On Amount Charged
  (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. A ...
• Texas Property Code Section 92.163 - Removal Or Alteration Of Security Device By Tenant
  A security device that is installed, changed, or rekeyed under this subchapter becomes a fixture of the dwelling. Except as provided by Section 92.164(a)(1) or ...
• Texas Property Code Section 92.164 - Tenant Remedies For Landlord's Failure To Install Or Rekey Certain Security Devices
  (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may: (1) install ...
• Texas Property Code Section 92.1641 - Landlord's Defenses Relating To Installing Or Rekeying Certain Security Devices
  The landlord has a defense to liability under Section 92.164 if: (1) the tenant has not fully paid all rent then due from the tenant ...
• Texas Property Code Section 92.165 - Tenant Remedies For Other Landlord Violations
  If a landlord does not comply with a tenant's request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or ...
• Texas Property Code Section 92.166 - Notice Of Tenant's Deduction Of Repair Costs From Rent
  (a) A tenant shall notify the landlord of a rent deduction attributable to the tenant's installing, repairing, changing, replacing, or rekeying of a security device ...
• Texas Property Code Section 92.167 - Landlord's Defenses Relating To Compliance With Tenant's Request
  (a) A landlord has a defense to liability under Section 92.165 if on the date the tenant terminates the lease or files suit the tenant ...
• Texas Property Code Section 92.168 - Tenant's Remedy On Notice From Management Company
  The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that ...
• Texas Property Code Section 92.169 - Agent For Delivery Of Notice
  A managing agent or an agent to whom rent is regularly paid, whether residing or maintaining an office on-site or off-site, is the agent of ...
• Texas Property Code Section 92.170 - Effect On Other Landlord Duties And Tenant Remedies
  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and local ...
• Texas Property Code Section 92.201 - Disclosure Of Ownership And Management
  (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) ...
• Texas Property Code Section 92.202 - Landlord's Failure To Disclose Information
  (a) A landlord is liable to a tenant or a governmental body according to this subchapter if: (1) after the tenant or government official or ...
• Texas Property Code Section 92.203 - Landlord's Failure To Correct Information
  A landlord who has provided information under Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable to a tenant according to this ...
• Texas Property Code Section 92.204 - Bad Faith Violation
  A landlord acts in bad faith and is liable according to this subchapter if the landlord gives an incorrect name or address under Subsection (a) ...
• Texas Property Code Section 92.205 - Remedies
  (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following ...
• Texas Property Code Section 92.206 - Landlord's Defense
  A landlord has a defense to liability under Section 92.202 or 92.203 if the tenant owes rent on the date the tenant gives a notice ...
• Texas Property Code Section 92.207 - Agents For Delivery Of Notice
  (a) A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of: (1) ...
• Texas Property Code Section 92.208 - Additional Enforcement By Local Ordinance
  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of the common law, other statutory law, and ...
• Texas Property Code Section 92.251 - Definition
  In this subchapter, "dwelling unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multiunit residential structure. ...
• Texas Property Code Section 92.252 - Application Of Other Law; Municipal Regulation
  (a) The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of common law, other statutory law, and ...
• Texas Property Code Section 92.253 - Exemptions
  (a) This subchapter does not apply to: (1) a dwelling unit that is occupied by its owner, no part of which is leased to a ...
• Texas Property Code Section 92.254 - Smoke Detector
  (a) A smoke detector must be: (1) designed to detect both the visible and invisible products of combustion; (2) designed with an alarm audible to ...
• Texas Property Code Section 92.255 - Installation And Location In New Construction
  (a) Before the first tenant takes possession of a dwelling unit, the landlord shall install at least one smoke detector outside, but in the vicinity ...
• Texas Property Code Section 92.256 - Installation In Units Constructed Or Occupied On Or Before September 1, 1981
  (a) If the dwelling unit was occupied as a residence on or before September 1, 1981, or the building permit for the unit was issued ...
• Texas Property Code Section 92.257 - Installation Procedure
  (a) Subject to Subsections (b) and (c), a smoke detector must be installed according to the manufacturer's recommended procedures. (b) A smoke detector must be ...
• Texas Property Code Section 92.258 - Inspection And Repair
  (a) The landlord shall inspect and repair a smoke detector according to this section. (b) The landlord shall determine that the smoke detector is in ...
• Texas Property Code Section 92.259 - Landlord's Failure To Install, Inspect, Or Repair
  (a) A landlord is liable according to this subchapter if: (1) the landlord did not install a smoke detector at the time of initial occupancy ...
• Texas Property Code Section 92.260 - Tenant Remedies
  A tenant of a landlord who is liable under Section 92.259 may obtain or exercise one or more of the following remedies: (1) a court ...
• Texas Property Code Section 92.261 - Landlord's Defenses
  The landlord has a defense to liability under Section 92.259 if: (1) on the date the tenant gives the notice required by Section 92.259 the ...
• Texas Property Code Section 92.2611 - Tenant's Disabling Of A Smoke Detector
  (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke detector without immediately replacing it with a ...
• Texas Property Code Section 92.262 - Agents For Delivery Of Notice
  A managing or leasing agent, whether residing or maintaining an office on-site or off-site, is the agent of the landlord for purposes of notice and ...
• Texas Property Code Section 92.301 - Landlord Liability To Tenant For Utility Cutoff
  (a) A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant's ...
• Texas Property Code Section 92.331 - Retaliation By Landlord
  (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises ...
• Texas Property Code Section 92.332 - Nonretaliation
  (a) The landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, ...
• Texas Property Code Section 92.333 - Tenant Remedies
  In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord ...
• Texas Property Code Section 92.334 - Invalid Complaints
  (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 92.331(a)(3), and the government building or ...
• Texas Property Code Section 92.335 - Eviction Suits
  In an eviction suit, retaliation by the landlord under Section 92.331 is a defense and a rent deduction lawfully made by the tenant under this ...
• Texas Property Code Section 92.351 - Definitions
  For purposes of this subchapter: (1) "Application deposit" means a sum of money that is given to the landlord in connection with a rental application ...
• Texas Property Code Section 92.352 - Rejection Of Applicant
  (a) The applicant is deemed rejected by the landlord if the landlord does not give notice of acceptance of the applicant on or before the ...
• Texas Property Code Section 92.353 - Procedures For Notice Or Refund
  (a) Except as provided in Subsection (b), a landlord is presumed to have given notice of an applicant's acceptance or rejection if the notice is ...
• Texas Property Code Section 92.354 - Liability Of Landlord
  A landlord who in bad faith fails to refund an application deposit in violation of this subchapter is liable for an amount equal to the ...
• Texas Property Code Section 93.001 - Applicability Of Chapter
  (a) This chapter applies only to the relationship between landlords and tenants of commercial rental property. (b) For purposes of this chapter, "commercial rental property" ...
• Texas Property Code Section 93.002 - Interruption Of Utilities, Removal Of Property, And Exclusion Of Commercial Tenant
  (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by ...
• Texas Property Code Section 93.003 - Commercial Tenant's Right Of Reentry After Unlawful Lockout
  (a) If a landlord has locked a tenant out of leased premises in violation of Section 93.002, the tenant may recover possession of the premises ...
• Texas Property Code Section 93.004 - Security Deposit
  A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to ...
• Texas Property Code Section 93.005 - Obligation To Refund Security Deposit
  (a) The landlord shall refund the security deposit to the tenant not later than the 60th day after the date the tenant surrenders the premises ...
• Texas Property Code Section 93.006 - Retention Of Security Deposit; Accounting
  (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the ...
• Texas Property Code Section 93.007 - Cessation Of Owner's Interest
  (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is ...
• Texas Property Code Section 93.008 - Records
  The landlord shall keep accurate records of all security deposits. Added by Acts 2001, 77th Leg., ch. 1460, § 1, eff. Sept. 1, 2001. ...
• Texas Property Code Section 93.009 - Tenant's Forwarding Address
  (a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the ...
• Texas Property Code Section 93.010 - Liability For Withholding Last Month's Rent
  (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid ...
• Texas Property Code Section 93.011 - Liability Of Landlord
  (a) A landlord who in bad faith retains a security deposit in violation of this chapter is liable for an amount equal to the sum ...
• Texas Property Code Section 93.012 - Assessment Of Charges
  (a) A landlord may not assess a charge, excluding a charge for rent or physical damage to the leased premises, to a tenant unless the ...
• Texas Property Code Section 94.001 - Definitions
  In this chapter: (1) "Landlord" means the owner or manager of a manufactured home community and includes an employee or agent of the landlord. (2) ...
• Texas Property Code Section 94.002 - Applicability
  (a) This chapter applies only to the relationship between a landlord who leases property in a manufactured home community and a tenant leasing property in ...
• Texas Property Code Section 94.003 - Waiver Of Rights And Duties
  A provision in a lease agreement or a manufactured home community rule that purports to waive a right or to exempt a landlord or a ...
• Texas Property Code Section 94.004 - Landlord's Right Of Entry
  (a) Except as provided by this chapter, the landlord may not enter a tenant's manufactured home unless: (1) the tenant is present and gives consent; ...
• Texas Property Code Section 94.005 - Common Area Facilities
  Each common area facility, if any, must be open or available to tenants. The landlord shall post the hours of operation or availability of the ...
• Texas Property Code Section 94.006 - Tenant Meetings
  (a) Except as provided by Subsection (b), a landlord may not interfere with meetings by tenants of the manufactured home community related to manufactured home ...
• Texas Property Code Section 94.007 - Cash Rental Payments
  (a) A landlord shall accept a tenant's cash rental payment unless the lease agreement requires the tenant to make rental payments by check, money order, ...
• Texas Property Code Section 94.008 - Manufactured Home Community Rules
  (a) A landlord may adopt manufactured home community rules that are not arbitrary or capricious. (b) Manufactured home community rules are considered part of the ...
• Texas Property Code Section 94.009 - Notice To Tenant At Primary Residence
  (a) If, at the time of signing a lease agreement or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant ...
• Texas Property Code Section 94.010 - Disclosure Of Ownership And Management
  (a) A landlord shall disclose to a tenant, or to any governmental official or employee acting in an official capacity, according to this section: (1) ...
• Texas Property Code Section 94.011 - Landlord's Agent For Service Of Process
  (a) In a lawsuit by a tenant to enforce a legal obligation of the owner as landlord of the manufactured home community, the owner's agent ...
• Texas Property Code Section 94.012 - Venue
  Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code. Added by Acts 2001, 77th Leg., ch. 801, ...
• Texas Property Code Section 94.051 - Information To Be Provided To Prospective Tenant
  At the time the landlord receives an application from a prospective tenant, the landlord shall give the tenant a copy of: (1) the proposed lease ...
• Texas Property Code Section 94.052 - Term Of Lease
  (a) A landlord shall offer the tenant a lease agreement with an initial lease term of at least six months. If the tenant requests a ...
• Texas Property Code Section 94.053 - Lease Requirements And Disclosures
  (a) A lease agreement must be: (1) typed or printed in legible handwriting; and (2) signed by the landlord and the tenant. (b) The landlord ...
• Texas Property Code Section 94.054 - Disclosure By Tenant Required
  A tenant shall disclose to the landlord before the lease agreement is signed the name and address of any person who holds a lien on ...
• Texas Property Code Section 94.055 - Notice Of Lease Renewal
  (a) The landlord shall provide a tenant a notice to vacate the leased premises or an offer of lease renewal: (1) not later than the ...
• Texas Property Code Section 94.056 - Penalty For Late Payment
  A landlord may assess a penalty for late payment of rent or another fee or charge if the payment is not remitted on or before ...
• Texas Property Code Section 94.057 - Assignment Of Lease And Sublease
  (a) A landlord may prohibit a tenant from assigning a lease agreement or subleasing the leased premises if the prohibition is included in the lease ...
• Texas Property Code Section 94.101 - Security Deposit
  In this chapter, "security deposit" means any advance of money, other than a rental application deposit or an advance payment of rent, that is intended ...
• Texas Property Code Section 94.102 - Security Deposit Permitted
  (a) At the time the tenant executes the initial lease agreement, the landlord may require a security deposit. (b) The landlord shall keep accurate records ...
• Texas Property Code Section 94.103 - Obligation To Refund
  (a) Except as provided by this subchapter, the landlord shall refund the security deposit not later than the 30th day after the date the tenant ...
• Texas Property Code Section 94.104 - Conditions For Retention Of Security Deposit Or Rent Prepayment
  (a) Except as provided by Subsection (b), a landlord who receives a security deposit or rent prepayment for a manufactured home lot from a tenant ...
• Texas Property Code Section 94.105 - Retention Of Security Deposit; Accounting
  (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the ...
• Texas Property Code Section 94.106 - Cessation Of Owner's Interest
  (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is ...
• Texas Property Code Section 94.107 - Tenant's Forwarding Address
  (a) A landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the ...
• Texas Property Code Section 94.108 - Liability For Withholding Last Month's Rent
  (a) A tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid ...
• Texas Property Code Section 94.109 - Liability Of Landlord
  (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum ...
• Texas Property Code Section 94.151 - Warranty Of Suitability
  By executing a lease agreement, the landlord warrants that the manufactured home lot is suitable for the installation of a manufactured home during the term ...
• Texas Property Code Section 94.152 - Landlord's Maintenance Obligations
  The landlord shall: (1) comply with any code, statute, ordinance, and administrative rule applicable to the manufactured home community; (2) maintain all common areas, if ...
• Texas Property Code Section 94.153 - Landlord's Repair Obligations
  (a) This section does not apply to a condition present in or on a tenant's manufactured home. (b) A landlord shall make a diligent effort ...
• Texas Property Code Section 94.154 - Burden Of Proof
  (a) Except as provided by this section, the tenant has the burden of proof in a judicial action to enforce a right resulting from the ...
• Texas Property Code Section 94.155 - Casualty Loss
  (a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does ...
• Texas Property Code Section 94.156 - Landlord Liability And Tenant Remedies; Notice And Time For Repair
  (a) A landlord's liability under this section is subject to Section 94.153(c) regarding conditions that are caused by a tenant. (b) A landlord is liable ...
• Texas Property Code Section 94.157 - Tenant's Repair And Deduct Remedies
  (a) If the landlord is liable to the tenant under Section 94.156(b), the tenant may have the condition repaired or remedied and may deduct the ...
• Texas Property Code Section 94.158 - Landlord Affidavit For Delay
  (a) The tenant must delay contracting for repairs under Section 94.157 if, before the tenant contracts for the repairs, the landlord delivers to the tenant ...
• Texas Property Code Section 94.159 - Tenant's Judicial Remedies
  (a) A tenant's judicial remedies under Section 94.156 shall include: (1) an order directing the landlord to take reasonable action to repair or remedy the ...
• Texas Property Code Section 94.160 - Landlord Remedy For Tenant Violation
  (a) If a tenant withholds rent, causes repairs to be performed, or makes rent deductions for repairs in violation of this subchapter, the landlord may ...
• Texas Property Code Section 94.161 - Agents For Delivery Of Notice
  A managing agent, leasing agent, or resident manager is the agent of the landlord for purposes of notice and other communications required or permitted by ...
• Texas Property Code Section 94.162 - Effect On Other Rights
  The duties of a landlord and the remedies of a tenant under this subchapter are in lieu of existing common law and other statutory law ...
• Texas Property Code Section 94.201 - Landlord's Remedy For Early Termination
  (a) Except as provided by Subsection (b), the maximum amount a landlord may recover as damages for a tenant's early termination of a lease agreement ...
• Texas Property Code Section 94.202 - Landlord's Duty To Mitigate Damages
  (a) A landlord has a duty to mitigate damages if a tenant vacates the manufactured home lot before the end of the lease term. (b) ...
• Texas Property Code Section 94.203 - Eviction Procedures Generally
  (a) A landlord may prevent a tenant from entering the manufactured home lot, evict a tenant, or require the removal of a manufactured home from ...
• Texas Property Code Section 94.204 - Termination For Change In Land Use
  (a) A landlord may terminate a lease agreement to change the manufactured home community's land use only if: (1) not later than the 120th day ...
• Texas Property Code Section 94.205 - Termination And Eviction For Violation Of Lease
  A landlord may terminate the lease agreement and evict a tenant for a violation of a lease provision, including a manufactured home community rule incorporated ...
• Texas Property Code Section 94.206 - Termination And Eviction For Nonpayment Of Rent
  A landlord may terminate the lease agreement and evict a tenant if: (1) the tenant fails to timely pay rent or other amounts due under ...
• Texas Property Code Section 94.251 - Retaliation By Landlord
  (a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant: (1) in good faith exercises ...
• Texas Property Code Section 94.252 - Restriction On Sale Of Manufactured Home
  (a) The owner of a manufactured home may sell a home located on the leased premises if: (1) the purchaser is approved in writing by ...
• Texas Property Code Section 94.253 - Nonretaliation
  (a) A landlord is not liable for retaliation under this subchapter if the landlord proves that the action was not made for purposes of retaliation, ...
• Texas Property Code Section 94.254 - Tenant Remedies
  In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord ...
• Texas Property Code Section 94.255 - Invalid Complaints
  (a) If a tenant files or prosecutes a suit for retaliatory action based on a complaint asserted under Section 94.251(a)(3), and a government building or ...
• Texas Property Code Section 94.256 - Eviction Suits
  In an eviction suit, retaliation by the landlord under Section 94.251 is a defense and a rent deduction lawfully made by the tenant under this ...
• Texas Property Code Section 94.301 - Tenant's Remedies
  A person may recover from a landlord who violates this chapter: (1) actual damages; (2) a civil penalty in an amount equal to two months' ...
• Texas Property Code Section 94.302 - Landlord's Remedies
  If the court finds that a tenant filed or prosecuted a suit under this chapter in bad faith or for purposes of harassment, the court ...
• Texas Property Code Section 94.303 - Cumulative Remedies
  (a) The provisions of this chapter are not exclusive and are in addition to any other remedy provided by other law. (b) A specific remedy ...
• Texas Property Code Section 101.001 - Conveyance By Person Designated As Trustee
  If property is conveyed or transferred to a person designated as a trustee but the conveyance or transfer does not identify a trust or disclose ...
• Texas Property Code Section 101.002 - Liability Of Trust Property
  Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal ...
• Texas Property Code Section 111.001 - Short Title
  This subtitle may be cited as the Texas Trust Code. Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, § 2, eff. ...
• Texas Property Code Section 111.002 - Construction Of Subtitle
  This subtitle and the Texas Trust Act, as amended (Articles 7425b-1 through 7425b-48, Vernon's Texas Civil Statutes), shall be considered one continuous statute, and for ...
• Texas Property Code Section 111.003 - Trusts Subject To This Subtitle
  For the purposes of this subtitle, a "trust" is an express trust only and does not include: (1) a resulting trust; (2) a constructive trust; ...
• Texas Property Code Section 111.0035 - Default And Mandatory Rules; Conflict Between Terms And Statute
  (a) Except as provided by the terms of a trust and Subsection (b), this subtitle governs: (1) the duties and powers of a trustee; ...
• Texas Property Code Section 111.004 - Definitions
  In this subtitle: (1) "Affiliate" includes: (A) a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under ...
• Texas Property Code Section 111.005 - Reenactment Of Common Law
  If the law codified in this subtitle repealed a statute that abrogated or restated a common law rule, that common law rule is reestablished, except ...
• Texas Property Code Section 111.006 - Application
  This subtitle applies: (1) to all trusts created on or after January 1, 1984, and to all transactions relating to such trusts; and (2) to ...
• Texas Property Code Section 112.001 - Methods Of Creating Trust
  A trust may be created by: (1) a property owner's declaration that the owner holds the property as trustee for another person; (2) a property ...
• Texas Property Code Section 112.002 - Intention To Create Trust
  A trust is created only if the settlor manifests an intention to create a trust. Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, ...
• Texas Property Code Section 112.003 - Consideration
  Consideration is not required for the creation of a trust. A promise to create a trust in the future is enforceable only if the requirements ...
• Texas Property Code Section 112.004 - Statute Of Frauds
  A trust in either real or personal property is enforceable only if there is written evidence of the trust's terms bearing the signature of the ...
• Texas Property Code Section 112.005 - Trust Property
  A trust cannot be created unless there is trust property. Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, § 2, eff. ...
• Texas Property Code Section 112.006 - Additions To Trust Property
  Property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust ...
• Texas Property Code Section 112.007 - Capacity Of Settlor
  A person has the same capacity to create a trust by declaration, inter vivos or testamentary transfer, or appointment that the person has to transfer, ...
• Texas Property Code Section 112.008 - Capacity Of Trustee
  (a) The trustee must have the legal capacity to take, hold, and transfer the trust property. If the trustee is a corporation, it must have ...
• Texas Property Code Section 112.009 - Acceptance By Trustee
  Text of subsec. (a) effective until January 1, 2006 (a) The signature of the person named as trustee on the writing evidencing the trust ...
• Texas Property Code Section 112.010 - Acceptance Or Disclaimer By Or On Behalf Of Beneficiary
  (a) Acceptance by a beneficiary of an interest in a trust is presumed. (b) If a trust is created by will, a beneficiary may disclaim ...
• Texas Property Code Section 112.031 - Trust Purposes
  A trust may be created for any purpose that is not illegal. The terms of the trust may not require the trustee to commit a ...
• Texas Property Code Section 112.032 - Active And Passive Trusts; Statute Of Uses
  (a) Except as provided by Subsection (b), title to real property held in trust vests directly in the beneficiary if the trustee has neither a ...
• Texas Property Code Section 112.033 - Reservation Of Interests And Powers By Settlor
  If during the life of the settlor an interest in a trust or the trust property is created in a beneficiary other than the settlor, ...
• Texas Property Code Section 112.034 - Merger
  (a) If a settlor transfers both the legal title and all equitable interests in property to the same person or retains both the legal title ...
• Texas Property Code Section 112.035 - Spendthrift Trusts
  (a) A settlor may provide in the terms of the trust that the interest of a beneficiary in the income or in the principal or ...
• Texas Property Code Section 112.036 - Rule Against Perpetuities
  The rule against perpetuities applies to trusts other than charitable trusts. Accordingly, an interest is not good unless it must vest, if at all, not ...
• Texas Property Code Section 112.037 - Trust For Care Of Animal
  (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death ...
• Texas Property Code Section 112.051 - Revocation, Modification, Or Amendment By Settlor
  (a) A settlor may revoke the trust unless it is irrevocable by the express terms of the instrument creating it or of an instrument modifying ...
• Texas Property Code Section 112.052 - Termination
  A trust terminates if by its terms the trust is to continue only until the expiration of a certain period or until the happening of ...
• Texas Property Code Section 112.053 - Disposition Of Trust Property On Failure Of Trust
  The settlor may provide in the trust instrument how property may or may not be disposed of in the event of failure, termination, or revocation ...
• Texas Property Code Section 112.054 - Judicial Modification Or Termination Of Trusts
  (a) On the petition of a trustee or a beneficiary, a court may order that the trustee be changed, that the terms of the trust ...
• Texas Property Code Section 112.055 - Amendment Of Charitable Trusts By Operation Of Law
  (a) Except as provided by Section 112.056 and Subsection (b) of this section, the governing instrument of a trust that is a private foundation under ...
• Texas Property Code Section 112.056 - Permissive Amendment By Trustee Of Charitable Trust
  (a) If the settlor of a trust that is described under Subsection (a) of Section 112.055 of this Act is living and competent and consents, ...
• Texas Property Code Section 112.057 - Division And Combination Of Trusts
  Text of subsec. (a) intro. paragraph effective until January 1, 2006 (a) The trustee may, unless expressly prohibited by the terms of the instrument ...
• Texas Property Code Section 112.058 - Conversion Of Community Trust To Nonprofit Corporation
  (a) In this section: (1) "Assets" means the assets of the component trust funds of a community trust. (2) "Community trust" means a community trust ...
• Texas Property Code Section 113.001 - Limitation Of Powers
  A power given to a trustee by this subchapter does not apply to a trust to the extent that the instrument creating the trust, a ...
• Texas Property Code Section 113.002 - General Powers
  Except as provided by Section 113.001, a trustee may exercise any powers in addition to the powers authorized by this subchapter that are necessary or ...
• Texas Property Code Section 113.003 - Options
  A trustee may: (1) grant an option involving a sale, lease, or other disposition of trust property, including an option exercisable beyond the duration of ...
• Texas Property Code Section 113.004 - Additions To Trust Assets
  A trustee may receive from any source additions to the assets of the trust. Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. ...
• Texas Property Code Section 113.005 - Acquisition Of Undivided Interests
  A trustee may acquire all or a portion of the remaining undivided interest in property in which the trust holds an undivided interest. Amended by ...
• Texas Property Code Section 113.006 - General Authority To Manage And Invest Trust Property
  Subject to the requirements of Chapter 117, a trustee may manage the trust property and invest and reinvest in property of any character on the ...
• Texas Property Code Section 113.007 - Temporary Deposits Of Funds
  A trustee may deposit trust funds that are being held pending investment, distribution, or the payment of debts in a bank that is subject to ...
• Texas Property Code Section 113.008 - Business Entities
  A trustee may invest in, continue, or participate in the operation of any business or other investment enterprise in any form, including a sole proprietorship, ...
• Texas Property Code Section 113.009 - Real Property Management
  A trustee may: (1) exchange, subdivide, develop, improve, or partition real property; (2) make or vacate public plats; (3) adjust boundaries; (4) adjust differences in ...
• Texas Property Code Section 113.010 - Sale Of Property
  A trustee may contract to sell, sell and convey, or grant an option to sell real or personal property at public auction or private sale ...
• Texas Property Code Section 113.011 - Leases
  (a) A trustee may grant or take a lease of real or personal property for any term, with or without options to purchase and with ...
• Texas Property Code Section 113.012 - Minerals
  (a) A trustee may enter into mineral transactions, including: (1) negotiating and making oil, gas, and other mineral leases covering any land, mineral, or royalty ...
• Texas Property Code Section 113.013 - Insurance
  A trustee may purchase insurance of any nature, form, or amount to protect the trust property and the trustee. Amended by Acts 1983, 68th Leg., ...
• Texas Property Code Section 113.014 - Payment Of Taxes
  A trustee may pay taxes and assessments levied or assessed against the trust estate or the trustee by governmental taxing or assessing authorities. Amended by ...
• Texas Property Code Section 113.015 - Authority To Borrow
  A trustee may borrow money from any source, including a trustee, purchase property on credit, and mortgage, pledge, or in any other manner encumber all ...
• Texas Property Code Section 113.016 - Management Of Securities
  A trustee may: (1) pay calls, assessments, or other charges against or because of securities or other investments held by the trust; (2) sell or ...
• Texas Property Code Section 113.017 - Corporate Stock Or Other Securities Held In Name Of Nominee
  A trustee may: (1) hold corporate stock or other securities in the name of a nominee; (2) under Subchapter B, Chapter 161, or other law, ...
• Texas Property Code Section 113.018 - Employment Of Agents
  A trustee may employ attorneys, accountants, agents, including investment agents, and brokers reasonably necessary in the administration of the trust estate. Added by Acts 1983, ...
• Texas Property Code Section 113.019 - Claims
  A trustee may compromise, contest, arbitrate, or settle claims of or against the trust estate or the trustee. Added by Acts 1983, 68th Leg., p. ...
• Texas Property Code Section 113.020 - Burdensome Or Worthless Property
  A trustee may abandon property the trustee considers burdensome or worthless. Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, § 2, ...
• Texas Property Code Section 113.021 - Distribution To Minor Or Incapacitated Beneficiary
  Text of subsec. (a) effective until January 1, 2006 (a) A trustee may make a distribution required or permitted to be made to any ...
• Texas Property Code Section 113.0211 - Adjustment Of Charitable Trust
  (a) In this section: (1) "Charitable entity" has the meaning assigned by Section 123.001(1). (2) "Charitable trust" means a trust: (A) the stated purpose of ...
• Texas Property Code Section 113.022 - Power To Provide Residence And Pay Funeral Expenses
  A trustee of a trust that is not a charitable remainder unitrust, annuity trust, or pooled income fund that is intended to qualify for a ...
• Texas Property Code Section 113.023 - Ancillary Trustee
  (a) If trust property is situated outside this state, a Texas trustee may name in writing an individual or corporation qualified to act in the ...
• Texas Property Code Section 113.024 - Implied Powers
  The powers, duties, and responsibilities under this subtitle do not exclude other implied powers, duties, or responsibilities that are not inconsistent with this subtitle. Added ...
• Texas Property Code Section 113.025 - Powers Of Trustee Regarding Environmental Laws
  (a) A trustee or a potential trustee may inspect, investigate, cause to be inspected, or cause to be investigated trust property, property that the trustee ...
• Texas Property Code Section 113.026 - Authority To Designate New Charitable Beneficiary
  (a) In this section: (1) "Charitable entity" has the meaning assigned by Section 123.001. (2) "Failed charitable beneficiary" means a charitable entity that is named ...
• Texas Property Code Section 113.027 - Distributions Generally
  When distributing trust property or dividing or terminating a trust, a trustee may: (1) make distributions in divided or undivided interests; (2) allocate particular assets ...
• Texas Property Code Section 113.028 - Certain Claims And Causes Of Action Prohibited
  (a) A trustee may not prosecute or assert a claim for damages in a cause of action against a party who is not a beneficiary ...
• Texas Property Code Section 113.051 - General Duty
  The trustee shall administer the trust in good faith according to its terms and this subtitle. In the absence of any contrary terms in the ...
• Texas Property Code Section 113.052 - Loan Of Trust Funds To Trustee
  (a) Except as provided by Subsection (b) of this section, a trustee may not lend trust funds to: (1) the trustee or an affiliate; (2) ...
• Texas Property Code Section 113.053 - Purchase Or Sale Of Trust Property By Trustee
  (a) Except as provided by Subsections (b), (c), (d), (e), (f), and (g), a trustee shall not directly or indirectly buy or sell trust property ...
• Texas Property Code Section 113.054 - Sales From One Trust To Another
  A trustee of one trust may not sell property to another trust of which it is also trustee unless the property is: (1) a bond, ...
• Texas Property Code Section 113.055 - Purchase Of Trustee's Securities
  (a) Except as provided by Subsection (b) of this section, a corporate trustee may not purchase for the trust the stock, bonds, obligations, or other ...
• Texas Property Code Section 113.056 - Authorization To Make Certain Investments
  (a) Unless the terms of the trust instrument provide otherwise, and subject to the investment standards provided by this subtitle and any investment standards provided ...
• Texas Property Code Section 113.057 - Deposits By Corporate Trustee With Itself
  (a) A corporate trustee may deposit trust funds with itself as a permanent investment if authorized by the settlor in the instrument creating the trust ...
• Texas Property Code Section 113.058 - Bond
  (a) A corporate trustee is not required to provide a bond to secure performance of its duties as trustee. Text of subsec. (b) intro. paragraph ...
• Texas Property Code Section 113.059 - Power Of Settlor To Alter Trustee's Responsibilities
  (a) Except as provided by this section, the settlor by provision in an instrument creating, modifying, amending, or revoking the trust may relieve the trustee ...
• Texas Property Code Section 113.060 - Informing Beneficiaries
  The trustee shall keep the beneficiaries of the trust reasonably informed concerning: (1) the administration of the trust; and (2) the material facts necessary for ...
• Texas Property Code Section 113.081 - Resignation Of Trustee
  (a) A trustee may resign in accordance with the terms of the trust instrument, or a trustee may petition a court for permission to resign ...
• Texas Property Code Section 113.082 - Removal Of Trustee
  (a) A trustee may be removed in accordance with the terms of the trust instrument, or, on the petition of an interested person and after ...
• Texas Property Code Section 113.083 - Appointment Of Successor Trustee
  (a) On the death, resignation, incapacity, or removal of a sole or surviving trustee, a successor trustee shall be selected according to the method, if ...
• Texas Property Code Section 113.084 - Powers Of Successor Trustee
  Unless otherwise provided in the trust instrument or by order of the court appointing a successor trustee, the successor trustee has the rights, powers, authority, ...
• Texas Property Code Section 113.085 - Exercise Of Powers By Multiple Trustees
  (a) Cotrustees that are unable to reach a unanimous decision may act by majority decision. (b) If a vacancy occurs in a cotrusteeship, the remaining ...
• Texas Property Code Section 113.151 - Demand For Accounting
  (a) A beneficiary by written demand may request the trustee to deliver to each beneficiary of the trust a written statement of accounts covering all ...
• Texas Property Code Section 113.152 - Contents Of Accounting
  A written statement of accounts shall show: (1) all trust property that has come to the trustee's knowledge or into the trustee's possession and that ...
• Texas Property Code Section 113.171 - Common Trust Funds
  Text of subsec. (a) effective until January 1, 2006 (a) A bank or trust company qualified to act as a fiduciary in this state ...
• Texas Property Code Section 113.172 - Affiliated Institutions
  A bank or trust company that is a member of an affiliated group under Section 1504, Internal Revenue Code of 1954 (26 U.S.C. 1504), with ...
• Texas Property Code Section 114.001 - Liability Of Trustee To Beneficiary
  (a) The trustee is accountable to a beneficiary for the trust property and for any profit made by the trustee through or arising out of ...
• Texas Property Code Section 114.002 - Liability Of Successor Trustee For Breach Of Trust By Predecessor
  A successor trustee is liable for a breach of trust of a predecessor only if he knows or should know of a situation constituting a ...
• Texas Property Code Section 114.003 - Powers To Direct
  (a) The terms of a trust may give a trustee or other person a power to direct the modification or termination of the trust. (b) ...
• Texas Property Code Section 114.004 - Actions Taken Prior To Knowledge Or Notice Of Facts
  A trustee is not liable for a mistake of fact made before the trustee has actual knowledge or receives written notice of the happening of ...
• Texas Property Code Section 114.005 - Release Of Liability By Beneficiary
  (a) A beneficiary who has full legal capacity and is acting on full information may relieve a trustee from any duty, responsibility, restriction, or liability ...
• Texas Property Code Section 114.006 - Liability Of Cotrustees For Acts Of Other Cotrustees
  (a) A trustee who does not join in an action of a cotrustee is not liable for the cotrustee's action, unless the trustee does not ...
• Texas Property Code Section 114.007 - Exculpation Of Trustee
  (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a ...
• Texas Property Code Section 114.008 - Remedies For Breach Of Trust
  (a) To remedy a breach of trust that has occurred or might occur, the court may: (1) compel the trustee to perform the trustee's duty ...
• Texas Property Code Section 114.031 - Liability Of Beneficiary To Trustee
  (a) A beneficiary is liable for loss to the trust if the beneficiary has: (1) misappropriated or otherwise wrongfully dealt with the trust property; (2) ...
• Texas Property Code Section 114.032 - Liability For Written Agreements
  (a) A written agreement between a trustee and a beneficiary, including a release, consent, or other agreement relating to a trustee's duty, power, responsibility, restriction, ...
• Texas Property Code Section 114.061 - Compensation
  (a) Unless the terms of the trust provide otherwise and except as provided in Subsection (b) of this section, the trustee is entitled to reasonable ...
• Texas Property Code Section 114.062 - Exoneration Or Reimbursement For Tort
  (a) Except as provided in Subsection (b) of this section, a trustee who incurs personal liability for a tort committed in the administration of the ...
• Texas Property Code Section 114.063 - General Right To Reimbursement
  (a) A trustee may discharge or reimburse himself from trust principal or income or partly from both for: (1) advances made for the convenience, benefit, ...
• Texas Property Code Section 114.064 - Costs
  (a) In any proceeding under this code the court may make such award of costs and reasonable and necessary attorney's fees as may seem equitable ...
• Texas Property Code Section 114.081 - Payment Of Money To Trustee
  (a) A person who actually and in good faith pays to a trustee money that the trustee is authorized to receive is not responsible for ...
• Texas Property Code Section 114.082 - Conveyance By Trustee
  If property is conveyed or transferred to a trustee in trust but the conveyance or transfer does not identify the trust or disclose the names ...
• Texas Property Code Section 114.0821 - Liability Of Trust Property
  Although trust property is held by the trustee without identifying the trust or its beneficiaries, the trust property is not liable to satisfy the personal ...
• Texas Property Code Section 114.083 - Rights And Liabilities For Committing Torts
  (a) A personal liability of a trustee or a predecessor trustee for a tort committed in the course of the administration of the trust may ...
• Texas Property Code Section 114.084 - Contracts Of Trustee
  (a) If a trustee or a predecessor trustee makes a contract that is within his power as trustee and a cause of action arises on ...
• Texas Property Code Section 114.085 - Partnerships
  (a) To the extent allowed by law, a trustee who takes the place of a deceased partner in a general partnership in accordance with the ...
• Texas Property Code Section 115.001 - Jurisdiction
  (a) Except as provided by Subsection (d) of this section, a district court has original and exclusive jurisdiction over all proceedings concerning trusts, including proceedings ...
• Texas Property Code Section 115.002 - Venue
  (a) The venue of an action under Section 115.001 of this Act is determined according to this section. (b) If there is a single, noncorporate ...
• Texas Property Code Section 115.011 - Parties
  (a) Any interested person may bring an action under Section 115.001 of this Act. Text of subsec. (b) effective until January 1, 2006 (b) Contingent ...
• Texas Property Code Section 115.012 - Rules Of Procedure
  Except as otherwise provided, all actions instituted under this subtitle are governed by the Texas Rules of Civil Procedure and the other statutes and rules ...
• Texas Property Code Section 115.013 - Pleadings And Judgments
  (a) Actions and proceedings involving trusts are governed by this section. (b) An affected interest shall be described in pleadings that give reasonable information to ...
• Texas Property Code Section 115.014 - Guardian Ad Litem
  (a) At any point in a proceeding a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, ...
• Texas Property Code Section 115.015 - Notice To Beneficiaries Of Tort Or Contract Proceeding
  (a) A court may not render judgment in favor of a plaintiff in an action on a contract executed by the trustee or in an ...
• Texas Property Code Section 115.016 - Notice
  (a) If notice of hearing on a motion or other proceeding is required, the notice may be given in the manner prescribed by law or ...
• Texas Property Code Section 115.017 - Waiver Of Notice
  A person, including a guardian of the estate, a guardian ad litem, or other fiduciary, may waive notice by a writing signed by the person ...
• Texas Property Code Section 116.001 - Short Title
  This chapter may be cited as the Uniform Principal and Income Act. Added by Acts 2003, 78th Leg., ch. 659, § 1, eff. Jan. 1, ...
• Texas Property Code Section 116.002 - Definitions
  In this chapter: (1) "Accounting period" means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of ...
• Texas Property Code Section 116.003 - Uniformity Of Application And Construction
  In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject ...
• Texas Property Code Section 116.004 - Fiduciary Duties; General Principles
  (a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of Subchapters B and ...
• Texas Property Code Section 116.005 - Trustee's Power To Adjust
  (a) A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as ...
• Texas Property Code Section 116.006 - Judicial Control Of Discretionary Power
  (a) The court may not order a trustee to change a decision to exercise or not to exercise a discretionary power conferred by Section 116.005 ...
• Texas Property Code Section 116.007 - Provisions Regarding Noncharitable Unitrusts
  (a) This section does not apply to a charitable remainder unitrust as defined by Section 664(d), Internal Revenue Code of 1986 (26 U.S.C. Section 664), ...
• Texas Property Code Section 116.051 - Determination And Distribution Of Net Income
  After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply: (1) A ...
• Texas Property Code Section 116.052 - Distribution To Residuary And Remainder Beneficiaries
  (a) Each beneficiary described in Section 116.051(4) is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed ...
• Texas Property Code Section 116.101 - When Right To Income Begins And Ends
  (a) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date ...
• Texas Property Code Section 116.102 - Apportionment Of Receipts And Disbursements When Decedent Dies Or Income Interest Begins
  (a) A trustee shall allocate an income receipt or disbursement other than one to which Section 116.051(1) applies to principal if its due date occurs ...
• Texas Property Code Section 116.103 - Apportionment When Income Interest Ends
  (a) In this section, "undistributed income" means net income received before the date on which an income interest ends. The term does not include an ...
• Texas Property Code Section 116.151 - Character Of Receipts
  (a) In this section, "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other ...
• Texas Property Code Section 116.152 - Distribution From Trust Or Estate
  A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has ...
• Texas Property Code Section 116.153 - Business And Other Activities Conducted By Trustee
  (a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account ...
• Texas Property Code Section 116.161 - Principal Receipts
  A trustee shall allocate to principal: (1) to the extent not allocated to income under this chapter, assets received from a transferor during the transferor's ...
• Texas Property Code Section 116.162 - Rental Property
  To the extent that a trustee accounts for receipts from rental property pursuant to this section, the trustee shall allocate to income an amount received ...
• Texas Property Code Section 116.163 - Obligation To Pay Money
  (a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including ...
• Texas Property Code Section 116.164 - Insurance Policies And Similar Contracts
  (a) Except as otherwise provided in Subsection (b), a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in ...
• Texas Property Code Section 116.171 - Insubstantial Allocations Not Required
  If a trustee determines that an allocation between principal and income required by Section 116.172, 116.173, 116.174, 116.175, or 116.178 is insubstantial, the trustee may ...
• Texas Property Code Section 116.172 - Deferred Compensation, Annuities, And Similar Payments
  (a) In this section: (1) "Future payment asset" means the asset from which a payment is derived. (2) "Payment" means a payment that a trustee ...
• Texas Property Code Section 116.173 - Liquidating Asset
  (a) In this section, "liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a ...
• Texas Property Code Section 116.174 - Minerals, Water, And Other Natural Resources
  (a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee ...
• Texas Property Code Section 116.175 - Timber
  (a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall ...
• Texas Property Code Section 116.176 - Property Not Productive Of Income
  (a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the ...
• Texas Property Code Section 116.177 - Derivatives And Options
  (a) In this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right ...
• Texas Property Code Section 116.178 - Asset-Backed Securities
  (a) In this section, "asset-backed security" means an asset whose value is based upon the right it gives the owner to receive distributions from the ...
• Texas Property Code Section 116.201 - Disbursements From Income
  A trustee shall make the following disbursements from income to the extent that they are not disbursements to which Section 116.051(2)(B) or (C) applies: (1) ...
• Texas Property Code Section 116.202 - Disbursements From Principal
  (a) A trustee shall make the following disbursements from principal: (1) the remaining one-half of the disbursements described in Sections 116.201(1) and (2); (2) all ...
• Texas Property Code Section 116.203 - Transfers From Income To Principal For Depreciation
  (a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a ...
• Texas Property Code Section 116.204 - Transfers From Income To Reimburse Principal
  (a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may transfer an appropriate amount from income ...
• Texas Property Code Section 116.205 - Income Taxes
  (a) A tax required to be paid by a trustee based on receipts allocated to income must be paid from income. (b) A tax required ...
• Texas Property Code Section 116.206 - Adjustments Between Principal And Income Because Of Taxes
  (a) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder ...
• Texas Property Code Section 117.001 - Short Title
  This chapter may be cited as the "Uniform Prudent Investor Act." Added by Acts 2003, 78th Leg., ch. 1103, § 1, eff. Jan. 1, 2004. ...
• Texas Property Code Section 117.002 - Uniformity Of Application And Construction
  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter ...
• Texas Property Code Section 117.003 - Prudent Investor Rule
  (a) Except as otherwise provided in Subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust ...
• Texas Property Code Section 117.004 - Standard Of Care; Portfolio Strategy; Risk And Return Objectives
  (a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of ...
• Texas Property Code Section 117.005 - Diversification
  A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are ...
• Texas Property Code Section 117.006 - Duties At Inception Of Trusteeship
  Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning ...
• Texas Property Code Section 117.007 - Loyalty
  A trustee shall invest and manage the trust assets solely in the interest of the beneficiaries. Added by Acts 2003, 78th Leg., ch. 1103, § ...
• Texas Property Code Section 117.008 - Impartiality
  If a trust has two or more beneficiaries, the trustee shall act impartially in investing and managing the trust assets, taking into account any differing ...
• Texas Property Code Section 117.009 - Investment Costs
  In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of ...
• Texas Property Code Section 117.010 - Reviewing Compliance
  Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action ...
• Texas Property Code Section 117.011 - Delegation Of Investment And Management Functions
  (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall ...
• Texas Property Code Section 117.012 - Language Invoking Standard Of Chapter
  The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this ...
• Texas Property Code Section 121.001 - Pension Trusts
  (a) For the purposes of this subchapter, a pension trust is an express trust: (1) containing or relating to property; (2) created by an employer ...
• Texas Property Code Section 121.002 - Employees Of Controlled Corporations
  For the purposes of this subchapter, the relationship of employer and employee exists between a corporation and its own employees, and between a corporation and ...
• Texas Property Code Section 121.003 - Application Of Texas Trust Code
  The Texas Trust Code (Chapters 111 through 117) applies to a pension trust. Acts 1983, 68th Leg., p. 3691, ch. 576, § 1, eff. Jan. ...
• Texas Property Code Section 121.004 - Rule Against Perpetuities
  A pension trust may continue for as long as is necessary to accomplish the purposes of the trust and is not invalid under the rule ...
• Texas Property Code Section 121.005 - Accumulation Of Income
  Notwithstanding any law limiting the time during which trust income may be accumulated, the income of a pension trust may be accumulated under the terms ...
• Texas Property Code Section 121.051 - Definitions
  (a) In this subchapter: (1) "Death benefit" means a benefit of any kind, including the proceeds of a life insurance policy or any other payment, ...
• Texas Property Code Section 121.052 - Payment Of Death Benefit To Trustee
  (a) A death benefit is payable to a trustee of a trust evidenced by a written instrument or declaration existing on the date of an ...
• Texas Property Code Section 121.053 - Validity Of Trust Declaration
  The validity of a trust agreement or declaration is not affected by: (1) the absence of a corpus other than the right of the trustee ...
• Texas Property Code Section 121.054 - Unclaimed Benefits
  If a trustee does not claim a death benefit on or before the first anniversary of the employee's or participant's death or if satisfactory evidence ...
• Texas Property Code Section 121.055 - Exemption From Taxes And Debts
  Unless the trust agreement, declaration of trust, or will provides otherwise, a death benefit payable to a trustee under this subchapter is not: (1) part ...
• Texas Property Code Section 121.056 - Commingling Of Assets
  A trustee who receives a death benefit under this subchapter may commingle the property with other assets accepted by the trustee and held in trust, ...
• Texas Property Code Section 121.057 - Prior Designations Not Affected
  This subchapter does not affect the validity of a beneficiary designation made by an employee before April 3, 1975, that names a trustee as beneficiary ...
• Texas Property Code Section 121.058 - Construction
  (a) This subchapter is intended to be declaratory of the common law of this state. (b) A court shall liberally construe this subchapter to effect ...
• Texas Property Code Section 123.001 - Definitions
  In this chapter: (1) "Charitable entity" means a corporation, trust, community chest, fund, foundation, or other entity organized for scientific, educational, philanthropic, or environmental purposes, ...
• Texas Property Code Section 123.002 - Attorney General's Participation
  For and on behalf of the interest of the general public of this state in charitable trusts, the attorney general is a proper party and ...
• Texas Property Code Section 123.003 - Notice
  (a) Any party initiating a proceeding involving a charitable trust shall give notice of the proceeding to the attorney general by sending to the attorney ...
• Texas Property Code Section 123.004 - Voidable Judgment Or Agreement
  (a) A judgment in a proceeding involving a charitable trust is voidable if the attorney general is not given notice of the proceeding as required ...
• Texas Property Code Section 123.005 - Breach Of Fiduciary Duty
  (a) Venue in a proceeding brought by the attorney general alleging breach of a fiduciary duty by a fiduciary or managerial agent of a charitable ...
• Texas Property Code Section 141.001 - Short Title
  This chapter may be cited as the Texas Uniform Transfers to Minors Act. Amended by Acts 1995, 74th Leg., ch. 1043, § 1, eff. Sept. ...
• Texas Property Code Section 141.002 - Definitions
  In this chapter: (1) "Adult" means an individual who is at least 21 years of age. (2) "Benefit plan" means an employer's plan for the ...
• Texas Property Code Section 141.003 - Scope And Jurisdiction
  (a) This chapter applies to a transfer that refers to the Texas Uniform Transfers to Minors Act in the designation under Section 141.010(a) by which ...
• Texas Property Code Section 141.004 - Nomination Of Custodian
  (a) A person having the right to designate the recipient of property transferable on the occurrence of a future event may revocably nominate a custodian ...
• Texas Property Code Section 141.005 - Transfer By Gift Or Exercise Of Power Of Appointment
  A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for ...
• Texas Property Code Section 141.006 - Transfer Authorized By Will Or Trust
  (a) A legal representative or trustee may make an irrevocable transfer under Section 141.010 to a custodian for a minor's benefit as authorized in the ...
• Texas Property Code Section 141.007 - Other Transfer By Fiduciary
  (a) Subject to Subsections (b) and (c), a guardian, legal representative, or trustee may make an irrevocable transfer to another adult or trust company as ...
• Texas Property Code Section 141.008 - Transfer By Obligor
  (a) Subject to Subsections (b) and (c), a person who is not subject to Section 141.006 or 141.007 and who holds property of or owes ...
• Texas Property Code Section 141.009 - Receipt For Custodial Property
  A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian under this chapter. Amended ...
• Texas Property Code Section 141.010 - Manner Of Creating Custodial Property And Effecting Transfer; Designation Of Initial Custodian; Control
  (a) Custodial property is created and a transfer is made when: (1) an uncertificated security or a certificated security in registered form is: (A) registered ...
• Texas Property Code Section 141.011 - Single Custodianship
  A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by ...
• Texas Property Code Section 141.012 - Validity And Effect Of Transfer
  (a) The validity of a transfer made in a manner prescribed by this chapter is not affected by the: (1) transferor's failure to comply with ...
• Texas Property Code Section 141.013 - Care Of Custodial Property
  (a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, ...
• Texas Property Code Section 141.014 - Powers Of Custodian
  (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their ...
• Texas Property Code Section 141.015 - Use Of Custodial Property
  (a) A custodian may deliver or pay to the minor or expend for the minor's benefit as much of the custodial property as the custodian ...
• Texas Property Code Section 141.016 - Custodian's Expenses, Compensation, And Bond
  (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one ...
• Texas Property Code Section 141.017 - Exemption Of Third Person From Liability
  A third person, in good faith and without court order, may act on the instructions of or otherwise deal with any person purporting to make ...
• Texas Property Code Section 141.018 - Liability To Third Person
  (a) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control ...
• Texas Property Code Section 141.019 - Renunciation, Resignation, Death, Or Removal Of Custodian; Designation Of Successor Custodian
  (a) A person nominated to serve as a custodian under Section 141.004 or designated to serve as a custodian under Section 141.010 may decline to ...
• Texas Property Code Section 141.020 - Accounting By And Determination Of Liability
  (a) A minor who is at least 14 years of age, the minor's guardian of the person or legal representative, an adult member of the ...
• Texas Property Code Section 141.021 - Termination Of Custodianship
  The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate on the earlier of the date: ...
• Texas Property Code Section 141.022 - Applicability
  Except as provided by Section 141.025, this chapter applies to a transfer within the scope of Section 141.003 made after September 1, 1995, if: (1) ...
• Texas Property Code Section 141.023 - Effect On Existing Custodianships
  (a) Any transfer of custodial property under this chapter made before September 1, 1995, is validated notwithstanding that there was no specific authority in this ...
• Texas Property Code Section 141.024 - Uniformity Of Application And Construction
  This chapter shall be applied and construed to effect its general purpose, to make uniform the law with respect to the subject of this chapter ...
• Texas Property Code Section 141.025 - Additional Transfers To Custodianships In Existence Before Effective Date Of Act
  (a) This section applies only to a transfer within the scope of Section 141.003 made after September 1, 1995, to a custodian of a custodianship ...
• Texas Property Code Section 142.001 - Management By Decree
  (a) In a suit in which a minor or incapacitated person who has no legal guardian is represented by a next friend or an appointed ...
• Texas Property Code Section 142.002 - Management By Bonded Manager
  (a) In a suit in which a minor or incapacitated person who has no legal guardian is represented by a next friend or an appointed ...
• Texas Property Code Section 142.003 - Compensation And Duties Of Managers
  (a) A person who manages property under Section 142.001 or 142.002 is entitled to receive compensation as allowed by the court. (b) The person shall ...
• Texas Property Code Section 142.004 - Investment Of Funds
  (a) In a suit in which a minor or incapacitated person who has no legal guardian is represented by a next friend or an appointed ...
• Texas Property Code Section 142.005 - Trust For Property
  Text of subsec. (a) effective until January 1, 2006 (a) In a suit in which a minor who has no legal guardian or an ...
• Texas Property Code Section 142.006 - Claims Against Property
  If any person claims an interest in property subject to management under this chapter, the court having authority over the property may hear evidence on ...
• Texas Property Code Section 142.007 - Incapacitated Person
  For the purposes of this chapter, "incapacitated person" means a person who is impaired because of mental illness, mental deficiency, physical illness or disability, advanced ...
• Texas Property Code Section 142.008 - Structured Settlement
  (a) In a suit in which a minor or incapacitated person who has no legal guardian is represented by a next friend or an appointed ...
• Texas Property Code Section 142.009 - Annuity Contract Requirements For Structured Settlement
  (a) An insurance company providing an annuity contract for a structured settlement as provided by Section 142.008 must: (1) be licensed to write annuity contracts ...
• Texas Property Code Section 161.001 - Definitions
  In this chapter: (1) "Fiduciary" means an executor, administrator, or trustee of an express trust, including a corporation or a natural person acting as fiduciary, ...
• Texas Property Code Section 161.002 - Decree Or Governing Instrument Controls
  The authority granted in this chapter is subject to contrary or limiting provisions in the instrument or court order appointing the fiduciary of the securities ...
• Texas Property Code Section 161.021 - Authority Of Fiduciary
  A fiduciary who holds a security in a fiduciary capacity may: (1) employ a bank incorporated in this state or a national bank located in ...
• Texas Property Code Section 161.022 - Separate Assets
  (a) A bank holding a security under this subchapter, whether in registered or bearer form, at all times shall keep the security separate from the ...
• Texas Property Code Section 161.023 - Expense Of Custodianship
  Unless the fiduciary is a corporation, the cost of employing a bank as a custodian of securities under this subchapter is a charge against the ...
• Texas Property Code Section 161.024 - Records
  A bank holding a security under Section 161.021, whether in registered or bearer form, at all times shall keep records showing the ownership of the ...
• Texas Property Code Section 161.025 - Redelivery Of Security Held By Nominee
  (a) A bank holding a security in the name of a nominee of the bank under this subchapter may not redeliver the security to the ...
• Texas Property Code Section 161.026 - Disposition Of Security Held By Nominee
  A bank holding a security in the name of a nominee under this subchapter may make any disposition of the security that is authorized or ...
• Texas Property Code Section 161.027 - Liability
  A bank holding a security in the name of a nominee under this subchapter is liable for a loss resulting from the acts of the ...
• Texas Property Code Section 161.028 - Certification
  (a) On the demand of a fiduciary employing a bank to hold a security as custodian under this subchapter, the bank shall identify in a ...
• Texas Property Code Section 161.051 - Application
  (a) Except as provided by Subsection (b), this subchapter applies to a fiduciary holding a security in its fiduciary capacity and to a bank, trust ...
• Texas Property Code Section 161.052 - Authority Of Fiduciary
  A fiduciary holding a security in its fiduciary capacity and a bank, trust company, or private banker holding a security as a custodian for a ...
• Texas Property Code Section 161.053 - Bulk Holdings
  A clearing corporation may merge and hold in bulk certificates representing the same class of securities of the same issuer that are deposited with it ...
• Texas Property Code Section 161.054 - Records
  A fiduciary, bank, trust company, or private banker depositing a security under this subchapter shall show in its records at all times the ownership of ...
• Texas Property Code Section 161.055 - Regulation
  A bank, trust company, or private banker depositing securities under this subchapter is subject to the regulations issued by the Finance Commission of Texas if ...
• Texas Property Code Section 161.056 - Book Transfers
  The Federal Reserve Bank of Dallas or a clearing corporation holding securities deposited under this subchapter may transfer ownership of or other interests in the ...
• Texas Property Code Section 161.057 - Liability
  A fiduciary who deposits securities in a clearing corporation is liable to the beneficial owner of the securities for a loss resulting from the acts ...
• Texas Property Code Section 161.058 - Certification
  (a) On the demand of a fiduciary for whom a bank, trust company, or private banker is acting as custodian, the bank, trust company, or ...
• Texas Property Code Section 162.001 - Construction Payments And Loan Receipts As Trust Funds
  (a) Construction payments are trust funds under this chapter if the payments are made to a contractor or subcontractor or to an officer, director, or ...
• Texas Property Code Section 162.002 - Contractors As Trustees
  A contractor, subcontractor, or owner or an officer, director, or agent of a contractor, subcontractor, or owner, who receives trust funds or who has control ...
• Texas Property Code Section 162.003 - Beneficiaries Of Trust Funds
  An artisan, laborer, mechanic, contractor, subcontractor, or materialman who labors or who furnishes labor or material for the construction or repair of an improvement on ...
• Texas Property Code Section 162.004 - Application
  (a) This chapter does not apply to: (1) a bank, savings and loan, or other lender; (2) a title company or other closing agent; or ...
• Texas Property Code Section 162.005 - Definitions
  In this chapter: (1) A trustee acts with "intent to defraud" when the trustee: (A) retains, uses, disburses, or diverts trust funds with the intent ...
• Texas Property Code Section 162.006 - Construction Account Required In Certain Circumstances
  (a) A contractor who enters into a written contract with a property owner to construct improvements to a residential homestead for an amount exceeding $5,000 ...
• Texas Property Code Section 162.007 - Management Of Construction Accounts
  (a) A contractor required to maintain a construction account under this subchapter shall maintain an account record for the construction account that provides information relating ...
• Texas Property Code Section 162.031 - Misapplication Of Trust Funds
  (a) A trustee who, intentionally or knowingly or with intent to defraud, directly or indirectly retains, uses, disburses, or otherwise diverts trust funds without first ...
• Texas Property Code Section 162.032 - Penalties
  (a) A trustee who misapplies trust funds amounting to $500 or more in violation of this chapter commits a Class A misdemeanor. (b) A trustee ...
• Texas Property Code Section 162.033 - Election Of Offenses
  If the misapplication of trust funds by a trustee constitutes another offense punishable under the laws of this state, the state may elect the offense ...
• Texas Property Code Section 163.001 - Short Title
  This chapter may be cited as the Uniform Management of Institutional Funds Act. Added by Acts 1989, 71st Leg., ch. 213, § 1, eff. May ...
• Texas Property Code Section 163.002 - Legislative Findings And Purpose
  (a) The legislature finds that: (1) publicly and privately supported educational, religious, and charitable organizations perform essential and needed services in the state; (2) uncertainty ...
• Texas Property Code Section 163.003 - Definitions
  In this chapter: (1) "Endowment fund" means an institutional fund, or any part of such a fund, not wholly expendable by the institution on a ...
• Texas Property Code Section 163.004 - Expenditures
  (a) A governing board may appropriate for expenditure, for the uses and purposes for which the fund is established, the net appreciation, realized and unrealized, ...
• Texas Property Code Section 163.005 - Investment Authority
  In addition to an investment authorized by other law or by the applicable gift instrument, and without restriction to investments a fiduciary may make, the ...
• Texas Property Code Section 163.006 - Delegation Of Investment Management
  Except as provided by the applicable gift instrument, the governing board may: (1) delegate to its committees, officers, or employees of the institution or the ...
• Texas Property Code Section 163.007 - Standard Of Conduct
  In the administration of the powers to appropriate appreciation, to make and retain investments, to develop and apply investment and spending policies, and to delegate ...
• Texas Property Code Section 163.008 - Release Of Restrictions On Use Or Investment
  (a) With the written consent of the donor, the governing board may release, in whole or in part, a restriction imposed by the applicable gift ...
• Texas Property Code Section 163.009 - Applicability Of Other Parts Of Code
  Subtitle B, Title 9 (the Texas Trust Code), does not apply to any institutional fund subject to this chapter. Added by Acts 1989, 71st Leg., ...
• Texas Property Code Section 181.001 - Definitions
  In this chapter: (1) "Donee" means a person, whether or not a resident of this state, who, either alone or in conjunction with others, may ...
• Texas Property Code Section 181.002 - Application
  (a) Except as provided by Subsection (b), this chapter applies: (1) to a power or a release of a power, regardless of the date the ...
• Texas Property Code Section 181.003 - Chapter Not Exclusive
  The provisions of this chapter concerning the release of a power are not exclusive. Acts 1983, 68th Leg., p. 3724, ch. 576, § 1, eff. ...
• Texas Property Code Section 181.004 - Construction
  This chapter is intended to be declarative of the common law of this state, and it shall be liberally construed to make all powers, except ...
• Texas Property Code Section 181.051 - Authority Of Donee To Release Power
  Unless the instrument creating the power specifically provides to the contrary, a donee may at any time: (1) completely release the power; (2) release the ...
• Texas Property Code Section 181.052 - Requisites Of Release
  (a) A partial or complete release of a power, with or without consideration, is valid if the donee executes and acknowledges, in the manner required ...
• Texas Property Code Section 181.053 - Release By Guardian
  If a person under a disability holds a power, the guardian of the person's estate may release the power in the manner provided in this ...
• Texas Property Code Section 181.054 - Effect Of Release On Multiple Donees
  Unless the instrument creating a power provides otherwise, the complete or partial release by one or more donees of a power that may be exercised ...
• Texas Property Code Section 181.055 - Notice Of Release
  (a) A fiduciary or other person in possession or control of property subject to a power, other than the donee, does not have notice of ...
• Texas Property Code Section 181.056 - Recording
  (a) A county clerk shall record a release of a power in the county deed records, and the clerk shall index the release, with the ...
• Texas Property Code Section 181.057 - Effect Of Failure To Deliver Or File
  Failure to deliver or file an instrument releasing a power under Sections 181.052 and 181.055 does not affect the validity of the release as to ...
• Texas Property Code Section 181.058 - Restraints On Alienation Or Anticipation
  The release of a power that otherwise may be released is not prevented merely by provisions of the instrument creating the power that restrain alienation ...
• Texas Property Code Section 181.081 - Extent Of Power
  Unless an instrument creating a power expressly provides to the contrary, a donee may exercise a power in any manner consistent with this subchapter. Added ...
• Texas Property Code Section 181.082 - General Exercise
  In exercising a power, a donee may make an appointment: (1) of present, future, or present and future interests; (2) with conditions and limitations; (3) ...
• Texas Property Code Section 181.083 - Creating Additional Powers
  (a) In exercising a power, a donee may make appointments that create in the objects of the power additional powers of appointment. The additional powers ...
• Texas Property Code Section 201.001 - Application
  (a) This chapter applies to a residential real estate subdivision that is located in whole or in part: (1) within a city that has a ...
• Texas Property Code Section 201.002 - Findings And Purpose
  (a) The legislature finds that: (1) the pending expiration of property restrictions applicable to real estate subdivisions in municipalities and in the extraterritorial jurisdiction area ...
• Texas Property Code Section 201.003 - Definitions
  In this chapter: (1) "Restrictions" means one or more restrictive covenants contained or incorporated by reference in a properly recorded map, plat, replat, declaration, or ...
• Texas Property Code Section 201.004 - Extension, Renewal, Creation, Modification Of, Or Addition To, Restrictions
  (a) A petition may be filed under this chapter to extend or renew an unexpired restriction, to create a restriction, or to add to or ...
• Texas Property Code Section 201.005 - Petition Committee
  (a) At least three owners may form a petition committee. The committee shall file written notice of its formation with the county clerk of each ...
• Texas Property Code Section 201.0051 - Special Petition Approval Required For Certain Restrictions
  A right created or an obligation imposed by an existing restriction that relates to the developer of the subdivision or an architectural control committee established ...
• Texas Property Code Section 201.006 - Petition Procedure
  (a) A petition may be circulated, signed, acknowledged, and filed by or on behalf of owners at any time during the circulating committee's existence. The ...
• Texas Property Code Section 201.007 - Contents Of Petition
  (a) A petition filed under this chapter must contain or be supplemented by one or more instruments containing: (1) the name of the subdivision; (2) ...
• Texas Property Code Section 201.008 - Notice And Certificate Of Compliance
  (a) Not later than the 60th day after the date on which a petition that meets the requirements of this chapter is filed, the committee ...
• Texas Property Code Section 201.009 - Property Within Subdivision Not Affected By Petition
  (a) The procedures called for under this chapter are considered complete and regular in all respects unless challenged by a declaratory judgment suit under Section ...
• Texas Property Code Section 201.010 - Action And Limitations Of Remedies
  (a) If an owner and the owner's predecessors in interest neither signed the petition nor filed the statement described in the fourth listed category in ...
• Texas Property Code Section 201.011 - Prohibition Of Claim Of Lack Of Mutuality
  If a petition procedure is completed under this chapter, the owners of property within the subdivision whose property is covered by the petition may not ...
• Texas Property Code Section 201.012 - Multiple Filing; Computation Of Filing Date
  For purposes of this chapter, an instrument required to be filed with the clerk of more than one county is considered filed on the date ...
• Texas Property Code Section 201.013 - Cumulative Effect
  The procedure prescribed by this chapter for adding to, modifying, creating, or extending the term of a restriction is cumulative and not in lieu of ...
• Texas Property Code Section 202.001 - Definitions
  In this chapter: (1) "Dedicatory instrument" means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision, planned unit development, condominium or ...
• Texas Property Code Section 202.002 - Applicability Of Chapter
  (a) This chapter applies to all restrictive covenants regardless of the date on which they were created. (b) This chapter does not affect the requirements ...
• Texas Property Code Section 202.003 - Construction Of Restrictive Covenants
  (a) A restrictive covenant shall be liberally construed to give effect to its purposes and intent. (b) In this subsection, "family home" is a residential ...
• Texas Property Code Section 202.004 - Enforcement Of Restrictive Covenants
  (a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant ...
• Texas Property Code Section 202.005 - Withdrawal Of Signature
  (a) A signature may be withdrawn from a petition authorized to be filed in connection with terminating restrictive covenants, as provided by this section. (b) ...
• Texas Property Code Section 202.006 - Public Records
  A property owners' association shall file the dedicatory instrument in the real property records of each county in which the property to which the dedicatory ...
• Texas Property Code Section 202.007 - Certain Restrictive Covenants Prohibited
  (a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) ...
• Texas Property Code Section 202.009 - Regulation Of Display Of Political Signs
  (a) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a restrictive covenant that prohibits a property owner ...
• Texas Property Code Section 203.001 - Applicability Of Chapter
  This chapter applies only to a county with a population of more than 200,000. Added by Acts 1987, 70th Leg., ch. 712, § 1, eff. ...
• Texas Property Code Section 203.002 - Definition
  In this chapter, "restriction" means a limitation that affects the use to which real property may be put, fixes the distance at which buildings or ...
• Texas Property Code Section 203.003 - County Attorney Authorized To Enforce Restrictions
  (a) The county attorney may sue in a court of competent jurisdiction to enjoin or abate violations of a restriction contained or incorporated by reference ...
• Texas Property Code Section 203.004 - Administrative Fee
  (a) A complaint filed in connection with Section 203.003 must be accompanied by an administrative fee prescribed by the county commissioners court. The amount of ...
• Texas Property Code Section 203.005 - Court Costs And Attorney's Fees
  (a) The county may be awarded court costs and attorney's fees in a successful action under this chapter. (b) If the court costs and attorney's ...
• Texas Property Code Section 204.001 - Definitions
  In this chapter: (1) "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003. (2) "Dedicatory ...
• Texas Property Code Section 204.002 - Application
  (a) This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7, Property Code, that is located in ...
• Texas Property Code Section 204.003 - Provisions Of Restrictive Covenants Prevail In Certain Circumstances
  An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification ...
• Texas Property Code Section 204.004 - Property Owners' Association
  (a) A property owners' association is a designated representative of the owners of property in a subdivision and may be referred to as a "homeowners ...
• Texas Property Code Section 204.005 - Extension Of, Addition To, Or Modification Of Existing Restrictions
  (a) A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions. ...
• Texas Property Code Section 204.006 - Creation Of Property Owners' Association
  (a) If existing restrictions applicable to a subdivision do not provide for a property owners' association and require approval of more than 60 percent of ...
• Texas Property Code Section 204.007 - Effect On Lienholders
  (a) Extensions of, additions to, or modifications of restrictions under this chapter are binding on a lienholder, excluding restrictions relating to regular or special assessment ...
• Texas Property Code Section 204.008 - Method Of Adoption
  An extension, addition to, or modification of restrictions proposed by a property owners' association may be adopted: (1) by a written ballot that states the ...
• Texas Property Code Section 204.009 - Texas Nonprofit Corporations
  (a) If the property owners' association is referenced in the existing, extended, added to, or modified restrictions as a Texas nonprofit corporation, the instrument contemplates ...
• Texas Property Code Section 204.010 - Powers Of Property Owners' Association
  (a) Unless otherwise provided by the restrictions or the association's articles of incorporation or bylaws, the property owners' association, acting through its board of directors ...
• Texas Property Code Section 204.011 - Architectural Control Committee
  (a) This section applies to restrictions providing for the creation and operation of an architectural control committee with the power to approve or deny applications ...
• Texas Property Code Section 205.001 - Definitions
  In this chapter: (1) "Restrictions" and "subdivision" have the meanings assigned by Section 201.003. (2) "Property owners' association" has the meaning assigned by Section 202.001. ...
• Texas Property Code Section 205.002 - Applicability
  This chapter applies only to a county with a population of 65,000 or more. Added by Acts 1995, 74th Leg., ch. 1040, § 3, eff. ...
• Texas Property Code Section 205.003 - Restrictions Applicable To Revised Subdivisions
  (a) If all or part of a subdivision plat is revised to provide for another subdivision of land within all or part of the earlier ...
• Texas Property Code Section 205.004 - Amendment Of Restrictions By Governing Body Of Property Owners' Association
  (a) The governing body of a property owners' association may amend the restrictions for the limited purpose of complying with United States Department of Housing ...
• Texas Property Code Section 206.001 - Definitions
  In this chapter: (1) "Community association" means an incorporated association created to enforce restrictions. (2) "Dedicatory instrument" and "restrictive covenant" have the meanings assigned by ...
• Texas Property Code Section 206.002 - Applicability Of Chapter
  This chapter applies only to: (1) a residential real estate subdivision that: (A) consists of at least 4,600 homes; (B) is located in whole or ...
• Texas Property Code Section 206.003 - Extension Of Restriction Imposing Regular Assessment
  (a) A community association may approve and submit to a vote of the owners an extension of a restriction imposing a regular assessment. (b) The ...
• Texas Property Code Section 206.004 - Method Of Voting
  (a) An extension of a restriction that imposes a regular assessment must be voted on: (1) by a written ballot that states the substance of ...
• Texas Property Code Section 207.001 - Definitions
  In this chapter: (1) "Restrictions" has the meaning assigned by Section 201.003. (2) "Dedicatory instrument," "property owners' association," and "restrictive covenant" have the meanings assigned ...
• Texas Property Code Section 207.002 - Applicability
  This chapter applies to a subdivision with a property owners' association that is entitled to levy regular or special assessments. Added by Acts 1999, 76th ...
• Texas Property Code Section 207.003 - Delivery Of Subdivision Information To Owner
  (a) Not later than the 10th day after the date a written request for subdivision information is received from an owner, owner's agent, or title ...
• Texas Property Code Section 207.004 - Owner's Remedies For Failure By Property Owners' Association To Timely Deliver Information
  (a) If a property owners' association does not timely deliver information in accordance with Section 207.003, the owner, owner's agent, or title insurance company or ...
• Texas Property Code Section 207.005 - Effect Of Resale Certificate; Liability
  (a) A property owners' association may not deny the validity of any statement in the resale certificate. The property owners' association's lien to secure undisclosed ...
• Texas Property Code Section 208.001 - Definitions
  In this chapter: (1) "Owner" and "real property records" have the meanings assigned by Section 201.003. (2) "Dedicatory instrument," "property owners' association," "petition," and "restrictive ...
• Texas Property Code Section 208.002 - Applicability
  (a) This chapter applies only to a historic neighborhood that is located in whole or in part in a municipality with a population of 1.6 ...
• Texas Property Code Section 208.003 - Historic Neighborhood Preservation Association
  (a) A historic neighborhood preservation association must: (1) be a Texas nonprofit corporation or limited liability company organized, in part, to encourage the preservation of ...
• Texas Property Code Section 208.004 - Common Scheme For Preservation Of Property In Historic Neighborhood
  (a) A common scheme for preservation of historic property exists in a historic neighborhood if: (1) the restrictive covenants were created by individual dedicatory instruments ...
• Texas Property Code Section 208.005 - Amendment Or Termination Of Restrictive Covenants Under Common Scheme For Preservation
  (a) A restrictive covenant applicable to property that is included in a common scheme for preservation of historic property may not be amended or terminated ...
• Texas Property Code Section 208.006 - Method Of Voting
  (a) An amendment or termination of a restrictive covenant must be voted on: (1) by a written ballot that states the substance of the amendment ...
• Texas Property Code Section 208.007 - Regular And Special Assessments
  The procedure established by this chapter for the amendment of restrictive covenants may not be used to establish a regular or special assessment. Added by ...
• Texas Property Code Section 208.008 - Building Lines
  The procedure established by this chapter for the amendment of restrictive covenants may not be used to modify a building line established by a restrictive ...
• Texas Property Code Section 208.009 - Defense To Enforcement Of Restrictive Covenant
  An owner may not assert as a defense to the enforcement of a restrictive covenant that is part of a common scheme for preservation of ...
• Texas Property Code Section 209.001 - Short Title
  This chapter may be cited as the Texas Residential Property Owners Protection Act. Added by Acts 2001, 77th Leg., ch. 926, § 1, eff. Jan. ...
• Texas Property Code Section 209.002 - Definitions
  In this chapter: (1) "Assessment" means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners' association ...
• Texas Property Code Section 209.003 - Applicability Of Chapter
  (a) This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association ...
• Texas Property Code Section 209.004 - Management Certificates
  (a) A property owners' association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and ...
• Texas Property Code Section 209.005 - Association Records
  (a) A property owners' association shall make the books and records of the association, including financial records, reasonably available to an owner in accordance with ...
• Texas Property Code Section 209.006 - Notice Required Before Enforcement Action
  (a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a ...
• Texas Property Code Section 209.007 - Hearing Before Board; Alternative Dispute Resolution
  (a) If the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a ...
• Texas Property Code Section 209.008 - Attorney's Fees
  (a) A property owners' association may collect reimbursement of reasonable attorney's fees and other reasonable costs incurred by the association relating to collecting amounts, including ...
• Texas Property Code Section 209.009 - Foreclosure Sale Prohibited In Certain Circumstances
  A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of: (1) fines assessed ...
• Texas Property Code Section 209.010 - Notice After Foreclosure Sale
  (a) A property owners' association that conducts a foreclosure sale of an owner's lot must send to the lot owner not later than the 30th ...
• Texas Property Code Section 209.011 - Right Of Redemption After Foreclosure
  (a) A property owners' association or other person who purchases occupied property at a sale foreclosing a property owners' association's assessment lien must commence and ...
• Texas Property Code Section 210.001 - Definitions
  In this chapter: (1) "Dedicatory instrument" has the meaning assigned by Section 202.001. (2) "Owner" has the meaning assigned by Section 201.003. (3) "Property owners' ...
• Texas Property Code Section 210.002 - Applicability Of Chapter
  This chapter applies to a residential real estate subdivision that is located in a county with a population of: (1) more than 170,000 and less ...
• Texas Property Code Section 210.003 - Findings And Purpose
  (a) The legislature finds that: (1) the pending expiration of and the inability of owners to extend or modify property restrictions applicable to certain real ...
• Texas Property Code Section 210.004 - Extension Or Modification Of Restrictions
  (a) In addition to any procedures provided in a subdivision's restrictions, a property owners' association, or a petition committee comprised of at least three owners, ...
• Texas Property Code Section 210.005 - Petition Procedure
  (a) The property owners' association or petition committee shall deliver to each record owner of property in the subdivision a petition describing the exact terms ...
• Texas Property Code Section 210.006 - Vote On Proposal
  (a) If the petition allows owners to indicate only approval or disapproval of the entire proposal, the proposal is adopted if owners of at least ...
• Texas Property Code Section 210.007 - Subdivision Consisting Of Multiple Sections
  If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, a proposal or specific provision ...
• Texas Property Code Section 210.008 - Resolution Certifying Results Of Vote
  (a) The property owners' association or petition committee shall certify the results of a vote under this chapter by a written resolution specifying the number ...
• Texas Property Code Section 210.009 - Additional Procedures
  The procedures provided by this chapter are in addition to any procedures provided in a subdivision's restrictions for the extension or modification of existing restrictions. ...
• Texas Property Code Section 211.001 - Definitions
  In this chapter: (1) "Dedicatory instrument" means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision or any similar planned development. ...
• Texas Property Code Section 211.002 - Applicability Of Chapter
  (a) This chapter applies only to a residential real estate subdivision or any unit or parcel of a subdivision located in whole or in part ...
• Texas Property Code Section 211.003 - Findings And Purpose
  (a) The legislature finds that: (1) owners of land in certain real estate subdivisions are unable to govern the subdivisions by democratic principles of self-government; ...
• Texas Property Code Section 211.004 - Creation Or Modification Of Procedure To Amend Restrictions
  (a) A property owners' association by a two-thirds vote of the association's governing body may submit a procedure for amending restrictions to a vote of ...
• Texas Property Code Section 211.005 - Effect Of Adopting Amendment Procedure
  After the effective date of the adoption of the amendment procedure under this chapter, any proposed amendment to the restrictions described by Section 211. 002(b) ...
• Texas Property Code Section 221.001 - Short Title
  This chapter shall be known and may be cited as the Texas Timeshare Act. Added by Acts 1987, 70th Leg., ch. 167, § 6.03, eff. ...
• Texas Property Code Section 221.002 - Definitions
  As used in this chapter: (1) "Accommodation" means any apartment, condominium or cooperative unit, hotel or motel room, cabin, lodge, or other private or commercial ...
• Texas Property Code Section 221.003 - Applicability
  (a) This chapter applies to all timeshare properties that are located in this state or offered for sale in this state. (b) Timeshare properties located ...
• Texas Property Code Section 221.011 - Declaration
  (a) The developer of a timeshare plan any part of which is located in this state must record the timeshare instrument in this state. When ...
• Texas Property Code Section 221.012 - Conveyance And Encumbrance
  Once the property is established as a timeshare plan, each timeshare interest may be individually conveyed or encumbered and shall be entirely independent of all ...
• Texas Property Code Section 221.013 - Common Ownership
  (a) Any timeshare interest may be jointly or commonly owned by more than one person. (b) A timeshare estate may be jointly or commonly owned ...
• Texas Property Code Section 221.014 - Partition
  An action for partition of a timeshare interest may not be maintained during the term of a timeshare plan. Added by Acts 1987, 70th Leg., ...
• Texas Property Code Section 221.021 - Registration Required
  (a) Except as provided by Subsection (b) or (d) of this section or another provision of this chapter, a person may not offer or dispose ...
• Texas Property Code Section 221.022 - Application For Registration
  (a) An application for registration filed under this section must include a timeshare disclosure statement and any required exchange disclosure statement required by Section 221.033, ...
• Texas Property Code Section 221.023 - Amendment Of Registration
  The developer shall file amendments to the registration reporting to the commission any materially adverse change in any document contained in the registration not later ...
• Texas Property Code Section 221.024 - Powers Of Commission
  (a) The commission may prescribe and publish forms and adopt rules necessary to carry out the provisions of this chapter and may suspend or revoke ...
• Texas Property Code Section 221.025 - Effect Of Registration On Other Laws: Exemption From Certain Laws
  (a) A developer's compliance with this chapter exempts the developer's offer and disposition of timeshare interests subject to this chapter from securities and dealer registration ...
• Texas Property Code Section 221.026 - Issuance And Renewal Of Registration
  (a) The commission by rule shall adopt requirements for the issuance and renewal of a developer's registration under this chapter, including: (1) the form required ...
• Texas Property Code Section 221.031 - Advertisements And Promotions
  (a) At any time, the commission may request a developer to file for review by the commission any advertisement used in this state by the ...
• Texas Property Code Section 221.032 - Timeshare Disclosure Statement
  (a) Before the signing of any agreement to acquire a timeshare interest, the developer shall provide a timeshare disclosure statement to the prospective purchaser and ...
• Texas Property Code Section 221.033 - Exchange Disclosure Statement
  (a) Before the signing of any agreement to purchase a timeshare interest in which a prospective purchaser is also offered participation in any exchange program, ...
• Texas Property Code Section 221.034 - Exempt Offerings And Dispositions; Communications
  (a) An offering or disposition is exempt from this chapter if it is: (1) a gratuitous offering or disposition of a timeshare interest; (2) a ...
• Texas Property Code Section 221.035 - Supervisory Duties Of Developer
  Notwithstanding obligations placed upon any other persons by this chapter, the developer shall supervise, manage, and control all aspects of the offering of a timeshare ...
• Texas Property Code Section 221.036 - Developer Preparation And Completion Of Documents
  (a) A developer may charge a reasonable fee for completion of a contract form, closing document, or disclosure document required for the sale, exchange, option, ...
• Texas Property Code Section 221.041 - Purchaser's Right To Cancel
  (a) A purchaser may cancel a purchase contract before the sixth day after the date the purchaser signs and receives a copy of the purchase ...
• Texas Property Code Section 221.042 - Notice; Refund
  (a) If a purchaser elects to cancel a purchase contract under Section 221.041, the purchaser may do so by hand-delivering notice of cancellation to the ...
• Texas Property Code Section 221.043 - Contract Requirements
  (a) Each purchase contract shall contain the following information. The statements required by this subsection and Subsection (c)(8) shall be provided in a conspicuous manner ...
• Texas Property Code Section 221.051 - Operation Requirement
  An exchange company shall employ seasonal demand and unit occupancy restrictions in the operation of its exchange program. Added by Acts 1987, 70th Leg., ch. ...
• Texas Property Code Section 221.052 - Liability Of Developer And Exchange Company
  (a) A developer does not incur any liability arising out of the use, delivery, or publication to a purchaser of written information or audio-visual materials ...
• Texas Property Code Section 221.053 - Exchange Company Liability
  Except for written information or audio-visual materials provided to a developer by an exchange company, an exchange company does not incur liability as a result ...
• Texas Property Code Section 221.061 - Escrow Or Trust Account Required
  (a) A developer or escrow agent of a timeshare plan shall deposit in an escrow or trust account in a federally insured depository 100 percent ...
• Texas Property Code Section 221.062 - Release Of Escrow
  (a) The funds or property constituting the escrow or trust deposit may be released from escrow only in accordance with this section. (b) If the ...
• Texas Property Code Section 221.063 - Alternative To Escrow Or Trust Account: Financial Assurance
  (a) Instead of the deposit of funds in an escrow or trust account as provided by Section 221.061, the commission may accept from the developer ...
• Texas Property Code Section 221.064 - Documentation Required
  The escrow or trust account agent or developer shall make documents related to the escrow or trust account or the financial assurance provided available to ...
• Texas Property Code Section 221.071 - Deceptive Trade Practices
  (a) A developer or other person commits a false, misleading, or deceptive act or practice within the meaning of Subsections (a) and (b) of Section ...
• Texas Property Code Section 221.072 - Insurance
  Before the disposition of any timeshare interest, the developer or managing entity shall maintain the following insurance with respect to the timeshare property: (1) property ...
• Texas Property Code Section 221.073 - Penalty
  (a) A developer subject to this chapter commits an offense if the developer offers or disposes of a timeshare interest in a timeshare property which ...
• Texas Property Code Section 221.074 - Annual Timeshare Fee And Expense Statement
  (a) Notwithstanding any contrary provision of the required timeshare disclosure statement, project instrument, timeshare instrument, or bylaws adopted pursuant to a timeshare instrument, the managing ...
• Texas Property Code Section 221.075 - Civil Penalty For Late Statement; Injunction
  (a) On receipt of a written request filed with the commission by a managing entity before the date on which the statement required by Section ...
• Texas Property Code Section 221.076 - Managing Entities That Manage More Than One Timeshare Property
  (a) A managing entity that manages two or more single-site timeshare plans may commingle the assessments collected from purchasers of one timeshare plan with the ...
• Texas Property Code Section 221.077 - Availability Of Books And Records; Records Retention
  (a) A developer or managing entity, on written request of an owner, shall make available for examination at its registered office or principal place of ...
• Texas Property Code Section 222.001 - Short Title
  This chapter may be cited as the Texas Membership Camping Resort Act. Added by Acts 1989, 71st Leg., ch. 2, § 13.03(d), eff. Aug. 28, ...
• Texas Property Code Section 222.002 - Application Of Chapter
  (a) This chapter applies to all membership camping resorts located in this state. (b) Sections 222.003-222.013 also apply to membership camping resorts located outside this ...
• Texas Property Code Section 222.003 - Definitions
  In this chapter: (1) "Advertising" means a direct or indirect solicitation or inducement to purchase and includes but is not necessarily limited to a solicitation ...
• Texas Property Code Section 222.004 - Registration; Administration
  (a) A person may not offer or dispose of a membership interest or membership right under a membership camping contract in this state unless the ...
• Texas Property Code Section 222.005 - Registration Of Sellers And Membership Camping Contract Brokers
  (a) A person may not offer a membership interest or membership right in a membership camping resort or resell membership camping contracts in this state ...
• Texas Property Code Section 222.006 - Disclosure Statements
  (a) Before or at the time of the use of any promotion in connection with the offering of a membership interest or membership right in ...
• Texas Property Code Section 222.007 - Contract
  (a) Each sale of a membership interest or membership right in a membership camping resort must be evidenced by a membership camping contract written in ...
• Texas Property Code Section 222.008 - Purchaser's Right To Cancel
  (a) A purchaser may cancel a membership camping contract to purchase a membership interest or membership right before the fourth business day after the contract ...
• Texas Property Code Section 222.009 - Reciprocal Program
  An operator does not incur any liability arising out of use, delivery, or publication by the operator to the purchaser of written information or audio-visual ...
• Texas Property Code Section 222.010 - Fees
  (a) The secretary of state shall set all fees imposed by this chapter in amounts reasonable and necessary to cover the costs of administering this ...
• Texas Property Code Section 222.011 - Violations
  (a) A person commits a false, misleading, or deceptive act or practice within the meaning of Subsections (a) and (b), Section 17.46, Deceptive Trade Practices-Consumer ...
• Texas Property Code Section 222.012 - Insurance
  Before the disposition of any membership interest or membership right in a membership camping resort, the operator shall maintain the following insurance with respect to ...
• Texas Property Code Section 222.013 - Exempt From Securities Act
  The filing of a registration under this chapter exempts the sale of a membership interest or membership right in a membership camping resort subject to ...
• Texas Property Code Section 301.001 - Short Title
  This chapter may be cited as the Texas Fair Housing Act. Added by Acts 1993, 73rd Leg., ch. 268, § 40, eff. Sept. 1, 1993. ...
• Texas Property Code Section 301.0015 - Texas Workforce Commission Civil Rights Division
  The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission civil rights division. A ...
• Texas Property Code Section 301.002 - Purposes
  The purposes of this chapter are to: (1) provide for fair housing practices in this state; (2) create a procedure for investigating and settling complaints ...
• Texas Property Code Section 301.003 - Definitions
  In this chapter: (1) "Aggrieved person" includes any person who: (A) claims to have been injured by a discriminatory housing practice; or (B) believes that ...
• Texas Property Code Section 301.004 - Familial Status
  A discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: (1) ...
• Texas Property Code Section 301.005 - Construction Of Chapter
  The statutory civil remedies or theories of recovery created by this chapter may not be expanded beyond their express statutory terms. Added by Acts 1993, ...
• Texas Property Code Section 301.021 - Sale Or Rental
  (a) A person may not refuse to sell or rent, after the making of a bona fide offer, refuse to negotiate for the sale or ...
• Texas Property Code Section 301.022 - Publication
  A person may not make, print, or publish or effect the making, printing, or publishing of a notice, statement, or advertisement that is about the ...
• Texas Property Code Section 301.023 - Inspection
  A person may not represent to another because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available ...
• Texas Property Code Section 301.024 - Entry Into Neighborhood
  A person may not, for profit, induce or attempt to induce another to sell or rent a dwelling by representations regarding the entry or prospective ...
• Texas Property Code Section 301.025 - Disability
  (a) A person may not discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because ...
• Texas Property Code Section 301.026 - Residential Real Estate Related Transaction
  (a) A person whose business includes engaging in residential real estate related transactions may not discriminate against another in making a real estate related transaction ...
• Texas Property Code Section 301.027 - Brokerage Services
  A person may not deny another access to, or membership or participation in, a multiple-listing service, real estate brokers' organization, or other service, organization, or ...
• Texas Property Code Section 301.041 - Sales And Rentals Exempted
  (a) Subchapter B does not apply to: (1) the sale or rental of a single-family house sold or rented by the owner if: (A) the ...
• Texas Property Code Section 301.042 - Religious Organization, Private Club, And Appraisal Exemption
  (a) This chapter does not prohibit a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or in ...
• Texas Property Code Section 301.043 - Housing For Elderly Exempted
  The provisions of this chapter relating to familial status do not apply to housing: (1) that the commission determines is specifically designed and operated to ...
• Texas Property Code Section 301.044 - Effect On Other Law
  (a) This chapter does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a ...
• Texas Property Code Section 301.062 - Rules
  The commission may adopt rules necessary to implement this chapter, but substantive rules adopted by the commission shall impose obligations, rights, and remedies that are ...
• Texas Property Code Section 301.063 - Complaints
  As provided by Subchapters E and F, the commission shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this chapter. Added ...
• Texas Property Code Section 301.065 - Reports And Studies
  (a) The commission shall, at least annually, publish a written report recommending legislative or other action to carry out the purposes of this chapter. (b) ...
• Texas Property Code Section 301.066 - Cooperation With Other Entities
  The commission shall cooperate with and may provide technical and other assistance to federal, state, local, and other public or private entities that are designing ...
• Texas Property Code Section 301.067 - Subpoenas And Discovery
  (a) The commission may issue subpoenas and order discovery in investigations and hearings under this chapter. (b) The subpoenas and discovery may be ordered to ...
• Texas Property Code Section 301.068 - Referral To Municipality
  The commission may defer proceedings under this chapter and refer a complaint to a municipality that has been certified by the federal Department of Housing ...
• Texas Property Code Section 301.069 - Gifts And Grants
  (a) The commission may accept gifts and grants from any public or private source for administering this chapter. (b) Gifts and grants received shall be ...
• Texas Property Code Section 301.070 - Accessibility Assistance And Information For Landlords
  The commission shall provide to landlords technical and other assistance relating to the accessibility requirements under this chapter. Added by Acts 1999, 76th Leg., ch. ...
• Texas Property Code Section 301.081 - Complaint
  (a) The commission shall investigate complaints of alleged discriminatory housing practices. (b) A complaint must be: (1) in writing; (2) under oath; and (3) in ...
• Texas Property Code Section 301.082 - Answer
  (a) Not later than the 10th day after the date of receipt of the notice and copy of the complaint under Section 301.081(f)(3), a respondent ...
• Texas Property Code Section 301.083 - Investigation
  (a) If the federal government has referred a complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the ...
• Texas Property Code Section 301.084 - Additional Or Substitute Respondent
  (a) The commission may join a person not named in the complaint as an additional or substitute respondent if during the investigation the commission determines ...
• Texas Property Code Section 301.085 - Conciliation
  (a) The commission shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal ...
• Texas Property Code Section 301.086 - Temporary Or Preliminary Relief
  (a) The commission may authorize a civil action for temporary or preliminary relief pending the final disposition of a complaint if the commission concludes after ...
• Texas Property Code Section 301.087 - Investigative Report
  (a) The commission shall prepare a final investigative report including: (1) the names of and dates of contacts with witnesses; (2) a summary of correspondence ...
• Texas Property Code Section 301.088 - Reasonable Cause Determination
  (a) The commission shall determine from the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to ...
• Texas Property Code Section 301.089 - Charge
  (a) A charge issued under Section 301.088: (1) must consist of a short and plain statement of the facts on which the commission finds reasonable ...
• Texas Property Code Section 301.090 - Land Use Law
  If the commission determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the commission ...
• Texas Property Code Section 301.091 - Dismissal
  (a) If the commission determines that no reasonable cause exists to believe that a discriminatory housing practice that is the subject of a complaint has ...
• Texas Property Code Section 301.092 - Pending Civil Trial
  The commission may not issue a charge alleging a discriminatory housing practice after the beginning of the trial of a civil action commenced by the ...
• Texas Property Code Section 301.093 - Election Of Judicial Determination
  (a) A complainant, a respondent, or an aggrieved person on whose behalf a complaint was filed may elect to have the claims asserted in the ...
• Texas Property Code Section 301.111 - Administrative Hearing
  (a) If a timely election is not made under Section 301.093, the commission shall provide for a hearing on the charge. (b) Except as provided ...
• Texas Property Code Section 301.112 - Administrative Penalties
  (a) If the commission determines at a hearing under Section 301.111 that a respondent has engaged in or is about to engage in a discriminatory ...
• Texas Property Code Section 301.113 - Effect Of Commission Order
  A commission order under Section 301.112 does not affect a contract, sale, encumbrance, or lease that: (1) is consummated before the commission issues the order; ...
• Texas Property Code Section 301.114 - Licensed Or Regulated Business
  If the commission issues an order with respect to a discriminatory housing practice that occurs in the course of a business subject to a licensing ...
• Texas Property Code Section 301.115 - Order In Preceding Five Years
  If the commission issues an order against a respondent against whom another order was issued within the preceding five years under Section 301.112, the commission ...
• Texas Property Code Section 301.131 - Attorney General Action For Enforcement
  (a) If a timely election is made under Section 301.093, the commission shall authorize and not later than the 30th day after the date the ...
• Texas Property Code Section 301.132 - Pattern Or Practice Case
  (a) On the request of the commission, the attorney general may file a civil action in district court for appropriate relief if the commission has ...
• Texas Property Code Section 301.133 - Subpoena Enforcement
  The attorney general, on behalf of the commission or another party at whose request a subpoena is issued under this chapter, may enforce the subpoena ...
• Texas Property Code Section 301.151 - Civil Action
  (a) An aggrieved person may file a civil action in district court not later than the second year after the date of the occurrence or ...
• Texas Property Code Section 301.152 - Court-Appointed Attorney
  On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may ...
• Texas Property Code Section 301.153 - Relief Granted
  If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff: (1) actual ...
• Texas Property Code Section 301.154 - Effect Of Relief Granted
  Relief granted under this subchapter does not affect a contract, sale, encumbrance, or lease that: (1) is consummated before the granting of the relief; and ...
• Texas Property Code Section 301.155 - Intervention By Attorney General
  (a) On request of the commission, the attorney general may intervene in an action under this subchapter if the commission certifies that the case is ...
• Texas Property Code Section 301.156 - Prevailing Party
  A court in a civil action brought under this chapter or the commission in an administrative hearing under Section 301.111 may award reasonable attorney fees ...
• Texas Property Code Section 301.171 - Intimidation Or Interference
  (a) A person commits an offense if the person, without regard to whether the person is acting under color of law, by force or threat ...
• Texas Property Code Section 401.001 - Short Title
  This title may be cited as the Texas Residential Construction Commission Act. Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, ...
• Texas Property Code Section 401.002 - General Definitions
  In this title: (1) "Applicable building and performance standards" means: (A) building and performance standards adopted under Section 430.001; or (B) for homes constructed before ...
• Texas Property Code Section 401.003 - Definition Of Builder
  (a) In this title, "builder" means any business entity or individual who, for a fixed price, commission, fee, wage, or other compensation, constructs or supervises ...
• Texas Property Code Section 401.004 - Definition Of Construction Defect
  (a) In this title, "construction defect" means: (1) the failure of the design, construction, or repair of a home, an alteration of or a repair, ...
• Texas Property Code Section 401.005 - Exemptions
  (a) This title does not apply to a home that is: (1) built by the individual who owns the home, alone or with the assistance ...
• Texas Property Code Section 401.006 - Sunset Provision
  The Texas Residential Construction Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the ...
• Texas Property Code Section 406.001 - Texas Residential Construction Commission; Membership
  (a) The Texas Residential Construction Commission consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) ...
• Texas Property Code Section 406.002 - Terms
  (a) Commission members serve staggered six-year terms, with three members' terms expiring February 1 of each odd-numbered year. The terms of three of the builder ...
• Texas Property Code Section 406.003 - Presiding Officer
  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of ...
• Texas Property Code Section 406.004 - Membership And Employee Restrictions
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Property Code Section 406.005 - Grounds For Removal
  (a) It is a ground for removal from the commission that a member: (1) does not have at the time of taking office the qualifications ...
• Texas Property Code Section 406.006 - Training
  (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as ...
• Texas Property Code Section 406.007 - Meetings
  The commission shall meet at least quarterly and at other times at the call of the presiding officer. Added by Acts 2003, 78th Leg., ch. ...
• Texas Property Code Section 407.001 - Executive Director
  The commission shall employ an executive director as the executive head of the agency. Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. ...
• Texas Property Code Section 407.002 - Other Personnel
  The commission may employ other personnel as necessary for the administration of this title. Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. ...
• Texas Property Code Section 407.003 - Division Of Responsibilities
  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and ...
• Texas Property Code Section 407.004 - Qualifications And Standards Of Conduct Information
  The executive director or the executive director's designee shall provide to members of the commission and to commission employees, as often as necessary, information regarding ...
• Texas Property Code Section 407.005 - Career Ladder Program; Performance Evaluation
  (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees ...
• Texas Property Code Section 407.006 - Equal Employment Opportunity Policy; Annual Report
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
• Texas Property Code Section 407.007 - Information And Training On State Employee Incentive Program
  The executive director or the executive director's designee shall provide to commission employees information and training on the benefits and methods of participation in the ...
• Texas Property Code Section 408.001 - Rules
  The commission shall adopt rules as necessary for the implementation of this title, including rules: (1) governing the state-sponsored inspection and dispute resolution process, including ...
• Texas Property Code Section 408.002 - Fees
  The commission shall adopt fees as required by this title in amounts that are reasonable and necessary to provide sufficient revenue to cover the costs ...
• Texas Property Code Section 408.003 - Accessibility
  (a) The commission shall comply with federal and state laws related to program and facility accessibility. (b) The executive director shall prepare and maintain a ...
• Texas Property Code Section 408.004 - Annual Report
  (a) The commission shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report ...
• Texas Property Code Section 409.001 - Public Interest Information
  (a) The commission shall prepare information of public interest describing the functions of the commission, the provisions of the limited statutory warranty and building and ...
• Texas Property Code Section 409.002 - Public Participation
  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any ...
• Texas Property Code Section 409.003 - Records Of Complaints
  (a) The commission shall maintain a file on each written complaint filed with the commission. (b) The commission shall provide to the person filing the ...
• Texas Property Code Section 416.001 - Registration Required
  A person may not act as a builder unless the person holds a certificate of registration under this chapter. Added by Acts 2003, 78th Leg., ...
• Texas Property Code Section 416.002 - Application For Certificate
  (a) An applicant for an original or renewal certificate of registration must submit an application on a form prescribed by the commission. (b) Each applicant ...
• Texas Property Code Section 416.004 - Fees
  (a) The commission shall charge and collect: (1) a filing fee for an application for an original certificate of registration that does not exceed $500; ...
• Texas Property Code Section 416.005 - General Eligibility Requirements
  A person may not receive a certificate of registration under this chapter unless: (1) the person, at the time of the application: (A) is at ...
• Texas Property Code Section 416.006 - Additional Eligibility Requirements For Business Entities
  (a) To be eligible for an original or renewal certificate of registration under this chapter: (1) a corporation must designate one of its officers as ...
• Texas Property Code Section 416.007 - Issuance Of Certificate
  (a) Not later than the 15th day after the date the commission receives an application from an applicant who meets the requirements of this chapter, ...
• Texas Property Code Section 416.008 - Denial Of Registration
  (a) If the commission denies an application for an original certificate of registration or a renewal application, the commission shall give written notice to the ...
• Texas Property Code Section 416.009 - Expiration Of Certificate
  (a) The commission may issue or renew a certificate of registration for a period that does not exceed 24 months. (b) The commission by rule ...
• Texas Property Code Section 416.010 - Office Location; Change Of Address; Assumed Names
  (a) A builder shall maintain a fixed office location in this state. The address of the builder's principal place of business must be designated on ...
• Texas Property Code Section 416.011 - Texas Star Builder Designation
  (a) The commission shall establish rules and procedures for a program through which a builder can be designated as a "Texas Star Builder." A builder's ...
• Texas Property Code Section 417.001 - Certification
  (a) The commission by rule shall establish eligibility requirements and procedures for a person to be certified by the commission as a residential construction arbitrator. ...
• Texas Property Code Section 417.002 - Application For Certification
  An applicant for certification under this chapter or for renewal of that certification must submit an application on a form prescribed by the commission and ...
• Texas Property Code Section 417.003 - Fees
  The commission shall charge and collect: (1) a filing fee for an application for certification under this chapter that does not exceed $100; and (2) ...
• Texas Property Code Section 417.004 - Publication And Comment Period; Certification
  (a) The commission shall publish notice of each applicant's original application for certification under this chapter in the Texas Register and allow public comment on ...
• Texas Property Code Section 417.005 - Denial Of Certification
  The commission shall establish procedures under which a denial of a certification under this chapter may be contested by the applicant. Added by Acts 2003, ...
• Texas Property Code Section 417.006 - Expiration Of Certification
  The commission may issue or renew a certification under this chapter for a period that does not exceed 24 months. Added by Acts 2003, 78th ...
• Texas Property Code Section 417.007 - List Of Certified Arbitrators
  The commission shall maintain an updated list of residential construction arbitrators certified under this chapter and make the list available to the public. Added by ...
• Texas Property Code Section 418.001 - Grounds For Disciplinary Action
  A person is subject to disciplinary action under this chapter for: (1) fraud or deceit in obtaining a registration or certification under this subtitle; (2) ...
• Texas Property Code Section 418.002 - Disciplinary Powers Of Commission
  On a determination that a ground for disciplinary action under Section 418.001 exists, the commission may: (1) revoke or suspend a registration or certification; (2) ...
• Texas Property Code Section 418.003 - Hearing
  (a) If the commission proposes to take a disciplinary action against a person under Section 418.002, the person is entitled to a hearing before the ...
• Texas Property Code Section 418.004 - Appeal
  (a) A person aggrieved by a ruling, order, or decision of the commission is entitled to appeal to a district court in the county in ...
• Texas Property Code Section 419.001 - Imposition Of Administrative Penalty
  In a contested case involving disciplinary action, the commission may, as part of the commission's order, impose an administrative penalty on a registered or certified ...
• Texas Property Code Section 419.002 - Amount Of Penalty
  (a) An administrative penalty imposed under this chapter may not exceed $5,000 for each violation. (b) In determining the amount of an administrative penalty, the ...
• Texas Property Code Section 419.003 - Payment Of Penalty
  The commission shall specify in an order imposing an administrative penalty under this chapter a date on or before the 30th day after the date ...
• Texas Property Code Section 419.004 - Enforcement Of Penalty
  If a person does not pay an administrative penalty imposed under this chapter and enforcement of the penalty is not stayed, the commission may: (1) ...
• Texas Property Code Section 426.001 - Applicability Of Subtitle
  (a) This subtitle applies to a dispute between a builder and a homeowner if: (1) the dispute arises out of an alleged construction defect, other ...
• Texas Property Code Section 426.002 - Conflict With Certain Other Law
  To the extent of any conflict between this subtitle and any other law, including Chapter 27 and the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, ...
• Texas Property Code Section 426.003 - Registration Of Home
  (a) A builder shall register a new home with the commission on or before the 15th day of the month following the month in which ...
• Texas Property Code Section 426.004 - Fees
  (a) A party who submits a request under this subtitle shall pay any amount required by the commission to cover the expense of the third-party ...
• Texas Property Code Section 426.005 - Prerequisite To Action
  (a) A homeowner must comply with this subtitle before initiating an action for damages or other relief arising from an alleged construction defect. (b) An ...
• Texas Property Code Section 426.006 - Time For Requesting Inspection And Dispute Resolution
  The state-sponsored inspection and dispute resolution process must be requested on or before the second anniversary of the date of discovery of the conditions claimed ...
• Texas Property Code Section 426.007 - Admissibility Of Certain Evidence
  A person who submits a request for state-sponsored inspection and dispute resolution must disclose in the request the name of any person who, before the ...
• Texas Property Code Section 426.008 - Rebuttable Presumption Of Third-Party Inspector's Recommendation Or Ruling By Panel Of State Inspectors
  (a) In any action involving a construction defect brought after a recommendation by a third-party inspector or ruling by a panel of state inspectors on ...
• Texas Property Code Section 427.001 - Qualifications Of Third-Party Inspectors
  (a) A third- party inspector approved by the commission must: (1) meet the minimum qualifications prescribed by this section and any other qualifications prescribed by ...
• Texas Property Code Section 427.002 - State Inspectors
  (a) The commission shall employ state inspectors to: (1) review on an appeals panel the recommendations of third-party inspectors; (2) provide consultation to third-party inspectors; ...
• Texas Property Code Section 428.001 - Request For Resolution
  (a) If a dispute between a homeowner and a builder arises out of an alleged construction defect, the homeowner or the builder may submit to ...
• Texas Property Code Section 428.002 - Builder's Right Of Inspection
  (a) In addition to the right of inspection provided by Section 428.001(c), at any time before the conclusion of the state-sponsored inspection and dispute resolution ...
• Texas Property Code Section 428.003 - Inspection By Third-Party Inspector
  (a) On or before the 15th day after the date the commission receives a request, the commission shall appoint the next available third-party inspector from ...
• Texas Property Code Section 428.004 - Inspector's Recommendation
  (a) If the dispute involves workmanship and materials in the home of a nonstructural matter, the third-party inspector shall issue a recommendation not later than ...
• Texas Property Code Section 428.005 - Threat To Health Or Safety
  A builder who receives written notice of a request relating to a construction defect that creates an imminent threat to the health or safety of ...
• Texas Property Code Section 429.001 - Appeal
  (a) A homeowner or builder may appeal a third- party inspector's recommendation on or before the 15th day after the date the recommendation is issued. ...
• Texas Property Code Section 430.001 - Limited Statutory Warranties And Building And Performance Standards
  (a) The commission by rule shall adopt limited statutory warranties and building and performance standards for residential construction that comply with this section. (b) The ...
• Texas Property Code Section 430.002 - Warranty Of Habitability
  (a) The construction of each new home or home improvement shall include the warranty of habitability. (b) For a construction defect to be actionable as ...
• Texas Property Code Section 430.003 - Mold Reduction And Remediation; Task Force
  (a) The building and performance standards adopted under Section 430.001 must include measures that are designed to reduce the general population's exposure to mold often ...
• Texas Property Code Section 430.004 - Certain Design Recommendations; Advisory Committee
  The commission shall appoint a task force to develop design recommendations for residential construction that encourage rain harvesting and water recycling. Added by Acts 2003, ...
• Texas Property Code Section 430.005 - Alternative Standards For Certain Construction
  For the purpose of this title, the only statutory warranty and building and performance standards that apply to residential construction in unincorporated areas of counties ...
• Texas Property Code Section 430.006 - Statutory Warranties Exclusive
  The warranties established under this chapter supersede all implied warranties. The only warranties that exist for residential construction or residential improvements are warranties created by ...
• Texas Property Code Section 430.007 - Waiver By Contract Prohibited
  A contract between a builder and a homeowner may not waive the limited statutory warranties and building and performance standards adopted under this chapter or ...
• Texas Property Code Section 430.008 - Approval Of Third-Party Warranty Company
  (a) The commission may approve as a third-party warranty company for the purposes of Section 430.009: (1) an entity that has operated warranty programs in ...
• Texas Property Code Section 430.009 - Third-Party Warranty Company
  (a) A builder may elect to provide a warranty through a third-party warranty company approved by the commission. (b) A transfer of liability under this ...
• Texas Property Code Section 430.010 - Minimum Standards For Determination Of Defect
  A third-party warranty company shall use defect inspection procedures substantially similar to the procedures adopted by the commission under this subtitle. A warranty company may ...
• Texas Property Code Section 430.011 - Effect Of Subtitle On Other Rights And Obligations
  (a) Except as permitted by this subtitle, an express, written contract between a homeowner and a builder may not limit the obligations of a builder ...
• Texas Property Code Section 436.001 - Definitions
  In this subtitle: (1) "Arbitration" means the procedure for dispute resolution described by Section 154.027, Civil Practice and Remedies Code. (2) "Arbitration services provider" means ...
• Texas Property Code Section 436.002 - Applicability
  (a) This subtitle applies only to an arbitration of a dispute between a homeowner and a builder that involves an alleged construction defect. (b) The ...
• Texas Property Code Section 436.003 - Venue
  (a) An arbitration of a dispute involving a construction defect shall be conducted in the county in which the home alleged to contain the defect ...
• Texas Property Code Section 436.004 - Residential Construction Arbitration Task Force
  (a) The commission shall appoint a task force to study residential arbitrators and arbitration and advise the commission with respect to residential arbitrators and arbitration. ...
• Texas Property Code Section 437.001 - Award Filing
  (a) If an arbitration award is filed in a court of competent jurisdiction in this state, the filer shall also, not later than the 30th ...
• Texas Property Code Section 437.002 - Enforcement
  (a) The commission by rule shall establish a fee not to exceed $100 for the late filing of an arbitration award and procedures for the ...
• Texas Property Code Section 438.001 - Grounds For Vacating Award
  In addition to grounds for vacating an arbitration award under Section 171.088, Civil Practice and Remedies Code, on application of a party, a court shall ...
• Texas Property Code Section 80.001 - Purposes
  The purposes of this chapter are to establish the ownership of loaned cultural property that has been abandoned by the lender, to establish uniform procedures ...
• Texas Property Code Section 80.002 - Definitions
  In this chapter: (1) "Museum" means an institution located in this state and operated by a nonprofit corporation or public agency, primarily educational, scientific, or ...
• Texas Property Code Section 80.003 - Notice To Lender
  (a) If a museum is required to give a lender notice under this chapter, the museum is considered to have given the lender notice if ...
• Texas Property Code Section 80.004 - Abandoned Property; Notice; Title To Property
  (a) Unless there is a written unexpired loan agreement to the contrary, any property on loan to a museum for 15 years or more and ...
• Texas Property Code Section 80.005 - Intent To Terminate Loan; Form; Transformation Of Specified Term To Indefinite Term
  (a) A museum may give the lender notice of the museum's intent to terminate a loan that was made for an indefinite term or for ...
• Texas Property Code Section 80.006 - Conservation Or Disposal Of Loaned Property; Conditions; Lien; Liability Of Museum
  (a) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to ...
• Texas Property Code Section 80.007 - Action To Recover Property; Limitations
  (a) The two-year limitation on actions to recover personal property prescribed by Section 16.003, Civil Practice and Remedies Code, runs from the date the museum ...

Last modified: August 11, 2007