Texas · statute · Tex. Civil Practice and Remedies Code · 1,473 active provisions
(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 by the legislature in Chapter 323, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive…
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 code.
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 this code; and (2) a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to…
(a) The rule of decision in this state consists of those portions of the common law of England that are not inconsistent with the constitution or the laws of this state, the constitution of this state, and the laws of this state. (b) In any action governed by the laws of this state concerning rights and obligations und…
(a) A governmental entity or officer listed in Subsection (b) may not be required to file a bond for court costs incident to a suit filed by the entity or officer or for an appeal or writ of error taken out by the entity or officer and is not required to give a surety for the issuance of a bond to take out a writ of at…
(a) Security for costs may not be required of an incorporated city or town of this state in an action, suit, or proceeding. (b) A municipality may institute and prosecute suits without giving security for cost and may appeal from judgment without giving supersedeas or cost bond.
(a) A governmental entity listed in Subsection (b) may not be required to give bond on an appeal or writ of error taken in a civil case that the entity is prosecuting or defending in its official capacity. (b) The following are exempt from the appeal bond requirements: (1) a water improvement district, a water control…
A school district may institute and prosecute suits without giving security for cost and may appeal from judgment without giving supersedeas or cost bond.
(a) A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedure or under a provision of this code derived from those rules is liable for actual damages only in a suit brought by a person injured by the officer's neglect or refusal. (b) The officer may b…
(a) An officer who has custody of a sum of money, a debt, an instrument, or other property paid to or deposited with a court pending the outcome of a cause of action shall seal the property in a secure package in a safe or bank vault that is accessible and subject to the control of the court. (b) The officer shall keep…
(a) Except as provided by Section 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court of this state if the officer in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedure. (b) An officer shall execute a writ is…
An attorney who is not a party to a civil proceeding is not liable for payment of costs incurred by a party to the proceeding.
Suit may be brought in the name of this state alone on an official bond for the benefit of all the parties entitled to recover on the bond if: (1) the bond is made payable to this state or to an officer of this state; and (2) a recovery on the bond is authorized by or would inure to the benefit of parties other than th…
The state is exempt from the payment of the filing fee imposed by Section 51.701, Government Code.
If the state prevails in a lawsuit, the opposing party shall pay the entire amount of any filing fee attributable to the state, including any amount exempted under Section 8.01.
In this chapter: (1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, or intervenor, seeking recovery of damages. In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another perso…
(a) This chapter applies to an action in which a claimant seeks: (1) damages for personal injury, property damage, or death, regardless of the legal theories or statutes on the basis of which recovery is sought, including an action based on intentional conduct, negligence, strict tort liability, products liability (whe…
This chapter does not alter the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure.
This chapter does not apply to the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or to Chapter 21, Insurance Code.
The signing of a pleading as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry, the pleading is not: (1) groundless and brought in bad faith; (2) groundless and brought for the purpos…
(a) At the trial of the action or at any hearing inquiring into the facts and law of the action, after reasonable notice to the parties, the court may on its own motion, or shall on the motion of any party to the action, determine if a pleading has been signed in violation of any one of the standards prescribed by Sect…
(a) If the court imposes a sanction against an offending party under Section 9.012, the offending party is represented by an attorney who signed the pleading in violation of any one of the standards under Section 9.011, and the court finds that the attorney has consistently engaged in activity that results in sanctions…
(a) A general denial does not constitute a violation of any of the standards prescribed by Section 9.011. (b) The amount requested for damages in a pleading does not constitute a violation of any of the standards prescribed by Section 9.011.
The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry: (1) the pleading or motion is not being presented for any improper purpose, including to hara…
(a) A party may make a motion for sanctions, describing the specific conduct violating Section 10.001. (b) The court on its own initiative may enter an order describing the specific conduct that appears to violate Section 10.001 and direct the alleged violator to show cause why the conduct has not violated that section…