CIVIL PRACTICE & REMEDIES CODE
CHAPTER 65. INJUNCTION
SUBCHAPTER A. GENERAL PROVISIONS
§ 65.001. APPLICATION OF EQUITY PRINCIPLES. The
principles governing courts of equity govern injunction
proceedings if not in conflict with this chapter or other law.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.002. RESTRAINING ORDER OR INJUNCTION AFFECTING
CUSTOMER OF FINANCIAL INSTITUTION. Service or delivery of a
restraining order or injunction affecting property held by a
financial institution in the name of or on behalf of a customer of
the financial institution is governed by Section 59.008, Finance
Code.
Added by Acts 1999, 76th Leg., ch. 344, § 7.006, eff. Sept. 1,
1999.
SUBCHAPTER B. AVAILABILITY OF REMEDY
§ 65.011. GROUNDS GENERALLY. A writ of injunction may
be granted if:
(1) the applicant is entitled to the relief demanded
and all or part of the relief requires the restraint of some act
prejudicial to the applicant;
(2) a party performs or is about to perform or is
procuring or allowing the performance of an act relating to the
subject of pending litigation, in violation of the rights of the
applicant, and the act would tend to render the judgment in that
litigation ineffectual;
(3) the applicant is entitled to a writ of injunction
under the principles of equity and the statutes of this state
relating to injunctions;
(4) a cloud would be placed on the title of real
property being sold under an execution against a party having no
interest in the real property subject to execution at the time of
sale, irrespective of any remedy at law; or
(5) irreparable injury to real or personal property is
threatened, irrespective of any remedy at law.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 3.17, eff. Sept. 1, 1987.
§ 65.012. OPERATION OF WELL OR MINE. (a) A court may
issue an injunction or temporary restraining order prohibiting
subsurface drilling or mining operations only if an adjacent
landowner filing an application claims that a wrongful act caused
injury to his surface or improvements or loss of or injury to his
minerals and if the party against whom the injunction is sought is
unable to respond in damages for the resulting injuries.
(b) To secure the payment of any injuries that may be
sustained by the complainant as a result of subsurface drilling or
mining operations, the party against whom an injunction is sought
under this section shall enter into a good and sufficient bond in an
amount fixed by the court hearing the application.
(c) The court may appoint a trustee or receiver instead of
requiring a bond if the court considers it necessary to protect the
interests involved in litigation concerning an injunction under
this section. The trustee or receiver has the powers prescribed by
the court and shall take charge of and hold the minerals produced
from the drilling or mining operation or the proceeds from the
disposition of those minerals, subject to the final disposition of
the litigation.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.013. STAY OF JUDGMENT OR PROCEEDING. An injunction
may not be granted to stay a judgment or proceeding at law except to
stay as much of the recovery or cause of action as the complainant
in his petition shows himself equitably entitled to be relieved
against and as much as will cover the costs.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.014. LIMITATIONS ON STAY OF EXECUTION OF
JUDGMENT. (a) Except as provided by Subsection (b), an
injunction to stay execution of a valid judgment may not be granted
more than one year after the date on which the judgment was rendered
unless:
(1) the application for the injunction has been
delayed because of fraud or false promises of the plaintiff in the
judgment practiced or made at the time of or after rendition of the
judgment; or
(2) an equitable matter or defense arises after the
rendition of the judgment.
(b) If the applicant for an injunction to stay execution of
a judgment was absent from the state when the judgment was rendered
and was unable to apply for the writ within one year after the date
of rendition, the injunction may be granted at any time within two
years after that date.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.015. CLOSING OF STREETS. An injunction may not be
granted to stay or prevent the governing body of an incorporated
city from vacating, abandoning, or closing a street or alley except
on the suit of a person:
(1) who is the owner or lessee of real property
abutting the part of the street or alley vacated, abandoned, or
closed; and
(2) whose damages have neither been ascertained and
paid in a condemnation suit by the city nor released.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.016. VIOLATION OF REVENUE LAW. At the instance of
the county or district attorney or the attorney general, a court by
injunction may prevent, prohibit, or restrain the violation of any
revenue law of this state.
Added by Acts 1989, 71st Leg., ch. 2, § 4.03(a), eff. Aug. 28,
1989.
SUBCHAPTER C. JURISDICTION OF PROCEEDINGS; VENUE
§ 65.021. JURISDICTION OF PROCEEDING. (a) The judge
of a district or county court in term or vacation shall hear and
determine applications for writs of injunction.
(b) This section does not limit injunction jurisdiction
granted by law to other courts.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.022. RETURN OF WRIT; HEARING BY NONRESIDENT
JUDGE. (a) Except as provided by this section, a writ of
injunction is returnable only to the court granting the writ.
(b) A district judge may grant a writ returnable to a court
other than his own if the resident judge refuses to act or cannot
hear and act on the application because of his absence, sickness,
inability, inaccessibility, or disqualification. Those facts must
be fully set out in the application or in an affidavit accompanying
the application. A judge who refuses to act shall note that refusal
and the reasons for refusal on the writ. A district judge may not
grant the writ if the application has been acted on by another
district judge.
(c) A district judge may grant a writ returnable to a court
other than his own to stay execution or restrain foreclosure, sale
under a deed of trust, trespass, removal of property, or an act
injurious to or impairing riparian or easement rights if
satisfactory proof is made to the nonresident judge that it is
impracticable for the applicant to reach the resident judge and
procure the action of the resident judge in time to put into effect
the purposes of the application.
(d) A district judge may grant a writ returnable to a court
other than his own if the resident judge cannot be reached by the
ordinary and available means of travel and communication in
sufficient time to put into effect the purpose of the writ sought.
In seeking a writ under this subsection, the applicant or attorney
for the applicant shall attach to the application an affidavit that
fully states the facts of the inaccessibility and the efforts made
to reach and communicate with the resident judge. The judge to whom
application is made shall refuse to hear the application unless he
determines that the applicant made fair and reasonable efforts to
reach and communicate with the resident judge. The injunction may
be dissolved on a showing that the applicant did not first make
reasonable efforts to procure a hearing on the application before
the resident judge.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 65.023. PLACE FOR TRIAL. (a) Except as provided by
Subsection (b), a writ of injunction against a party who is a
resident of this state shall be tried in a district or county court
in the county in which the party is domiciled. If the writ is
granted against more than one party, it may be tried in the proper
court of the county in which either party is domiciled.
(b) A writ of injunction granted to stay proceedings in a
suit or execution on a judgment must be tried in the court in which
the suit is pending or the judgment was rendered.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. INJUNCTION OBTAINED FOR PURPOSES OF DELAYING
COLLECTION OF MONEY
§ 65.031. DISSOLUTION; AWARD OF DAMAGES. If on final
hearing a court dissolves in whole or in part an injunction
enjoining the collection of money and the injunction was obtained
only for delay, the court may assess damages in an amount equal to
10 percent of the amount released by dissolution of the injunction,
exclusive of costs.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. APPLICANT'S BOND FOR TEMPORARY RESTRAINING ORDER OR
TEMPORARY INJUNCTION
§ 65.041. BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY
RESTRAINING ORDER FOR CERTAIN INDIGENT APPLICANTS. A court may not
require an applicant for a temporary restraining order to execute a
bond to the adverse party before the order may issue if:
(1) the applicant submits an affidavit that meets the
requirements of Section 65.043 to the court; and
(2) the court finds that the order is intended to
restrain the adverse party from foreclosing on the applicant's
residential homestead.
Added by Acts 1989, 71st Leg., ch. 391, § 1, eff. Aug. 28, 1989.
§ 65.042. BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY
INJUNCTION FOR CERTAIN INDIGENT APPLICANTS. (a) A court may not
require an applicant for a temporary injunction to execute a bond to
the adverse party before the injunction may issue if:
(1) the applicant submits an affidavit that meets the
requirements of Section 65.043 to the court; and
(2) the court finds that the injunction is intended to
enjoin the adverse party from foreclosing on the applicant's
residential homestead.
(b) If the affidavit submitted under Subsection (a)(1) is
contested under Section 65.044, the court may not issue a temporary
injunction unless the court finds that the applicant is financially
unable to execute the bond.
Added by Acts 1989, 71st Leg., ch. 391, § 1, eff. Aug. 28, 1989.
§ 65.043. AFFIDAVIT. (a) The affidavit must contain
complete information relating to each and every person liable for
the indebtedness secured by or with an ownership interest in the
residential homestead concerning the following matters:
(1) identity;
(2) income, including income from employment,
dividends, interest, and any other source other than from a
government entitlement;
(3) spouse's income, if known to the applicant;
(4) description and estimated value of real and
personal property, other than the applicant's homestead;
(5) cash and checking account;
(6) debts and monthly expenses;
(7) dependents; and
(8) any transfer to any person of money or other
property with a value in excess of $1,000 made within one year of
the affidavit without fair consideration.
(b) The affidavit must state: 'I am not financially able to
post a bond to cover any judgment against me in this case. All
financial information that I provided to the lender was true and
complete and contained no false statements or material omissions at
the time it was provided to the lender. Upon oath and under penalty
of perjury, the statements made in this affidavit are true.'
(c) In the event the applicant is married, both spouses must
execute the affidavit.
(d) The affidavit must be verified.
Added by Acts 1989, 71st Leg., ch. 391, § 1, eff. Aug. 28, 1989.
§ 65.044. CONTEST OF AFFIDAVIT. (a) A party may not
contest an affidavit filed by an applicant for a temporary
restraining order as provided by Section 65.041.
(b) A party may contest an affidavit filed by an applicant
for a temporary injunction as provided by Section 65.042:
(1) after service of a temporary restraining order in
the case; or
(2) if a temporary restraining order was not applied
for or issued, after service of notice of the hearing on the
application for the temporary injunction.
(c) A party contests an affidavit by filing a written motion
and giving notice to all parties of the motion in accordance with
Rule 21a of the Texas Rules of Civil Procedure.
(d) The court shall hear the contest at the hearing on the
application for a temporary injunction and determine whether the
applicant is financially able to execute a bond against the adverse
party as required by the Texas Rules of Civil Procedure. In making
its determination, the court may not consider:
(1) any income from a government entitlement that the
applicant receives; or
(2) the value of the applicant's residential
homestead.
(e) The court may order the applicant to post and file with
the clerk a bond as required by the Texas Rules of Civil Procedure
only if the court determines that the applicant is financially able
to execute the bond.
(f) An attorney who represents an applicant and who provides
legal services without charge to the applicant and without a
contractual agreement for payment contingent on any event may file
an affidavit with the court describing the financial nature of the
representation.
Added by Acts 1989, 71st Leg., ch. 391, § 1, eff. Aug. 28, 1989.
§ 65.045. CONFLICT WITH TEXAS RULES OF CIVIL
PROCEDURE. (a) To the extent that this subchapter conflicts with
the Texas Rules of Civil Procedure, this subchapter controls.
(b) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
subchapter.
(c) The district courts and statutory county courts in a
county may not adopt local rules in conflict with this subchapter.
Added by Acts 1989, 71st Leg., ch. 391, § 1, eff. Aug. 28, 1989.
