CHAPTER 37. DECLARATORY JUDGMENTS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
CHAPTER 37. DECLARATORY JUDGMENTS
Sec. 37.001. DEFINITION. In this chapter, "person" means an
individual, partnership, joint-stock company, unincorporated
association or society, or municipal or other corporation of any
character.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.002. SHORT TITLE, CONSTRUCTION, INTERPRETATION. (a)
This chapter may be cited as the Uniform Declaratory Judgments
Act.
(b) This chapter is remedial; its purpose is to settle and to
afford relief from uncertainty and insecurity with respect to
rights, status, and other legal relations; and it is to be
liberally construed and administered.
(c) This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those
states that enact it and to harmonize, as far as possible, with
federal laws and regulations on the subject of declaratory
judgments and decrees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.003. POWER OF COURTS TO RENDER JUDGMENT; FORM AND
EFFECT. (a) A court of record within its jurisdiction has power
to declare rights, status, and other legal relations whether or
not further relief is or could be claimed. An action or
proceeding is not open to objection on the ground that a
declaratory judgment or decree is prayed for.
(b) The declaration may be either affirmative or negative in
form and effect, and the declaration has the force and effect of
a final judgment or decree.
(c) The enumerations in Sections 37.004 and 37.005 do not limit
or restrict the exercise of the general powers conferred in this
section in any proceeding in which declaratory relief is sought
and a judgment or decree will terminate the controversy or remove
an uncertainty.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.004. SUBJECT MATTER OF RELIEF. (a) A person interested
under a deed, will, written contract, or other writings
constituting a contract or whose rights, status, or other legal
relations are affected by a statute, municipal ordinance,
contract, or franchise may have determined any question of
construction or validity arising under the instrument, statute,
ordinance, contract, or franchise and obtain a declaration of
rights, status, or other legal relations thereunder.
(b) A contract may be construed either before or after there has
been a breach.
(c) Notwithstanding Section 22.001, Property Code, a person
described by Subsection (a) may obtain a determination under this
chapter when the sole issue concerning title to real property is
the determination of the proper boundary line between adjoining
properties.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
305, Sec. 1, eff. June 15, 2007.
Sec. 37.005. DECLARATIONS RELATING TO TRUST OR ESTATE. A person
interested as or through an executor or administrator, including
an independent executor or administrator, a trustee, guardian,
other fiduciary, creditor, devisee, legatee, heir, next of kin,
or cestui que trust in the administration of a trust or of the
estate of a decedent, an infant, mentally incapacitated person,
or insolvent may have a declaration of rights or legal relations
in respect to the trust or estate:
(1) to ascertain any class of creditors, devisees, legatees,
heirs, next of kin, or others;
(2) to direct the executors, administrators, or trustees to do
or abstain from doing any particular act in their fiduciary
capacity;
(3) to determine any question arising in the administration of
the trust or estate, including questions of construction of wills
and other writings; or
(4) to determine rights or legal relations of an independent
executor or independent administrator regarding fiduciary fees
and the settling of accounts.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.08(a), eff.
Sept. 1, 1987; Acts 1999, 76th Leg., ch. 855, Sec. 10, eff. Sept.
1, 1999.
Sec. 37.0055. DECLARATIONS RELATING TO LIABILITY FOR SALES AND
USE TAXES OF ANOTHER STATE. (a) In this section, "state"
includes any political subdivision of that state.
(b) A district court has original jurisdiction of a proceeding
seeking a declaratory judgment that involves:
(1) a party seeking declaratory relief that is a business that
is:
(A) organized under the laws of this state or is otherwise owned
by a resident of this state; or
(B) a retailer registered with the comptroller under Section
151.106, Tax Code; and
(2) a responding party that:
(A) is an official of another state; and
(B) asserts a claim that the party seeking declaratory relief is
required to collect sales or use taxes for that state based on
conduct of the business that occurs in whole or in part within
this state.
(c) A business described by Subsection (b)(1) is entitled to
declaratory relief on the issue of whether the requirement of
another state that the business collect and remit sales or use
taxes to that state constitutes an undue burden on interstate
commerce under Section 8, Article I, United States Constitution.
(d) In determining whether to grant declaratory relief to a
business under this section, a court shall consider:
(1) the factual circumstances of the business's operations that
give rise to the demand by the other state; and
(2) the decisions of other courts interpreting Section 8,
Article I, United States Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
699, Sec. 1, eff. September 1, 2007.
Sec. 37.006. PARTIES. (a) When declaratory relief is sought,
all persons who have or claim any interest that would be affected
by the declaration must be made parties. A declaration does not
prejudice the rights of a person not a party to the proceeding.
(b) In any proceeding that involves the validity of a municipal
ordinance or franchise, the municipality must be made a party and
is entitled to be heard, and if the statute, ordinance, or
franchise is alleged to be unconstitutional, the attorney general
of the state must also be served with a copy of the proceeding
and is entitled to be heard.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.007. JURY TRIAL. If a proceeding under this chapter
involves the determination of an issue of fact, the issue may be
tried and determined in the same manner as issues of fact are
tried and determined in other civil actions in the court in which
the proceeding is pending.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.008. COURT REFUSAL TO RENDER. The court may refuse to
render or enter a declaratory judgment or decree if the judgment
or decree would not terminate the uncertainty or controversy
giving rise to the proceeding.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.009. COSTS. In any proceeding under this chapter, the
court may award costs and reasonable and necessary attorney's
fees as are equitable and just.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.010. REVIEW. All orders, judgments, and decrees under
this chapter may be reviewed as other orders, judgments, and
decrees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 37.011. SUPPLEMENTAL RELIEF. Further relief based on a
declaratory judgment or decree may be granted whenever necessary
or proper. The application must be by petition to a court having
jurisdiction to grant the relief. If the application is deemed
sufficient, the court shall, on reasonable notice, require any
adverse party whose rights have been adjudicated by the
declaratory judgment or decree to show cause why further relief
should not be granted forthwith.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.