CHAPTER 65. INJUNCTION
CIVIL PRACTICE AND REMEDIES CODE
TITLE 3. EXTRAORDINARY REMEDIES
CHAPTER 65. INJUNCTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 7.006, eff. Sept. 1,
1999.
SUBCHAPTER B. AVAILABILITY OF REMEDY
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.17, eff. Sept.
1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 4.03(a), eff. Aug. 28,
1989.
Sec. 65.017. CIGARETTE SELLER, DISTRIBUTOR, OR MANUFACTURER. In
addition to any other remedy provided by law, a person may bring
an action in good faith for appropriate injunctive relief if the
person sells, distributes, or manufactures cigarettes and
sustains a direct economic or commercial injury as a result of a
violation of:
(1) Section 48.015, Penal Code; or
(2) Section 154.0415, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.12, eff. April 1, 2009.
SUBCHAPTER C. JURISDICTION OF PROCEEDINGS; VENUE
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. INJUNCTION OBTAINED FOR PURPOSES OF DELAYING
COLLECTION OF MONEY
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER E. APPLICANTS BOND FOR TEMPORARY RESTRAINING ORDER OR
TEMPORARY INJUNCTION
Sec. 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, Sec. 1, eff. Aug. 28,
1989.
Sec. 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, Sec. 1, eff. Aug. 28,
1989.
Sec. 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, Sec. 1, eff. Aug. 28,
1989.
Sec. 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, Sec. 1, eff. Aug. 28,
1989.
Sec. 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, Sec. 1, eff. Aug. 28,
1989.