Texas § BC.15.16 - DECLARATORY JUDGMENT ACTION
Full text of Texas The Texas Constitution § BC.15.16 — DECLARATORY JUDGMENT ACTION, with citation guidance and answers to common questions.
§ BC.15.16. DECLARATORY JUDGMENT ACTION
DECLARATORY JUDGMENT ACTION. (a) A person (other than a foreign corporation not having a permit or certificate of authority to do business in this state) uncertain of whether or not his or her action or proposed action violates or will violate the prohibitions contained in Section 15.05 of this Act may file suit against the state for declaratory judgment, citing this section as authority, in one of the Travis County district courts. (b) Citation and all process in the suit shall be served on the attorney general, who shall represent the state. The petition shall describe in detail the person's action or proposed action and all other relevant facts, and the court in its declaratory judgment shall fully recite the action or proposed action and other facts considered. (c) A declaratory judgment granted under this section which rules that action or proposed action does not violate the prohibitions contained in Section 15.05 of this Act: (1) shall be strictly construed and may not be extended by implication to an action or fact not recited in the judgment; (2) does not bind the state with reference to a person not a party to the suit in which the judgment was granted; and (3) does not estop the state from subsequently establishing a violation of the prohibitions contained in Section 15.05 of this Act based on an action or fact not recited in the declaratory judgment, which action or fact, when combined with an action or fact recited in the judgment, constitutes a violation of the prohibitions contained in Section 15.05 of this Act. (d) A person filing suit under this section shall pay all costs of the suit. Amended by Acts 1983, 68th Leg., p. 3019, ch. 519, Sec. 2, eff. Aug. 29, 1983. SUBCHAPTER C. ENFORCEMENT
Frequently Asked Questions About Texas § BC.15.16
What does The Texas Constitution § BC.15.16 cover?
Section BC.15.16 ("DECLARATORY JUDGMENT ACTION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § BC.15.16?
A common citation format is "The Texas Constitution § BC.15.16" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § BC.15.16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.