Texas § CP.64.001 - AVAILABILITY OF REMEDY

§ CP.64.001. AVAILABILITY OF REMEDY

AVAILABILITY OF REMEDY. (a) A court of competent jurisdiction may appoint a receiver: (1) in an action by a vendor to vacate a fraudulent purchase of property; (2) in an action by a creditor to subject any property or fund to the creditor's claim; (3) in an action between partners or others jointly owning or interested in any property or fund; (4) in an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property; (5) for a corporation that is insolvent, is in imminent danger of insolvency, has been dissolved, or has forfeited its corporate rights; Text of subdivision as added by Acts 2025, 89th Leg., R.S, Ch. 73 (S.B. 2034 ), Sec. 1 (6) for a single-source continuum contractor as provided by Subchapter B-2 , Chapter 264 , Family Code; Text of subdivision as added by Acts 2025, 89th Leg., R.S. Ch. 956 (S.B. 17 ), Sec. 2 (6) in an action by the attorney general under Subchapter H , Chapter 5 , Property Code; or (7) in any other case in which a receiver may be appointed under the rules of equity. (b) Under Subsection (a)(1), (2), or (3), the receiver may be appointed on the application of the plaintiff in the action or another party. The party must have a probable interest in or right to the property or fund, and the property or fund must be in danger of being lost, removed, or materially injured. (c) Under Subsection (a)(4), the court may appoint a receiver only if: (1) it appears that the mortgaged property is in danger of being lost, removed, or materially injured; or (2) the condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt. (d) A court having family law jurisdiction or a probate court located in the county in which a missing person, as defined by Article 63.001 , Code of Criminal Procedure, resides or, if the missing person is not a resident of this state, located in the county in which the majority of the property of a missing person's estate is located may, on the court's own motion or on the application of an interested party, appoint a receiver for the missing person if: (1) it appears that the estate of the missing person is in danger of injury, loss, or waste; and (2) the estate of the missing person is in need of a representative. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1376, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1081, Sec. 1, 3, eff. Sept. 1, 1999. Amended by: Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034 ), Sec. 1, eff. May 19, 2025. Acts 2025, 89th Leg., R.S., Ch. 956 (S.B. 17 ), Sec. 2, eff. September 1, 2025.