Title PR, Property Code

Sec. 26.005. OWNERSHIP AFTER DEATH OF INDIVIDUAL. (a) If the ownership of the property right of an individual has not been transferred at or before the death of the individual, the property right vests as follows: (1) if there is a surviving spouse but there are no surviving chil…

Sec. 26.006. REGISTRATION OF CLAIM. (a) A person who claims to own a property right may register that claim with the secretary of state. (b) The secretary of state shall provide a form for registration of a claim under this section. The form must be verified and must include: (1)…

Sec. 26.007. EFFECT OF REGISTRATION. (a) Registration of a claim is prima facie evidence of a valid claim to a property right. (b) A registered claim is superior to a conflicting, unregistered claim unless a court invalidates the registered claim. Added by Acts 1987, 70th Leg., c…

Sec. 26.008. EXERCISE OF OWNERSHIP FOR FIRST YEAR FOLLOWING DEATH OF INDIVIDUAL. (a) Except as provided by Subsection (b), for the first year following the death of the individual a property right may be exercised, if authorized by law or an appointing court, by the following per…

Sec. 26.009. EXERCISE OF OWNERSHIP AFTER FIRST YEAR FOLLOWING DEATH OF INDIVIDUAL. After the first year following the death of the individual, an owner of a property right may exercise that right whether or not the owner has registered a claim as provided by Section 26.006. Added…

Sec. 26.010. TERMINATION. A property right expires on the first anniversary of the date of death of the individual if: (1) the individual has not transferred the right; and (2) a surviving person under Section 26.005 does not exist. Added by Acts 1987, 70th Leg., ch. 152, Sec. 1,…

Sec. 26.011. UNAUTHORIZED USES. Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a deceased individual's name, voice, signature, photograph, or likeness in any manner, including: (1) in connec…

Sec. 26.012. PERMITTED USES. (a) A person may use a deceased individual's name, voice, signature, photograph, or likeness in: (1) a play, book, film, radio program, or television program; (2) a magazine or newspaper article; (3) material that is primarily of political or newswort…

Sec. 26.013. LIABILITY FOR UNAUTHORIZED USE. (a) A person who uses a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this chapter is liable to the person who owns the property right for: (1) the amount of any damages sustained, …

Sec. 26.014. OTHER RIGHTS NOT AFFECTED. This chapter does not affect a right an individual may have in the use of the individual's name, voice, signature, photograph, or likeness before the death of the individual. Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 198…

Sec. 26.015. DEFENSES TO LIABILITY. A person shall not be liable for damages under this chapter if he has acted in reliance on the results of a probate proceeding governing the estate of the deceased personality in question. Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Se…