Title PR, Property Code

Sec. 22.045. CUMULATIVE REMEDIES. The remedy of removing improvements may be pleaded as an alternative to all other remedies at law or in equity. Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 23.001. PARTITION. A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Proc…

Sec. 23.002. VENUE AND JURISDICTION. (a) A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court of a county in which any part of the property is located. (b) A joint owner of perso…

Sec. 23.003. EFFECT ON FUTURE INTERESTS. A partition of real property involving an owner of a life estate or an estate for years and other owners of equal or greater estate does not prejudice the rights of an owner of a reversion or remainder interest. Acts 1983, 68th Leg., p. 35…

Sec. 23.004. EFFECT OF PARTITION. (a) A person allotted a share of or an interest in real property in a partition action holds the property or interest in severalty under the conditions and covenants that applied to the property prior to the partition. (b) A court decree confirmi…

Sec. 23.005. FEES. The judge of a court that hears an action to partition real property shall examine the report of the commissioners appointed to partition the property and shall determine from the report and from evidence submitted by the parties the complexity and difficulty o…

Sec. 23.006. ACCESS EASEMENT FOR PARTITIONED PROPERTY. (a) Unless waived by the parties in an action to partition property under this chapter, the commissioners appointed to partition property shall grant a nonexclusive access easement on a tract of partitioned property for the p…

Sec. 23A.001. SHORT TITLE. This chapter may be cited as the Uniform Partition of Heirs' Property Act. Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.

Sec. 23A.002. DEFINITIONS. In this chapter: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law of intestate…

Sec. 23A.003. APPLICABILITY; RELATION TO OTHER LAW. (a) In an action to partition real property under Chapter 23, the court shall determine whether the property is heirs' property. If the court determines that the property is heirs' property, the property must be partitioned unde…

Sec. 23A.004. SERVICE; NOTICE BY POSTING. (a) This chapter does not limit or affect the method by which service of a petition in a partition action may be made. (b) If the plaintiff in a partition action seeks citation by publication and the court determines that the property may…

Sec. 23A.005. COMMISSIONERS. If the court appoints commissioners under Rule 761, Texas Rules of Civil Procedure, each commissioner, in addition to the requirements and disqualifications applicable to commissioners under that rule, must be impartial and may not be a party to or a …

Sec. 23A.006. DETERMINATION OF VALUE. (a) Except as provided by Subsection (b) or (c), if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal …

Sec. 23A.007. COTENANT BUYOUT. (a) If any cotenant requested partition by sale, after the determination of value under Section 23A.006, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the…

Sec. 23A.008. PARTITION ALTERNATIVES. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under Section 23A.007, or if after conclusion of the buyout under Section 23A.007 a cotenant remains that has requested partition …

Sec. 23A.009. CONSIDERATIONS FOR PARTITION IN KIND. (a) In determining under Section 23A.008(a) whether partition in kind would result in substantial prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs' property practicably can be …

Sec. 23A.010. OPEN-MARKET SALE, SEALED BIDS, OR AUCTION. (a) If the court orders a sale of heirs' property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or at an auction would be more economically advantageous and in the best interest of …

Sec. 23A.011. REPORT OF OPEN-MARKET SALE. (a) Unless required to do so earlier by other law governing the partition of real property, a broker appointed under Section 23A.010(b) to offer heirs' property for open-market sale shall file a report with the court not later than the se…

Sec. 23A.012. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law based on the uniform act on…

Sec. 23A.013. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c…

Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand. (b) For the purposes of this chapter, a forcible entry…

Sec. 24.002. FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a subtenant wilfully and without force holding over after the termination of the tenant's right of possession;…

Sec. 24.003. SUBSTITUTION OF PARTIES. If a tenancy for a term expires while the tenant's suit for forcible entry is pending, the landlord may prosecute the suit in the tenant's name for the landlord's benefit and at the landlord's expense. It is immaterial whether the tenant rece…

Sec. 24.004. JURISDICTION; DISMISSAL. (a) Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in an eviction suit. Eviction suits include forcible entry and detainer and forcible detainer suits. A justice co…

Sec. 24.0041. VENUE. An eviction suit must be brought in the justice precinct in which the real property is located. Added by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 2, eff. January 1, 2026.

Sec. 24.0042. COMPUTATION OF TIME. A period of time prescribed by this chapter: (1) does not include the day of the event that begins the period; (2) includes Saturdays, Sundays, and state or federal holidays; (3) includes the last day of the period; and (4) if the last day of th…

Sec. 24.0043. AUTHORITY TO MODIFY OR SUSPEND EVICTION PROCEDURES. (a) Except as provided by Subsection (b) but notwithstanding any other law, only the legislature may modify or suspend procedures prescribed by this chapter. (b) This section does not affect the authority of the su…

Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' w…

Sec. 24.00505. PETITION. To initiate an eviction suit, a sworn petition must be filed with the court. The petition must include the contents required by the Texas Rules of Civil Procedure. Added by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 5, eff. January 1, 2026.

Sec. 24.00506. RULES OF COURT. (a) A court may adopt local rules, forms, or standing orders for eviction suits in accordance with the Texas Rules of Civil Procedure. (b) A court may not adopt local rules, forms, or standing orders for eviction suits that: (1) require content in o…

Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID RENT. (a) In a suit filed in justice court in which the landlord files a sworn petition seeking judgment against a tenant for possession of the premises and unpaid rent, personal service on the tenant or serv…

Sec. 24.005105. ELECTRONIC PROCEEDINGS. If the parties agree, a justice court may allow the parties in an eviction suit to appear at a court proceeding in the suit by videoconference, teleconference, or other available electronic means. Added by Acts 2025, 89th Leg., R.S., Ch. 96…

Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A landlord that files a sworn petition alleging a forcible entry and detainer under Section 24.00505 may include with the petition a sworn motion for summary disposition without trial. The motion must set out all supporting facts…

Sec. 24.005107. APPEAL TO COUNTY COURT. (a) A party may appeal the judgment of a justice court in an eviction suit by filing a bond, cash deposit, or statement of inability to afford payment of court costs with the justice court not later than the fifth day after the date the jud…

Sec. 24.00511. APPEAL BOND FOR CERTAIN EVICTION SUITS. (a) In a residential eviction suit, the justice court shall state in the court's judgment the amount of the appeal bond, taking into consideration the money required to be paid into the court registry under Section 24.0053. (…

Sec. 24.00512. CONTEST OF CERTAIN APPEAL BONDS. (a) This section does not apply to an appeal bond issued by a corporate surety authorized by the Texas Department of Insurance to engage in business in this state. (b) If a party appeals the judgment of a justice court in a resident…

Sec. 24.0052. TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS. (a) If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by the Texas Rules of Civil Procedure, the tenant may appeal the judgment…

Sec. 24.00521. CONTEST OF CERTAIN APPEAL BONDS IN COUNTY COURT. A contest under Section 24.00512 does not preclude a party from contesting the appeal bond in the county court after the county court has jurisdiction over the eviction suit. After the county court has jurisdiction o…

Sec. 24.0053. PAYMENT OF RENT DURING APPEAL OF EVICTION. (a) If the justice court enters judgment for the landlord in a residential eviction case, the court shall determine the amount of rent to be paid each rental pay period during the pendency of any appeal and shall note that …

Sec. 24.0054. TENANT'S FAILURE TO PAY RENT DURING APPEAL. (a) During an appeal of an eviction case, the justice court or county court, as applicable, on request shall immediately issue a writ of possession, without hearing, if a tenant fails to pay rent into the appropriate court…

Sec. 24.006. ATTORNEY'S FEES AND COSTS OF SUIT. (a) Except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, a landlord must give a tenant who is unlawfully retaining possession of the landlord's premises a written demand to vacate the …

Sec. 24.0061. WRIT OF POSSESSION. (a) A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. In this chapter, "premises" means: (1) a unit that is occupied or rented; and (2) any outside area or facility: (A)…

Sec. 24.0062. WAREHOUSEMAN'S LIEN. (a) If personal property is removed from a tenant's premises as the result of an action brought under this chapter and stored in a bonded or insured public warehouse, the warehouseman has a lien on the property to the extent of any reasonable st…

Sec. 24.007. APPEAL. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only. A judgment of a county court may not under any circumstances be stayed pending …

Sec. 24.008. EFFECT ON OTHER ACTIONS. An eviction suit does not bar a suit for trespass, damages, waste, rent, or mesne profits. Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Aug. 26, 1985; Acts 1997, 75t…

Sec. 24.011. NONLAWYER REPRESENTATION. (a) In an eviction suit in justice court, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys. (b) In an appeal of an eviction suit for nonpayment of rent in a county or district court…