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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.

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.

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."

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;

(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.

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.

may not adopt local rules in conflict with this subchapter.

Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28,

1989.