State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-3-extraordinary-remedies > Chapter-66-quo-warranto
CIVIL PRACTICE AND REMEDIES CODE
TITLE 3. EXTRAORDINARY REMEDIES
CHAPTER 66. QUO WARRANTO
Sec. 66.001. GROUNDS. An action in the nature of quo warranto
is available if:
(1) a person usurps, intrudes into, or unlawfully holds or
executes a franchise or an office, including an office in a
corporation created by the authority of this state;
(2) a public officer does an act or allows an act that by law
causes a forfeiture of his office;
(3) an association of persons acts as a corporation without
being legally incorporated;
(4) a corporation does or omits an act that requires a surrender
or causes a forfeiture of its rights and privileges as a
corporation;
(5) a corporation exercises power not granted by law;
(6) a railroad company charges an extortionate rate for
transportation of freight or passengers; or
(7) a railroad company unlawfully refuses to move over its lines
the cars of another railroad company.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.002. INITIATION OF SUIT. (a) If grounds for the remedy
exist, the attorney general or the county or district attorney of
the proper county may petition the district court of the proper
county or a district judge if the court is in vacation for leave
to file an information in the nature of quo warranto.
(b) The petition must state that the information is sought in
the name of the State of Texas.
(c) The attorney general or county or district attorney may file
the petition on his own motion or at the request of an individual
relator.
(d) If there is probable ground for the proceeding, the judge
shall grant leave to file the information, order the information
to be filed, and order process to be issued.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.003. JUDGMENT. If the person against whom the
information is filed is found guilty as charged, the court:
(1) shall enter judgment removing the person from the office or
franchise;
(2) shall enter judgment for the costs of prosecution in favor
of the relator; and
(3) may fine the person for usurping, intruding into, or
unlawfully holding and executing the office or franchise.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-3-extraordinary-remedies > Chapter-66-quo-warranto
CIVIL PRACTICE AND REMEDIES CODE
TITLE 3. EXTRAORDINARY REMEDIES
CHAPTER 66. QUO WARRANTO
Sec. 66.001. GROUNDS. An action in the nature of quo warranto
is available if:
(1) a person usurps, intrudes into, or unlawfully holds or
executes a franchise or an office, including an office in a
corporation created by the authority of this state;
(2) a public officer does an act or allows an act that by law
causes a forfeiture of his office;
(3) an association of persons acts as a corporation without
being legally incorporated;
(4) a corporation does or omits an act that requires a surrender
or causes a forfeiture of its rights and privileges as a
corporation;
(5) a corporation exercises power not granted by law;
(6) a railroad company charges an extortionate rate for
transportation of freight or passengers; or
(7) a railroad company unlawfully refuses to move over its lines
the cars of another railroad company.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.002. INITIATION OF SUIT. (a) If grounds for the remedy
exist, the attorney general or the county or district attorney of
the proper county may petition the district court of the proper
county or a district judge if the court is in vacation for leave
to file an information in the nature of quo warranto.
(b) The petition must state that the information is sought in
the name of the State of Texas.
(c) The attorney general or county or district attorney may file
the petition on his own motion or at the request of an individual
relator.
(d) If there is probable ground for the proceeding, the judge
shall grant leave to file the information, order the information
to be filed, and order process to be issued.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.003. JUDGMENT. If the person against whom the
information is filed is found guilty as charged, the court:
(1) shall enter judgment removing the person from the office or
franchise;
(2) shall enter judgment for the costs of prosecution in favor
of the relator; and
(3) may fine the person for usurping, intruding into, or
unlawfully holding and executing the office or franchise.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
State Codes and Statutes
Statutes >
Texas >
Civil-practice-and-remedies-code >
Title-3-extraordinary-remedies >
Chapter-66-quo-warranto CIVIL PRACTICE AND REMEDIES CODE
TITLE 3. EXTRAORDINARY REMEDIES
CHAPTER 66. QUO WARRANTO
Sec. 66.001. GROUNDS. An action in the nature of quo warranto
is available if:
(1) a person usurps, intrudes into, or unlawfully holds or
executes a franchise or an office, including an office in a
corporation created by the authority of this state;
(2) a public officer does an act or allows an act that by law
causes a forfeiture of his office;
(3) an association of persons acts as a corporation without
being legally incorporated;
(4) a corporation does or omits an act that requires a surrender
or causes a forfeiture of its rights and privileges as a
corporation;
(5) a corporation exercises power not granted by law;
(6) a railroad company charges an extortionate rate for
transportation of freight or passengers; or
(7) a railroad company unlawfully refuses to move over its lines
the cars of another railroad company.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.002. INITIATION OF SUIT. (a) If grounds for the remedy
exist, the attorney general or the county or district attorney of
the proper county may petition the district court of the proper
county or a district judge if the court is in vacation for leave
to file an information in the nature of quo warranto.
(b) The petition must state that the information is sought in
the name of the State of Texas.
(c) The attorney general or county or district attorney may file
the petition on his own motion or at the request of an individual
relator.
(d) If there is probable ground for the proceeding, the judge
shall grant leave to file the information, order the information
to be filed, and order process to be issued.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.003. JUDGMENT. If the person against whom the
information is filed is found guilty as charged, the court:
(1) shall enter judgment removing the person from the office or
franchise;
(2) shall enter judgment for the costs of prosecution in favor
of the relator; and
(3) may fine the person for usurping, intruding into, or
unlawfully holding and executing the office or franchise.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
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