Tex. Civ. Prac. & Rem. Code § 65.044 · Subchapter E. APPLICANT'S BOND FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION
CONTEST OF AFFIDAVIT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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; or
(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.
(c) A party contests an affidavit by filing a written motion and 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.
Notes and commentary — not statutory text
History
Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.65.htm
- Text hash
- sha256 c003b1233af15419fa3ce9f8350cf952f7c75d788fc63de358debc2dec0f6b32
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 65.041BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER FOR CERTAIN INDIGENT APPLICANTS.Printed as Section 65.041
- Tex. Civ. Prac. & Rem. Code § 65.042BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY INJUNCTION FOR CERTAIN INDIGENT APPLICANTS.Printed as Section 65.042
Cited by 1 provision
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 65.044. Each shows the citation as that text prints it.
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