Tex. Occ. Code § 1101.607 · Subchapter M. REAL ESTATE RECOVERY TRUST ACCOUNT
ISSUES AT HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
At the hearing on the application for payment from the trust account, the aggrieved person must show:
(1) that the judgment is based on facts allowing recovery under this subchapter;
(2) that the person is not:
(A) the spouse of the judgment debtor or the personal representative of the spouse;
(B) a license or certificate holder who is seeking to recover compensation, including a commission, in the real estate transaction that is the subject of the application for payment; or
(C) related to the judgment debtor within the first degree by consanguinity;
(3) that, according to the best information available, the judgment debtor does not have sufficient attachable assets in this or another state to satisfy the judgment;
(4) the amount that may be realized from the sale of assets liable to be sold or applied to satisfy the judgment; and
(5) the balance remaining due on the judgment after application of the amount under Subdivision (4).
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(b), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 64, eff. January 1, 2016.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1101.htm
- Text hash
- sha256 4653df825aacaef02d65c863554947d8d145263f2044dad763e37376742f3902
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Occ. Code § 1101.607. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.