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Texas Civil Practice and Remedies Code

§ 65.042 — BOND NOT REQUIRED FOR ISSUANCE OF TEMPORARY INJUNCTION FOR CERTAIN INDIGENT APPLICANTS

CP § 65.042Title 3. EXTRAORDINARY REMEDIES · Ch. 65. INJUNCTION · Art. E. APPLICANT'S BOND FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION

Statute text

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(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.

Legislative history

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

Source: Texas Civil Practice and Remedies Code § 65.042 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.