Law:Title 3. Extraordinary Remedies from Chapter 66. Quo Warranto (Texas)

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Contents

Chapter 66. Quo Warranto

Section  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.



Section  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.



Section  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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