CHAPTER 66. QUO WARRANTO - Texas Statutes

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.