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Tex. Civ. Prac. & Rem. Code § 66.001

GROUNDS

Applied in 22 court decisions — leading case Save Our Springs Alliance, Inc. v. Lazy Nine Municipal Utility District Ex Rel. Board of Directors (2006)

Most recently applied in State v. David B. Wilson (March 2016)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

198920002010201640
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.