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§ 126.004.Powers and Duties

Title 6. Miscellaneous Provisions · Chapter 126. Local Religious Congregations · Subchapter A. Receivership for Local Religious Congregation · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 126.004 has the receiver administer the property for the congregation’s best interests, sell it where necessary, and direct the proceeds to a congregation of like faith where revival is not possible.

Full Text of § 126.004

Text sizeJump to: (a) (b) (c)

(a)The receiver shall take charge of all property belonging to the religious congregation and administer that property under the direction of the court for the best interests of the religious congregation.
(b)If necessary to preserve the property, the receiver may sell it under order of the court.
(c)The court shall order the public or private sale of property belonging to a religious congregation that may not be revived or reorganized within a reasonable time. The proceeds of the sale shall be delivered to the receiver, who shall use them for a religious congregation of like faith.
End

Plain-English Summary

The powers, in three subsections that move from preservation to disposal.

The receiver shall take charge of all property belonging to the religious congregation and administer that property under the direction of the court for the best interests of the religious congregation.

The standard is the congregation’s best interests, not the receiver’s judgment, and everything is done under the direction of the court — so the receiver is an officer of the court rather than a substitute for the congregation’s own governance.

If necessary to preserve the property, the receiver may sell it under order of the court.

Selling to preserve sounds contradictory until the situation is pictured. An empty building deteriorates, taxes accrue, insurance lapses; converting it to money can be what saves the value.

Subsection (c) addresses the case where there is nothing left to revive. The court shall order the public or private sale of property belonging to a religious congregation that may not be revived or reorganized within a reasonable time.

Note that the duty here is the court’s, and it is mandatory. The receiver sells to preserve; the court orders sale where the congregation is beyond recovery.

"Public or private sale" leaves the method open, which allows a sale to a neighbouring congregation without an auction.

The proceeds are delivered to the receiver, who shall use them for a religious congregation of like faith.

That last direction is the chapter’s purpose in one clause. Property given for religious use stays in religious use of the same tradition rather than reverting to donors or escheating to the state.

Frequently Asked Questions

What does the receiver do?

Takes charge of the congregation’s property and administers it under the court’s direction for the congregation’s best interests.

Can the property be sold?

Yes — by the receiver where necessary to preserve it, and by court order where the congregation cannot be revived or reorganized within a reasonable time.

Where do the proceeds go?

To the receiver, who must use them for a religious congregation of like faith.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 937, Sec. 1, eff. Aug. 31, 1987.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source