§ 37.001.Definition
Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 37. Declaratory Judgments · Last amended 1985 · Last verified August 29, 2026
Full Text of § 37.001
Plain-English Summary
One definition, drawn wide, and its breadth is what lets the chapter work.
"Person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character.
Everything the chapter offers runs to a "person" — the right to have a question of construction or validity determined, the right to obtain a declaration of rights, and the entitlement to be joined where an interest would be affected.
So a narrow definition would have narrowed the whole act.
The unincorporated association is the notable inclusion. A club, a church congregation, a union local or a homeowners’ group has no separate legal existence at common law, and without this such a body could not seek a declaration in its own name.
"Municipal or other corporation of any character" reaches governmental bodies. A city facing a question about the validity of its own ordinance is a person for this chapter, as is any other public corporation.
"Of any character" is the phrase that closes the list. Public or private, for profit or not, domestic or foreign — the form of the corporation does not matter.
The list reads as of its date. A joint-stock company is an old unincorporated form, and a "society" is the language of an earlier century — but the drafting is inclusive rather than exhaustive in effect, and the newer forms fall within it.
Note who is not defined: the state itself. Whether the state can be made a defendant in a declaratory action is a question of immunity rather than of this definition.
Frequently Asked Questions
Who can seek a declaratory judgment?
A person — defined to include individuals, partnerships, joint-stock companies, unincorporated associations or societies, and municipal or other corporations of any character.
Can an unincorporated association sue?
Yes. It is expressly included, which matters because such bodies have no separate legal existence at common law.
Does it cover cities?
Yes. Municipal and other corporations of any character are included.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.