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§ 64.001.Availability of Remedy

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter A. General Provisions · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 64.001 lists the actions in which a receiver may be appointed, with added conditions for creditor and mortgage cases and a separate route for a missing person’s estate.

Full Text of § 64.001

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

(a)A court of competent jurisdiction may appoint a receiver:
(1)in an action by a vendor to vacate a fraudulent purchase of property;
(2)in an action by a creditor to subject any property or fund to the creditor's claim;
(3)in an action between partners or others jointly owning or interested in any property or fund;
(4)in an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property;
(5)for a corporation that is insolvent, is in imminent danger of insolvency, has been dissolved, or has forfeited its corporate rights;
(6)for a single-source continuum contractor as provided by Subchapter B-2, Chapter 264, Family Code;
(6)in an action by the attorney general under Subchapter H, Chapter 5, Property Code; or
(7)in any other case in which a receiver may be appointed under the rules of equity.
(b)Under Subsection (a)(1), (2), or (3), the receiver may be appointed on the application of the plaintiff in the action or another party. The party must have a probable interest in or right to the property or fund, and the property or fund must be in danger of being lost, removed, or materially injured.
(c)Under Subsection (a)(4), the court may appoint a receiver only if:
(1)it appears that the mortgaged property is in danger of being lost, removed, or materially injured; or
(2)the condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt.
(d)A court having family law jurisdiction or a probate court located in the county in which a missing person, as defined by Article 63.001, Code of Criminal Procedure, resides or, if the missing person is not a resident of this state, located in the county in which the majority of the property of a missing person's estate is located may, on the court's own motion or on the application of an interested party, appoint a receiver for the missing person if:
(1)it appears that the estate of the missing person is in danger of injury, loss, or waste; and
(2)the estate of the missing person is in need of a representative.
End

Plain-English Summary

The availability provision, and it ends with a clause that keeps the list from being a limit.

A court of competent jurisdiction may appoint a receiver in an action by a vendor to vacate a fraudulent purchase; by a creditor to subject property or a fund to the creditor’s claim; between partners or others jointly owning or interested in property or a fund; by a mortgagee for foreclosure and sale; for an insolvent corporation, one in imminent danger of insolvency, dissolved, or having forfeited its corporate rights; and in any other case in which a receiver may be appointed under the rules of equity.

That last item is the widest. The enumerated cases are the familiar ones; equity supplies the rest, which is why receiverships appear in contexts the list never mentions.

The subdivision numbered (6) appears TWICE, and both texts are law. Two 2025 bills each added a subdivision to the list without accounting for the other — one for a single-source continuum contractor under the Family Code, the other for an action by the attorney general under the Property Code. The code prints both and labels each as separately added.

Subsections (b) and (c) attach conditions to four of the grounds.

For the vendor, creditor and joint-ownership cases, the applicant must have a probable interest in or right to the property and the property must be in danger of being lost, removed, or materially injured.

For the mortgagee case, a receiver may be appointed only if the property is in danger of being lost, removed, or materially injured, or the condition of the mortgage has not been performed and the property is probably insufficient to discharge the debt.

Subsection (d) is a different remedy in the same section. A family law or probate court may appoint a receiver for a missing person where the estate is in danger of injury, loss, or waste and is in need of a representative — with its own subchapter of procedure.

Frequently Asked Questions

When can a receiver be appointed in Texas?

In vendor, creditor, joint-ownership, mortgage foreclosure and corporate insolvency actions, for a missing person’s estate, and in any other case where equity permits.

Why are there two subdivisions numbered (6)?

Two 2025 bills each added one without accounting for the other, and the code prints both.

What must a creditor show?

A probable interest in or right to the property, and that the property is in danger of being lost, removed or materially injured.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1376, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1081, Sec. 1, 3, eff. Sept. 1, 1999.
  • Amended by:
  • Acts 2025, 89th Leg., R.S., Ch. 73 (S.B. 2034), Sec. 1, eff. May 19, 2025.
  • Acts 2025, 89th Leg., R.S., Ch. 956 (S.B. 17), Sec. 2, eff. September 1, 2025.
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