§ 64.001.Availability of Remedy
Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter A. General Provisions · Last amended 2025 · Last verified August 29, 2026
Full Text of § 64.001
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.