§ 64.003.Foreign Appointment

A jurisdictional assertion, and its second limb is the broader one.

A court outside this state may not appoint a receiver for a person who resides in this state and for whom appointment of a receiver has been applied for in this state, or for property located in this state.

The first limb is conditional on a competing Texas application — it addresses the race between two courts, and gives priority to the proceeding here.

The second is unconditional. No foreign court may appoint a receiver for property in Texas, whether or not anyone has applied here.

The claim rests on where the property is. A receivership operates on assets, and a court’s power over assets has always followed their location.

The provision is a statement about what Texas courts will recognise rather than a command another state’s court would obey. A Missouri court can enter whatever order it likes; the question this answers is what effect it has here.

The residence requirement elsewhere in the chapter works with this. A receiver for property in Texas must be a Texas citizen, qualified voter, and actual resident throughout — which is difficult to satisfy from a foreign appointment.

The practical route for an out-of-state receiver is an ancillary proceeding here, in which a Texas court appoints over the Texas property, rather than an attempt to extend the foreign order.

Note that this is not a rule about recognising foreign judgments generally — a receivership is an ongoing administration rather than a judgment, and this section addresses that specific problem.