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§ 64.004.Application of Equity Rules

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter A. General Provisions · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 64.004 makes the rules of equity govern the appointment, powers, duties and liabilities of a receiver unless inconsistent with this chapter or other general law.

Full Text of § 64.004

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Unless inconsistent with this chapter or other general law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver.
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Plain-English Summary

One sentence importing the doctrine the chapter is built on.

Unless inconsistent with this chapter or other general law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver.

The reach is deliberately total. Appointment, powers, duties, liabilities, and the court’s own authority — every aspect of a receivership.

Receivership is an equitable creature. It has no counterpart at common law, and it developed entirely in the chancery courts as a way of preserving property nobody could safely be left to hold.

The chapter reflects that origin by regulating rather than defining. It says who may be appointed, what bond is required, how claims rank and how a corporate receivership ends — and leaves what a receivership is to equity.

The availability section makes the same deference explicit, listing as a ground any case in which a receiver may be appointed under the rules of equity.

What equity supplies is substantial. That receivership is an extraordinary remedy, available only where no lesser measure will serve; that it is ancillary rather than a cause of action in itself; and the standards by which a receiver’s conduct is judged.

The priority clause covers "other general law" as well as this chapter, which is wider than the injunction chapter’s equivalent and matters because receiverships are authorised by statutes scattered across the codes.

A practitioner working from the chapter alone will find the mechanics and not the principles.

Frequently Asked Questions

What law governs a receivership?

The rules of equity, unless inconsistent with this chapter or other general law.

Where are the standards for appointing a receiver?

In equity. The chapter regulates qualifications, bond, powers and claims rather than defining the remedy.

Is a receivership a cause of action?

No. Equity treats it as an ancillary remedy, available where no lesser measure will serve.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
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