RulesofCivilProcedure.com Civil Procedure · Every State

§ 64.031.General Powers and Duties

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter C. Powers and Duties · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 64.031 gives a receiver, subject to the court’s control, power to take and keep possession, receive rents, collect and compromise demands, make transfers and act as authorized.

Full Text of § 64.031

Text size

Subject to the control of the court, a receiver may:
(1)take charge and keep possession of the property;
(2)receive rents;
(3)collect and compromise demands;
(4)make transfers; and
(5)perform other acts in regard to the property as authorized by the court.
End

Plain-English Summary

The general powers, and the opening words govern all of them.

Subject to the control of the court, a receiver may take charge and keep possession of the property; receive rents; collect and compromise demands; make transfers; and perform other acts in regard to the property as authorized by the court.

"Subject to the control of the court" is not a formality. A receiver is an officer of the court exercising the court’s authority over property, and the powers are held on that footing throughout.

Taking charge and keeping possession is the foundational power, and it is what distinguishes a receivership from every lesser remedy — the property leaves the owner’s hands.

Receiving rents keeps an income-producing asset producing income while the case is decided, which is often the reason for the appointment.

"Collect and compromise demands" is the widest of the five. A receiver may pursue money owed to the estate and settle those claims — exercising judgment about what a debt is worth, which is a considerable delegation.

"Make transfers" allows the receiver to convey, which is what makes a receivership useful for realising assets rather than merely holding them.

The fifth item is open-ended by design: other acts as authorized by the court.

That is how a receivership adapts to what it is administering. Running a business, completing a construction project, or operating a railroad requires powers no general list could anticipate, and the court supplies them case by case.

The mineral and missing person subchapters do exactly that in statute, granting specific powers the general section does not.

Frequently Asked Questions

What can a receiver do?

Take charge and keep possession of the property, receive rents, collect and compromise demands, make transfers, and perform other acts the court authorizes.

Can a receiver settle claims?

Yes. The power to collect and compromise demands includes settling them.

Are the powers fixed?

No. All of them are subject to the control of the court, which may authorize other acts as the property requires.

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