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§ 64.076.Suits Against Railroad Receiver: Venue and Service

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter E. Provisions Relating to Receivership of Corporations · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 64.076 allows suit against a railroad receiver in any county the railroad runs through, with service on the receiver, a superintendent, or a local agent.

Full Text of § 64.076

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An action against the receiver of a railroad company may be brought in any county through or into which the railroad is constructed, and citation may be served on the receiver, the general or division superintendent, or an agent of the receiver who resides in the county in which the suit is brought. If no agent of the receiver resides in the county in which the suit is brought, citation may be served on any agent of the receiver in this state.
End

Plain-English Summary

A venue and service provision for the industry the chapter keeps returning to.

An action against the receiver of a railroad company may be brought in any county through or into which the railroad is constructed.

That is an exceptionally wide venue rule, and it contrasts with the general provision, which allows suit where the person whose property is in receivership resides.

The breadth matches the defendant. A railroad operates continuously across many counties, and a person injured at a crossing or a station should be able to sue where it happened.

"Through or into which" covers both the line passing through a county and a terminus within it.

Service is correspondingly flexible. Citation may be served on the receiver, the general or division superintendent, or an agent of the receiver who resides in the county in which the suit is brought.

Naming the superintendent reflects how a railroad was run — by division officers on the ground rather than from a single office.

The fallback closes the gap: where no agent resides in the county of suit, citation may be served on any agent of the receiver in this state.

So a claimant is never left unable to serve for want of a local representative, which is the practical purpose of the provision.

Read with the general suits-against-receivers section, the pattern is consistent. No leave of the appointing court is needed, venue is placed where the claim arose, and service is available through whoever is locally responsible.

Frequently Asked Questions

Where can a railroad receiver be sued?

In any county through or into which the railroad is constructed.

Who can be served?

The receiver, the general or division superintendent, or an agent of the receiver residing in the county of suit.

What if no agent is local?

Citation may be served on any agent of the receiver in this state.

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