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§ 65.021.Jurisdiction of Proceeding

Title 3. Extraordinary Remedies · Chapter 65. Injunction · Subchapter C. Jurisdiction of Proceedings; Venue · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 65.021 has district and county court judges hear injunction applications in term or vacation, without limiting jurisdiction granted to other courts.

Full Text of § 65.021

Text sizeJump to: (a) (b)

(a)The judge of a district or county court in term or vacation shall hear and determine applications for writs of injunction.
(b)This section does not limit injunction jurisdiction granted by law to other courts.
End

Plain-English Summary

Jurisdiction, in two short subsections.

The judge of a district or county court in term or vacation shall hear and determine applications for writs of injunction.

"In term or vacation" is the practical part. Vacation is the period between court terms, and an injunction application cannot wait for a term to open.

The nature of the relief requires that. An applicant seeking to stop a foreclosure sale, a demolition or a transfer needs a judge now, not at the next term.

"Shall hear and determine" is an obligation rather than a grant of discretion about whether to entertain the application.

The jurisdiction is given to the judge rather than to the court, which is what allows action in vacation when the court as such is not sitting.

Subsection (b) is a saving clause: the section does not limit injunction jurisdiction granted by law to other courts.

That matters because injunctive power is scattered across the statutes. Statutory county courts, probate courts, the business court and the appellate courts each have injunctive authority from their own provisions.

Naming district and county courts here could otherwise have been read as exhaustive, and the subsection forecloses that.

The venue rules then determine where the writ is tried, which is a separate question from who may hear the application — and one the following sections answer differently for different kinds of injunction.

Frequently Asked Questions

Which courts hear injunction applications?

District and county court judges, in term or vacation — without limiting jurisdiction other courts have by law.

What does "in vacation" mean?

Between court terms. An injunction application can be heard then, because the relief will not wait.

Do other courts have injunctive power?

Yes. The section expressly does not limit jurisdiction granted by law to other courts.

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