§ 65.045.Conflict with Texas Rules of Civil Procedure

A priority rule closing the subchapter, and its second half is the more unusual.

To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure, this subchapter controls.

The conflict is direct and was foreseeable. The rules require an applicant for a restraining order or temporary injunction to execute a bond, and this subchapter forbids requiring one in the circumstances it describes.

Without this provision the exemption would be arguable at best, since the bond requirement comes from rules promulgated by the Supreme Court of Texas.

Subsection (c) is the provision worth noticing: the business court, district courts, and statutory county courts may not adopt local rules in conflict with this subchapter.

That anticipates a specific route around the exemption. Individual courts adopt local rules, and a court could otherwise impose a bond requirement locally that the statute forbids generally.

Naming three levels of court is deliberate, covering those in which a homestead foreclosure injunction would realistically be sought.

The pairing of the two subsections closes both routes. Statewide rules yield to the subchapter, and local rules may not conflict with it.

Subsection (b) was repealed in 2025, by the same act that trimmed provisions across this code.

The provision is a measure of how much the Legislature wanted this exemption to hold. A protection for homeowners that could be undone by rule, or by one court’s local practice, would not be a protection at all.