Texas Cities and Towns Sorted by County–Texas Civil Litigation Attorneys

Population of Texas Cities and Towns
Sorted by County

Prepared by

The County Information Project
Texas Association of Counties

See a list of other County Information Project Products.

Place	Place Type	2000 Census	2010 Census	2011 Estimate	2012 Estimate	2013 Estimate
Anderson County	County	55109	58458	58404	58080	57938
Elkhart town	Town	1215	1371	1374	1347	1347
Frankston town (pt.)	Town	1209	1210	1194	1181	1176
Palestine city	City	17598	18712	18713	18687	18617
Balance of Anderson County	Balance of County	35087	37165	37123	36865	36798
Andrews County	County	13004	14786	15397	16137	16799
Andrews city	City	9652	11088	11592	12186	12718
Balance of Andrews County	Balance of County	3352	3698	3805	3951	4081
Angelina County	County	80130	86771	87320	87488	87441
Burke city	City	315	737	743	738	738
Diboll city	City	5470	4776	5425	5329	5323
Hudson city	City	3792	4731	4773	4732	4722
Huntington city	City	2068	2118	2124	2111	2108
Lufkin city	City	32709	35067	35414	36049	36085
Zavalla city	City	647	713	715	708	707
Balance of Angelina County	Balance of County	35129	38629	38126	37821	37758
Aransas County	County	22497	23158	23481	23847	24356
Aransas Pass city (pt.)	City	867	724	730	739	753
Corpus Christi city (pt.)	City		0	0	0	0
Fulton town	Town	1553	1358	1378	1400	1429
Rockport city	City	7385	8766	9572	9764	10036
Balance of Aransas County	Balance of County	12692	12310	11801	11944	12138
Archer County	County	8854	9054	8782	8714	8681
Archer City city	City	1848	1834	1774	1760	1750
Holliday city	City	1632	1758	1717	1711	1704
Lakeside City town	Town	984	997	974	964	963
Megargel town	Town	248	203	197	195	194
Scotland city	City	438	501	485	481	480
Windthorst town (pt.)	Town	432	391	376	373	372
Balance of Archer County	Balance of County	3272	3370	3259	3230	3218
Armstrong County	County	2148	1901	1934	1948	1949
Claude city	City	1313	1196	1217	1225	1225
Balance of Armstrong County	Balance of County	835	705	717	723	724
Atascosa County	County	38628	44911	45472	46423	47093
Charlotte city	City	1637	1715	1734	1764	1782
Christine town	Town	436	390	393	401	407
Jourdanton city	City	3732	3871	3924	4049	4113
Lytle city (pt.)	City	2046	1998	2044	2104	2163
Pleasanton city	City	8266	8934	9089	9318	9512
Poteet city	City	3305	3260	3286	3336	3369
Balance of Atascosa County	Balance of County	19206	24743	25002	25451	25747
Austin County	County	23590	28417	28669	28653	28847
Bellville city	City	3794	4097	4136	4133	4170
Brazos Country city	City		469	473	473	477
Industry city	City	304	304	307	307	309
San Felipe town	Town	868	747	751	755	760
Sealy city	City	5248	6019	6161	6169	6222
Wallis city	City	1172	1252	1266	1266	1270
Balance of Austin County	Balance of County	12204	15529	15575	15550	15639
Bailey County	County	6594	7165	7174	7111	7114
Muleshoe city	City	4530	5158	5161	5118	5123
Balance of Bailey County	Balance of County	2064	2007	2013	1993	1991
Bandera County	County	17645	20485	20560	20586	20601
Bandera city	City	957	857	861	861	861
Balance of Bandera County	Balance of County	16688	19628	19699	19725	19740
Bastrop County	County	57733	74171	75103	74791	75825
Bastrop city	City	5340	7218	7326	7385	7554
Elgin city (pt.)	City	5667	7226	7387	7381	7467
Mustang Ridge city (pt.)	City	0	0	0	0	0
Smithville city	City	3901	3817	3877	3872	3927
Balance of Bastrop County	Balance of County	42825	55910	56513	56153	56877
Baylor County	County	4093	3726	3713	3620	3614
Seymour city	City	2908	2740	2729	2658	2652
Balance of Baylor County	Balance of County	1185	986	984	962	962
Bee County	County	32359	31861	32340	32501	32799
Beeville city	City	13129	12863	13015	13134	13290
Balance of Bee County	Balance of County	19230	18998	19325	19367	19509
Bell County	County	237974	310235	316346	323536	326843
Bartlett city (pt.)	City	818	690	685	690	687
Belton city	City	14623	18216	18924	19399	19572
Copperas Cove city (pt.)	City	0	0	0	0	0
Harker Heights city	City	17308	26700	27248	27809	28169
Holland town	Town	1102	1121	1122	1134	1128
Killeen city	City	86911	127921	131286	135015	137147
Little River-Academy city	City	1645	1961	1965	1982	1966
Morgan’s Point Resort city	City	2989	4170	4191	4243	4223
Nolanville city	City	2150	4259	4318	4416	4463
Rogers town	Town	1117	1218	1217	1227	1223
Salado village	Village		2126	2137	2163	2152
Temple city	City	54514	66102	67575	69264	70190
Troy city	City	1378	1645	1673	1708	1724
Balance of Bell County	Balance of County	53419	54106	54005	54486	54199
Bexar County	County	1392931	1714773	1754167	1785787	1817610
Alamo Heights city	City	7319	7031	7194	7347	7547
Balcones Heights city	City	3016	2941	2790	2821	2849
Castle Hills city	City	4202	4116	4192	4241	4289
China Grove town	Town	1247	1179	1198	1222	1243
Cibolo city (pt.)	City	0	0	0	0	0
Converse city	City	11508	18198	19064	19732	20323
Elmendorf city (pt.)	City	664	1476	1502	1536	1565
Fair Oaks Ranch city (pt.)	City	3799	4191	4302	4411	4552
Grey Forest city	City	418	483	490	494	498
Helotes city	City	4285	7341	7646	7888	8104
Hill Country Village city	City	1028	985	1000	1010	1020
Hollywood Park town	Town	2983	3062	3138	3173	3203
Kirby city	City	8673	8000	8117	8211	8289
Leon Valley city	City	9239	10151	10490	10674	10808
Live Oak city	City	9156	13131	13730	14201	14751
Lytle city (pt.)	City	14	37	41	39	40
Olmos Park city	City	2343	2237	2273	2295	2315
San Antonio city (pt.)	City	1144646	1327381	1358330	1383614	1408992
Schertz city (pt.)	City	1045	1157	1506	1573	1616
Selma city (pt.)	City	722	4149	4944	5372	5726
Shavano Park city	City	1754	3035	3127	3220	3313
Somerset city	City	1550	1631	1657	1682	1705
St. Hedwig town	Town	1875	2094	2139	2177	2224
Terrell Hills city	City	5019	4878	4951	5024	5088
Universal City city	City	14849	18530	18885	19162	19372
Von Ormy city	City		1085	1099	1107	1117
Windcrest city	City	5105	5364	5500	5558	5613
Balance of Bexar County	Balance of County	146472	260910	264862	268003	271448
Blanco County	County	8418	10497	10583	10673	10723
Blanco city	City	1505	1739	1775	1798	1795
Johnson City city	City	1191	1656	1722	1729	1785
Round Mountain town	Town	111	181	182	184	184
Balance of Blanco County	Balance of County	5611	6921	6904	6962	6959
Borden County	County	729	641	627	612	637
Bosque County	County	17204	18212	18247	18107	17855
Clifton city	City	3542	3442	3454	3421	3376
Cranfills Gap city	City	335	281	282	280	277
Iredell city	City	360	339	340	338	334
Meridian city	City	1491	1493	1488	1483	1461
Morgan city	City	485	490	489	484	478
Valley Mills city (pt.)	City	1120	1190	1197	1179	1160
Walnut Springs city	City	755	827	827	821	805
Balance of Bosque County	Balance of County	9116	10150	10170	10101	9964
Bowie County	County	89306	92565	92862	93022	93487
De Kalb city	City	1769	1699	1680	1653	1658
Hooks city	City	2973	2769	2752	2738	2757
Leary city	City	555	495	482	478	478
Maud city	City	1028	1056	1063	1058	1060
Nash city	City	2169	2960	3007	3039	3081
New Boston city	City	4808	4550	4530	4536	4546
Red Lick city	City	853	1008	1009	1006	1010
Redwater city	City	872	1057	1053	1048	1057
Texarkana city	City	34782	36411	36838	37177	37442
Wake Village city	City	5129	5492	5482	5464	5488
Balance of Bowie County	Balance of County	34368	35068	34966	34825	34910
Brazoria County	County	241767	313166	319250	324295	330242
Alvin city	City	21413	24236	24724	24948	25057
Angleton city	City	18130	18862	18887	18954	18988
Bailey’s Prairie village	Village	694	727	727	730	734
Bonney village	Village	384	310	313	316	322
Brazoria city	City	2787	3019	3034	3039	3041
Brookside Village city	City	1960	1523	1539	1541	1547
Clute city	City	10424	11211	11212	11269	11287
Danbury city	City	1611	1715	1724	1729	1736
Freeport city	City	12708	12049	12062	12087	12093
Hillcrest village	Village	722	730	729	729	728
Holiday Lakes town	Town	1095	1107	1134	1146	1148
Iowa Colony village	Village	804	1170	1186	1201	1201
Jones Creek village	Village	2130	2020	2064	2063	2060
Lake Jackson city	City	26386	26849	27107	27181	27394
Liverpool city	City	404	482	487	492	490
Manvel city	City	3046	5179	5676	6051	6599
Oyster Creek city	City	1192	1111	1113	1115	1117
Pearland city (pt.)	City	35696	86706	88336	91271	94750
Quintana town	Town	38	56	58	62	62
Richwood city	City	3012	3510	3578	3615	3663
Sandy Point city	City			207	208	208
Surfside Beach city	City	763	482	488	497	515
Sweeny city	City	3624	3684	3727	3728	3731
West Columbia city	City	4255	3905	3903	3911	3910
Balance of Brazoria County	Balance of County	88489	102523	105235	106412	107861
Brazos County	County	152415	194851	197536	200400	203164
Bryan city	City	65660	76201	77203	77880	78709
College Station city	City	67890	93857	95703	97907	100050
Kurten town	Town		398	398	398	395
Millican town	Town	108	240	241	241	240
Navasota city (pt.)	City			0	0	0
Wixon Valley city	City	235	254	255	256	254
Balance of Brazos County	Balance of County	18522	23901	23736	23718	23516
Brewster County	County	8866	9232	9353	9254	9286
Alpine city	City	5786	5905	6097	6029	6054
Balance of Brewster County	Balance of County	3080	3327	3256	3225	3232
Briscoe County	County	1790	1637	1635	1543	1537
Quitaque city	City	432	411	411	388	387
Silverton city	City	771	731	731	690	688
Balance of Briscoe County	Balance of County	587	495	493	465	462
Brooks County	County	7976	7223	7209	7175	7237
Falfurrias city	City	5297	4981	4968	4942	4981
Balance of Brooks County	Balance of County	2679	2242	2241	2233	2256
Brown County	County	37674	38106	38017	37841	37749
Bangs city	City	1620	1603	1604	1598	1590
Blanket town	Town	402	390	387	386	383
Brownwood city	City	18813	19288	19164	19029	18965
Early city	City	2588	2762	2801	2806	2807
Balance of Brown County	Balance of County	14251	14063	14061	14022	14004
Burleson County	County	16470	17187	17236	17316	17169
Caldwell city	City	3449	4104	4149	4191	4218
Snook city	City	568	511	511	514	508
Somerville city	City	1704	1376	1373	1374	1353
Balance of Burleson County	Balance of County	10749	11196	11203	11237	11090
Burnet County	County	34147	42750	43352	43556	43823
Bertram city	City	1122	1353	1363	1361	1358
Burnet city	City	4735	5987	6041	6055	6077
Cottonwood Shores city	City	877	1123	1130	1125	1127
Granite Shoals city	City	2040	4910	4946	4929	4932
Highland Haven city	City	450	431	438	437	437
Horseshoe Bay city (pt.)	City		736	741	746	751
Marble Falls city	City	4959	6077	6092	6130	6128
Meadowlakes city	City	1293	1777	1799	1805	1818
Balance of Burnet County	Balance of County	18671	20356	20802	20968	21195
Caldwell County	County	32194	38066	38444	38701	39232
Lockhart city	City	11615	12698	12843	12931	13098
Luling city (pt.)	City	5080	5392	5512	5553	5639
Martindale city	City	953	1116	1127	1138	1160
Mustang Ridge city (pt.)	City	376	427	438	445	459
Niederwald city (pt.)	City	83	130	120	121	123
San Marcos city (pt.)	City	0	3	3	3	3
Uhland city (pt.)	City	123	498	500	504	512
Balance of Caldwell County	Balance of County	13964	17802	17901	18006	18238
Calhoun County	County	20647	21381	21372	21609	21806
Point Comfort city	City	781	737	734	739	742
Port Lavaca city	City	12035	12248	12206	12307	12374
Seadrift city	City	1352	1364	1380	1407	1439
Balance of Calhoun County	Balance of County	6479	7032	7052	7156	7251
Callahan County	County	12905	13544	13555	13533	13525
Baird city	City	1623	1496	1492	1500	1497
Clyde city	City	3345	3713	3721	3715	3734
Cross Plains town	Town	1068	982	984	981	976
Putnam town	Town	88	94	94	94	94
Balance of Callahan County	Balance of County	6781	7259	7264	7243	7224
Cameron County	County	335227	406220	412745	415551	417276
Bayview town	Town	323	383	378	380	382
Brownsville city	City	139722	175023	178479	180521	181860
Combes town	Town	2553	2895	2972	2995	3022
Harlingen city	City	57564	64849	65598	65706	65665
Indian Lake town	Town	541	640	642	638	633
La Feria city	City	6115	7302	7308	7293	7268
Laguna Vista town	Town	1658	3117	3203	3205	3216
Los Fresnos city	City	4512	5542	6042	6129	6219
Los Indios town	Town	1149	1083	1099	1101	1102
Palm Valley city	City	1298	1304	1314	1312	1307
Port Isabel city	City	4865	5006	5041	5028	5004
Primera town	Town	2723	4070	4112	4120	4122
Rancho Viejo town	Town	1754	2437	2470	2475	2489
Rio Hondo city	City	1942	2356	2421	2418	2410
San Benito city	City	23444	24250	24456	24394	24374
Santa Rosa town	Town	2833	2873	2895	2888	2889
South Padre Island town	Town	2422	2816	2903	2901	2899
Balance of Cameron County	Balance of County	79606	100274	101412	102047	102415
Camp County	County	11549	12401	12406	12486	12413
Pittsburg city	City	4347	4497	4506	4538	4518
Rocky Mound town	Town	93	75	68	69	68
Balance of Camp County	Balance of County	7109	7829	7832	7879	7827
Carson County	County	6516	6182	6268	6127	6010
Groom town	Town	587	574	584	574	563
Panhandle town	Town	2589	2452	2484	2401	2354
Skellytown town	Town	610	473	479	471	462
White Deer town	Town	1060	1000	1013	998	978
Balance of Carson County	Balance of County	1670	1683	1708	1683	1653
Cass County	County	30438	30464	30484	30177	30331
Atlanta city	City	5745	5675	5680	5614	5632
Avinger town	Town	464	444	445	441	444
Bloomburg town	Town	375	404	403	400	402
Domino town	Town	52	93	78	78	78
Douglassville town	Town	175	229	228	225	227
Hughes Springs city (pt.)	City	1848	1754	1750	1737	1760
Linden city	City	2256	1988	1983	1969	1979
Marietta town	Town	112	134	135	133	134
Queen City city	City	1613	1476	1484	1469	1476
Balance of Cass County	Balance of County	17798	18267	18298	18111	18199
Castro County	County	8285	8062	8055	8177	8030
Dimmitt city	City	4375	4393	4387	4489	4407
Hart city	City	1198	1114	1110	1115	1094
Nazareth city	City	356	311	312	314	309
Balance of Castro County	Balance of County	2356	2244	2246	2259	2220
Chambers County	County	26031	35096	35441	36095	36812
Anahuac city	City	2210	2243	2226	2242	2276
Baytown city (pt.)	City	3081	4116	4039	4062	4146
Beach City city	City	1645	2198	2318	2370	2426
Cove city	City	323	510	507	509	509
Mont Belvieu city (pt.)	City	2324	3835	4057	4257	4509
Old River-Winfree city (pt.)	City	1364	1104	1095	1103	1099
Seabrook city (pt.)	City	0	0	0	0	0
Shoreacres city (pt.)	City	0	0	0	0	0
Texas City city (pt.)	City	0	0	0	0	0
Balance of Chambers County	Balance of County	15084	21090	21199	21552	21847
Cherokee County	County	46659	50845	50969	51154	50878
Alto town	Town	1190	1225	1222	1221	1212
Bullard town (pt.)	Town	53	47	47	47	47
Cuney town	Town	145	140	141	141	140
Gallatin city	City	378	419	418	419	417
Jacksonville city	City	13868	14544	14591	14771	14713
New Summerfield city	City	998	1111	1109	1105	1093
Reklaw city (pt.)	City	211	218	221	221	220
Rusk city	City	5085	5551	5587	5587	5564
Troup city (pt.)	City	40	61	61	61	61
Wells town	Town	769	790	795	796	790
Balance of Cherokee County	Balance of County	23922	26739	26777	26785	26621
Childress County	County	7688	7041	7014	7078	7095
Childress city	City	6778	6105	6072	6077	6091
Balance of Childress County	Balance of County	910	936	942	1001	1004
Clay County	County	11006	10752	10678	10537	10473
Bellevue city	City	386	362	360	356	354
Byers city	City	517	496	493	488	486
Dean city	City	341	493	491	485	483
Henrietta city	City	3264	3141	3118	3073	3052
Jolly city	City	188	172	171	169	168
Petrolia city	City	782	686	681	671	666
Windthorst town (pt.)	Town	8	18	18	18	18
Balance of Clay County	Balance of County	5520	5384	5346	5277	5246
Cochran County	County	3730	3127	3071	3030	3016
Morton city	City	2249	2006	1968	1940	1931
Whiteface town	Town	465	449	440	433	430
Balance of Cochran County	Balance of County	1016	672	663	657	655
Coke County	County	3864	3320	3288	3223	3210
Blackwell city (pt.)	City	6	15	15	14	15
Bronte town	Town	1076	999	990	975	973
Robert Lee city	City	1171	1049	1039	1016	1010
Balance of Coke County	Balance of County	1611	1257	1244	1218	1212
Coleman County	County	9235	8895	8743	8680	8543
Coleman city	City	5127	4709	4622	4592	4518
Novice city	City	142	139	137	136	134
Santa Anna town	Town	1081	1099	1083	1074	1057
Balance of Coleman County	Balance of County	2885	2948	2901	2878	2834
Collin County	County	491675	782341	812879	834674	854778
Allen city	City	43554	84246	87623	89744	92020
Anna city	City	1225	8249	8455	8525	9515
Blue Ridge city	City	672	822	830	836	830
Carrollton city (pt.)	City	0	2	2	2	2
Celina city (pt.)	City	1861	6028	6315	6537	6744
Dallas city (pt.)	City	45155	46885	48145	49019	49431
Fairview town	Town	2644	7248	7609	7909	8148
Farmersville city	City	3118	3301	3383	3415	3395
Frisco city (pt.)	City	30312	72489	76684	79795	84710
Garland city (pt.)	City	0	266	272	275	273
Hebron town (pt.)	Town		0	0	0	0
Josephine city (pt.)	City	575	755	792	857	931
Lavon city	City	387	2219	2270	2297	2422
Lowry Crossing city	City	1229	1711	1748	1764	1756
Lucas city	City	2890	5166	5585	5928	6180
McKinney city	City	54369	131117	137665	143032	148559
Melissa city	City	1350	4695	5169	5532	6112
Murphy city	City	3099	17708	18687	19127	19515
Nevada city	City	563	822	845	859	880
New Hope town	Town	662	614	627	634	631
Parker city	City	1379	3811	3857	3984	4063
Plano city (pt.)	City	219890	254525	261642	266630	268771
Princeton city	City	3477	6807	7262	7483	7732
Prosper town (pt.)	Town	2097	9119	10174	11238	12396
Richardson city (pt.)	City	20873	28569	29352	29808	29963
Royse City city (pt.)	City	188	1050	1119	1149	1183
Sachse city (pt.)	City	1660	6301	6570	6724	6831
St. Paul town	Town	630	1066	1086	1104	1096
Trenton city (pt.)	City			0	0	0
Van Alstyne city (pt.)	City	0	0	0	0	0
Weston city	City	635	563	572	575	570
Wylie city (pt.)	City	14536	39957	41620	42605	43031
Balance of Collin County	Balance of County	32255	36230	36919	37287	37088
Collingsworth County	County	3206	3057	3092	3022	3099
Dodson town	Town	115	109	111	109	112
Wellington city	City	2275	2189	2212	2161	2215
Balance of Collingsworth County	Balance of County	816	759	769	752	772
Colorado County	County	20390	20874	20783	20687	20752
Columbus city	City	3916	3655	3664	3639	3647
Eagle Lake city	City	3664	3639	3618	3600	3623
Weimar city	City	1981	2151	2139	2134	2141
Balance of Colorado County	Balance of County	10829	11429	11362	11314	11341
Comal County	County	78021	108472	111568	114590	118480
Bulverde city	City	3761	4630	4700	4756	4841
Fair Oaks Ranch city (pt.)	City	246	303	309	314	324
Garden Ridge city	City	1882	3259	3394	3516	3646
New Braunfels city (pt.)	City	35328	47586	48850	50276	52195
San Antonio city (pt.)	City	0	0	0	0	0
Schertz city (pt.)	City	316	845	908	946	975
Selma city (pt.)	City	16	14	17	17	17
Balance of Comal County	Balance of County	36472	51835	53390	54765	56482
Comanche County	County	14026	13974	13895	13734	13623
Comanche city	City	4482	4335	4310	4252	4214
De Leon city	City	2433	2246	2233	2213	2197
Gustine town	Town	457	476	474	470	467
Balance of Comanche County	Balance of County	6654	6917	6878	6799	6745
Concho County	County	3966	4087	4110	4024	4043
Eden city	City	2561	2766	2781	2741	2751
Paint Rock town	Town	320	273	274	265	267
Balance of Concho County	Balance of County	1085	1048	1055	1018	1025
Cooke County	County	36363	38437	38363	38726	38467
Callisburg city	City	365	353	353	356	354
Gainesville city	City	15538	16002	15992	16128	16030
Lindsay city	City	788	1018	1029	1045	1043
Muenster city	City	1556	1544	1541	1562	1561
Oak Ridge town	Town	224	141	154	160	163
Pilot Point city (pt.)	City			0	0	0
Valley View city	City	737	757	762	767	759
Balance of Cooke County	Balance of County	17155	18622	18532	18708	18557
Coryell County	County	74978	75388	76525	76850	76192
Copperas Cove city (pt.)	City	29455	31457	32290	32608	32501
Evant town (pt.)	Town	262	301	302	302	296
Gatesville city	City	15591	15751	15926	15984	15945
McGregor city (pt.)	City	0	0	0	0	0
Oglesby city	City	458	484	486	486	476
South Mountain town	Town	412	384	386	385	378
Balance of Coryell County	Balance of County	28800	27011	27135	27085	26596
Cottle County	County	1904	1505	1505	1482	1452
Paducah town	Town	1498	1186	1185	1166	1142
Balance of Cottle County	Balance of County	406	319	320	316	310
Crane County	County	3996	4375	4367	4573	4773
Crane city	City	3191	3353	3360	3528	3685
Balance of Crane County	Balance of County	805	1022	1007	1045	1088
Crockett County	County	4099	3719	3679	3732	3807
Crosby County	County	7072	6059	6086	6102	5991
Crosbyton city	City	1874	1741	1745	1744	1707
Lorenzo city	City	1372	1147	1153	1167	1158
Ralls city	City	2252	1944	1953	1955	1915
Balance of Crosby County	Balance of County	1574	1227	1235	1236	1211
Culberson County	County	2975	2398	2371	2293	2277
Van Horn town	Town	2435	2063	2041	1975	1960
Balance of Culberson County	Balance of County	540	335	330	318	317
Dallam County	County	6222	6703	6856	7021	7057
Dalhart city (pt.)	City	4648	5181	5326	5457	5488
Texline town	Town	511	507	512	524	527
Balance of Dallam County	Balance of County	1063	1015	1018	1040	1042
Dallas County	County	2218899	2368139	2408488	2453907	2480331
Addison town	Town	14166	13056	13789	15181	15407
Balch Springs city	City	19375	23728	24385	24846	25024
Carrollton city (pt.)	City	49822	49352	50626	51912	52314
Cedar Hill city (pt.)	City	32044	44477	45283	45892	46102
Cockrell Hill city	City	4443	4193	4243	4288	4288
Combine city (pt.)	City	624	690	699	705	706
Coppell city (pt.)	City	35734	37905	38685	39277	39552
Dallas city (pt.)	City	1121131	1124296	1143172	1164996	1180106
DeSoto city	City	37646	49047	50147	51128	51483
Duncanville city	City	36081	38524	39022	39527	39605
Farmers Branch city	City	27508	28616	28962	29375	31664
Ferris city (pt.)	City	0	2	2	2	2
Garland city (pt.)	City	215768	226608	229845	233361	234291
Glenn Heights city (pt.)	City	5618	8547	8726	8878	8930
Grand Prairie city (pt.)	City	99760	123487	125180	127270	128214
Grapevine city (pt.)	City	0	0	0	0	0
Highland Park town	Town	8842	8564	8686	8815	8862
Hutchins city	City	2805	5338	5367	5399	5396
Irving city	City	191615	216290	219917	225547	228653
Lancaster city	City	25894	36361	37326	37871	38071
Lewisville city (pt.)	City	2	841	848	861	867
Mesquite city (pt.)	City	124522	139731	141282	143188	143353
Ovilla city (pt.)	City	251	331	336	340	340
Richardson city (pt.)	City	70929	70654	72234	73754	74512
Rowlett city (pt.)	City	37462	49188	49899	50573	50854
Sachse city (pt.)	City	8091	14028	14504	14875	15195
Seagoville city (pt.)	City	10816	14815	15201	15407	15496
Sunnyvale town	Town	2693	5130	5356	5494	5651
University Park city	City	23324	23068	23398	23788	23992
Wilmer city	City	3393	3682	3722	3757	3800
Wylie city (pt.)	City	281	415	426	434	440
Balance of Dallas County	Balance of County	8259	7175	7220	7166	7161
Dawson County	County	14985	13833	13801	13653	13810
Ackerly city (pt.)	City	163	158	157	156	158
Lamesa city	City	9952	9422	9346	9225	9352
Los Ybanez city	City	32	19	19	19	19
O’Donnell city (pt.)	City	111	118	118	116	118
Balance of Dawson County	Balance of County	4727	4116	4161	4137	4163
Deaf Smith County	County	18561	19372	19468	19368	19177
Hereford city	City	14597	15370	15443	15363	15210
Balance of Deaf Smith County	Balance of County	3964	4002	4025	4005	3967
Delta County	County	5327	5231	5204	5323	5238
Cooper city	City	2150	1969	1961	2005	1977
Pecan Gap city (pt.)	City	206	191	188	193	190
Balance of Delta County	Balance of County	2971	3071	3055	3125	3071
Denton County	County	432976	662614	685802	708050	728799
Argyle city	City	2365	3282	3336	3442	3561
Aubrey city	City	1500	2595	2677	2703	2718
Bartonville town	Town	1093	1469	1604	1621	1633
Carrollton city (pt.)	City	59754	69743	71918	73628	74384
Celina city (pt.)	City		0	0	0	0
Coppell city (pt.)	City	224	754	770	781	790
Copper Canyon town	Town	1216	1334	1368	1388	1393
Corinth city	City	11325	19935	20250	20517	20618
Corral City town	Town	89	27	27	28	28
Cross Roads town	Town	603	1563	853	862	865
Dallas city (pt.)	City	22273	26579	27180	27675	28129
Denton city	City	80537	113383	118007	121460	123099
DISH town	Town		201	233	262	304
Double Oak town	Town	2179	2867	2929	2969	2995
Flower Mound town (pt.)	Town	50702	64457	65897	67750	68388
Fort Worth city (pt.)	City	44	7813	8037	8194	8315
Frisco city (pt.)	City	3402	44500	46802	48668	52081
Grapevine city (pt.)	City	2	0	0	0	0
Hackberry town	Town	544	968	976	980	977
Haslet city (pt.)	City	0	0	0	0	0
Hebron town (pt.)	Town	874	415	397	401	403
Hickory Creek town	Town	2078	3247	3362	3439	3970
Highland Village city	City	12173	15056	15389	15617	15747
Justin city	City	1891	3246	3290	3322	3333
Krugerville city	City	903	1662	1608	1625	1637
Krum city	City	1979	4157	4339	4503	4632
Lake Dallas city	City	6166	7105	7238	7315	7337
Lakewood Village city	City	342	545	555	560	563
Lewisville city (pt.)	City	77735	94449	96611	98739	100207
Lincoln Park town	Town	517	308	311	312	311
Little Elm city	City	3646	25898	27611	28859	32701
Northlake town	Town	921	1724	1860	1871	1880
Oak Point city	City	1747	2786	2926	3017	3055
Pilot Point city (pt.)	City	3538	3856	3912	3989	4006
Plano city (pt.)	City	2140	5316	5450	5548	5638
Ponder town	Town	507	1395	1425	1450	1458
Prosper town (pt.)	Town		304	448	493	547
Providence Village town	Town			4870	4922	4941
Roanoke city (pt.)	City	2810	5962	6299	6474	6646
Sanger city	City	4534	6916	7072	7155	7415
Shady Shores town	Town	1461	2612	2680	2743	2758
Southlake city (pt.)	City	434	773	790	804	816
The Colony city	City	26531	36328	37128	39098	39458
Trophy Club town (pt.)	Town	6350	7666	8439	9217	9994
Westlake town (pt.)	Town	7	18	18	19	19
Balance of Denton County	Balance of County	35409	69400	68910	73630	79049
DeWitt County	County	20013	20097	20288	20461	20503
Cuero city	City	6571	6841	6937	6995	7005
Nordheim city	City	323	307	311	314	315
Yoakum city (pt.)	City	2137	2138	2163	2183	2195
Yorktown city	City	2271	2092	2108	2115	2114
Balance of DeWitt County	Balance of County	8711	8719	8769	8854	8874
Dickens County	County	2762	2444	2408	2332	2291
Dickens city	City	332	286	282	272	267
Spur city	City	1088	1318	1301	1265	1245
Balance of Dickens County	Balance of County	1342	840	825	795	779
Dimmit County	County	10248	9996	10093	10481	10897
Asherton city	City	1342	1084	1054	1092	1135
Big Wells city	City	704	697	703	730	757
Carrizo Springs city	City	5655	5368	5427	5641	5870
Balance of Dimmit County	Balance of County	2547	2847	2909	3018	3135
Donley County	County	3828	3677	3631	3602	3522
Clarendon city	City	1974	2026	2000	1985	1943
Hedley city	City	379	329	326	324	317
Howardwick city	City	437	402	397	393	382
Balance of Donley County	Balance of County	1038	920	908	900	880
Duval County	County	13120	11782	11797	11623	11640
Benavides city	City	1686	1362	1353	1343	1345
Freer city	City	3241	2818	2798	2778	2783
San Diego city (pt.)	City	3928	3588	3553	3529	3536
Balance of Duval County	Balance of County	4265	4014	4093	3973	3976
Eastland County	County	18297	18583	18580	18397	18245
Carbon town	Town	224	272	272	271	269
Cisco city	City	3851	3899	3894	3856	3820
Eastland city	City	3769	3960	3954	3920	3890
Gorman city	City	1236	1083	1078	1063	1054
Ranger city	City	2584	2468	2482	2469	2451
Rising Star town	Town	835	835	834	806	799
Balance of Eastland County	Balance of County	5798	6066	6066	6012	5962
Ector County	County	121123	137130	139691	144609	149378
Goldsmith city	City	253	257	259	265	270
Odessa city (pt.)	City	89901	98270	100583	104669	108816
Balance of Ector County	Balance of County	30969	38603	38849	39675	40292
Edwards County	County	2162	2002	1966	1968	1884
Rocksprings town	Town	1285	1182	1159	1160	1110
Balance of Edwards County	Balance of County	877	820	807	808	774
Ellis County	County	111360	149610	152466	153806	155976
Alma town	Town	302	331	335	334	335
Bardwell city	City	583	649	653	655	658
Cedar Hill city (pt.)	City	49	551	560	559	561
Ennis city	City	16045	18513	18679	18668	18711
Ferris city (pt.)	City	2175	2434	2479	2484	2486
Garrett town	Town	448	806	808	804	806
Glenn Heights city (pt.)	City	1606	2731	2793	2808	2833
Grand Prairie city (pt.)	City	46	45	42	42	43
Italy town	Town	1993	1863	1877	1871	1873
Mansfield city (pt.)	City	129	95	96	96	99
Maypearl city	City	746	934	950	955	955
Midlothian city	City	7480	18037	18692	19091	19891
Milford town	Town	685	728	734	730	730
Oak Leaf city	City	1209	1298	1313	1311	1315
Ovilla city (pt.)	City	3154	3161	3196	3192	3203
Palmer town	Town	1774	2000	2022	2016	2023
Pecan Hill city	City	672	626	630	627	626
Red Oak city	City	4301	10769	10980	11079	11245
Venus town (pt.)	Town	0	65	68	71	74
Waxahachie city	City	21426	29621	30367	31078	31591
Balance of Ellis County	Balance of County	46537	54353	55192	55335	55918
El Paso County	County	679622	800647	818431	828600	827718
Anthony town	Town	3850	5011	5093	5176	5298
Clint town	Town	980	926	929	940	941
El Paso city	City	563662	649121	664643	674124	674433
Horizon City city	City	5233	16735	18224	18791	18997
Socorro city	City	27152	32013	32367	32609	32517
Vinton village	Village	1892	1971	1980	1979	1951
Balance of El Paso County	Balance of County	76853	94870	95195	94981	93581
Erath County	County	33001	37890	39019	39554	39658
Dublin city	City	3754	3654	3676	3703	3698
Hico city (pt.)	City		0	0	0	0
Stephenville city	City	14921	17123	18083	18458	18561
Balance of Erath County	Balance of County	14326	17113	17260	17393	17399
Falls County	County	18576	17866	17855	17606	17493
Bruceville-Eddy city (pt.)	City	2	4	4	4	4
Golinda city (pt.)	City	336	413	413	408	404
Lott city	City	724	759	758	746	743
Marlin city	City	6628	5967	5961	5864	5827
Rosebud city	City	1493	1412	1437	1410	1399
Balance of Falls County	Balance of County	9393	9311	9282	9174	9116
Fannin County	County	31242	33915	33913	33755	33659
Bailey city	City	213	289	290	289	288
Bonham city	City	9990	10127	10095	10019	10005
Dodd City town	Town	419	369	370	369	368
Ector city	City	600	695	694	693	691
Honey Grove city	City	1746	1668	1684	1669	1674
Ladonia town	Town	667	612	611	608	605
Leonard city	City	1846	1990	1978	1973	1968
Pecan Gap city (pt.)	City	8	12	12	12	12
Ravenna city	City	215	209	210	209	208
Savoy city	City	850	831	840	840	836
Trenton city (pt.)	City	662	635	641	638	634
Whitewright town (pt.)	Town	15	8	8	8	8
Windom town	Town	245	199	199	199	198
Balance of Fannin County	Balance of County	13766	16271	16281	16229	16164
Fayette County	County	21804	24554	24765	24706	24821
Carmine city	City	228	250	251	249	249
Fayetteville city	City	261	258	261	260	262
Flatonia town	Town	1377	1383	1388	1387	1391
La Grange city	City	4478	4641	4661	4655	4675
Round Top town	Town	77	90	92	92	93
Schulenburg city	City	2699	2852	2877	2885	2893
Balance of Fayette County	Balance of County	12684	15080	15235	15178	15258
Fisher County	County	4344	3974	3953	3845	3856
Hamlin city (pt.)	City	0	0	0	0	0
Roby city	City	673	643	641	625	628
Rotan city	City	1611	1508	1497	1455	1457
Balance of Fisher County	Balance of County	2060	1823	1815	1765	1771
Floyd County	County	7771	6446	6365	6350	6230
Floydada city	City	3676	3038	3003	2992	2942
Lockney town	Town	2056	1842	1811	1810	1772
Balance of Floyd County	Balance of County	2039	1566	1551	1548	1516
Foard County	County	1622	1336	1351	1307	1277
Crowell city	City	1141	948	959	927	905
Balance of Foard County	Balance of County	481	388	392	380	372
Fort Bend County	County	354452	585375	607111	625853	652365
Arcola city	City	1048	1642	1605	1612	1629
Beasley city	City	590	641	644	644	651
Fairchilds village	Village	678	763	804	839	885
Fulshear city	City	716	1134	1176	1885	2947
Houston city (pt.)	City	33384	38124	37883	38350	39214
Katy city (pt.)	City	889	1668	1721	1793	1832
Kendleton city	City	466	380	381	381	383
Meadows Place city	City		4660	4690	4705	4745
Missouri City city (pt.)	City	47419	61755	62585	63214	64332
Needville city	City	2609	2823	2973	2974	3000
Orchard city	City	408	352	365	367	371
Pearland city (pt.)	City	0	721	804	833	872
Pleak village	Village	947	1044	1101	1149	1212
Richmond city	City	11081	11679	11684	11724	11863
Rosenberg city	City	24043	30618	32059	32507	33188
Simonton city	City	718	814	821	823	829
Stafford city (pt.)	City	15371	17390	17558	17648	17815
Sugar Land city	City	63328	78817	80695	81996	83860
Thompsons town	Town	236	246	259	270	284
Weston Lakes city	City		2482	2506	2521	2549
Balance of Fort Bend County	Balance of County	145609	327622	344797	359618	379904
Franklin County	County	9458	10605	10542	10643	10660
Mount Vernon town	Town	2286	2662	2660	2677	2678
Winnsboro city (pt.)	City	728	704	702	708	708
Balance of Franklin County	Balance of County	6444	7239	7180	7258	7274
Freestone County	County	17867	19816	19607	19483	19646
Fairfield city	City	3094	2951	2908	2878	2898
Kirvin town	Town	122	129	128	127	128
Oakwood town (pt.)	Town	9	37	37	37	37
Streetman town (pt.)	Town	202	247	247	245	248
Teague city	City	4557	3560	3534	3529	3572
Wortham town	Town	1082	1073	1063	1051	1057
Balance of Freestone County	Balance of County	8801	11819	11690	11616	11706
Frio County	County	16252	17217	17416	17776	18065
Dilley city	City	3674	3894	3941	4027	4070
Pearsall city	City	7157	9146	9254	9436	9618
Balance of Frio County	Balance of County	5421	4177	4221	4313	4377
Gaines County	County	14467	17526	18043	18393	18921
Denver City town (pt.)	Town	0	0	0	0	0
Seagraves city	City	2334	2417	2481	2537	2620
Seminole city	City	5910	6430	6678	6823	7027
Balance of Gaines County	Balance of County	6223	8679	8884	9033	9274
Galveston County	County	250158	291309	295402	301092	306782
Bayou Vista city	City	1644	1537	1539	1549	1559
Clear Lake Shores city	City	1205	1063	1078	1097	1109
Dickinson city	City	17093	18680	18811	19079	19293
Friendswood city (pt.)	City	21237	25510	25773	26182	26678
Galveston city	City	57247	47743	47620	48310	48733
Hitchcock city	City	6386	6961	7020	7184	7302
Jamaica Beach city	City	1075	983	991	1002	1013
Kemah city	City	2330	1773	1837	1879	1927
La Marque city	City	13682	14509	14664	14923	15154
League City city (pt.)	City	45306	81998	84601	86609	89257
Santa Fe city	City	9548	12222	12382	12502	12637
Seabrook city (pt.)	City	0	0	0	0	0
Texas City city (pt.)	City	41521	45099	45178	45658	46081
Tiki Island village	Village	1016	968	974	980	993
Balance of Galveston County	Balance of County	30868	32263	32934	34138	35046
Garza County	County	4872	6461	6531	6388	6317
Post city	City	3708	5376	5432	5327	5274
Balance of Garza County	Balance of County	1164	1085	1099	1061	1043
Gillespie County	County	20814	24837	25032	25144	25357
Fredericksburg city	City	8911	10530	10635	10710	10829
Balance of Gillespie County	Balance of County	11903	14307	14397	14434	14528
Glasscock County	County	1406	1226	1241	1260	1251
Goliad County	County	6928	7210	7216	7346	7465
Goliad city	City	1975	1908	1913	1949	1976
Balance of Goliad County	Balance of County	4953	5302	5303	5397	5489
Gonzales County	County	18628	19807	19818	20015	20312
Gonzales city	City	7202	7237	7236	7308	7410
Nixon city (pt.)	City	2186	2378	2375	2398	2432
Smiley city	City	453	549	551	558	565
Waelder city	City	947	1065	1067	1077	1094
Balance of Gonzales County	Balance of County	7840	8578	8589	8674	8811
Gray County	County	22744	22535	22703	22955	23043
Lefors town	Town	559	497	502	510	513
McLean town	Town	830	778	785	804	807
Pampa city	City	17887	17994	18117	18330	18401
Balance of Gray County	Balance of County	3468	3266	3299	3311	3322
Grayson County	County	110595	120877	121272	121679	122353
Bells town	Town	1190	1392	1385	1394	1400
Collinsville town	Town	1235	1624	1621	1626	1631
Denison city	City	22773	22682	22604	22715	22816
Dorchester city	City	109	148	87	87	88
Gunter city	City	1230	1498	1499	1471	1485
Howe town	Town	2478	2600	2593	2601	2609
Knollwood city	City	375	226	427	427	428
Pilot Point city (pt.)	City			0	0	0
Pottsboro town	Town	1579	2160	2166	2182	2200
Sadler city	City	404	343	346	348	348
Sherman city	City	35082	38521	38963	39040	39296
Southmayd city	City	992	992	986	988	989
Tioga town	Town	754	803	808	812	817
Tom Bean city	City	941	1045	1037	1039	1043
Trenton city (pt.)	City			0	0	0
Van Alstyne city (pt.)	City	2502	3046	3052	3075	3096
Whitesboro city	City	3760	3793	3801	3829	3852
Whitewright town (pt.)	Town	1725	1596	1591	1597	1604
Balance of Grayson County	Balance of County	33466	38408	38306	38448	38651
Gregg County	County	111379	121730	122370	122741	123024
Clarksville City city (pt.)	City	806	865	865	865	869
East Mountain city (pt.)	City		0	0	0	0
Easton city (pt.)	City	487	458	456	454	449
Gladewater city (pt.)	City	3624	3994	4010	3990	3965
Kilgore city (pt.)	City	8721	9962	10439	10685	11021
Lakeport city	City	861	974	969	964	965
Longview city (pt.)	City	71746	78585	79102	79334	79524
Warren City city (pt.)	City	332	292	294	294	291
White Oak city	City	5624	6469	6461	6454	6395
Balance of Gregg County	Balance of County	19178	20131	19774	19701	19545
Grimes County	County	23552	26604	26699	26742	26859
Anderson city	City	257	222	224	224	225
Bedias city	City		443	443	443	445
Iola city	City		401	405	405	407
Navasota city (pt.)	City	6789	7049	7175	7192	7262
Todd Mission city	City	146	107	108	108	109
Balance of Grimes County	Balance of County	16360	18382	18344	18370	18411
Guadalupe County	County	89023	131533	135949	139873	143183
Cibolo city (pt.)	City	3035	15349	21541	22575	23890
Luling city (pt.)	City		19	19	19	20
Marion city	City	1099	1066	1077	1090	1097
New Berlin city	City	467	511	515	522	524
New Braunfels city (pt.)	City	1166	10154	10402	10730	11084
San Marcos city (pt.)	City		0	0	0	0
Santa Clara city	City	889	725	707	716	722
Schertz city (pt.)	City	17333	29463	30960	32457	33338
Seguin city	City	22011	25175	25905	26324	26660
Selma city (pt.)	City	50	1377	1618	1753	1859
Staples city	City		267	269	273	275
Balance of Guadalupe County	Balance of County	42973	47427	42936	43414	43714
Hale County	County	36602	36273	36409	36294	35764
Abernathy city (pt.)	City	2131	2108	2126	2121	2098
Edmonson town	Town	123	111	111	111	109
Hale Center city	City	2263	2252	2256	2242	2205
Petersburg city	City	1262	1202	1204	1204	1185
Plainview city	City	22336	22194	22256	22213	21860
Balance of Hale County	Balance of County	8487	8406	8456	8403	8307
Hall County	County	3782	3353	3315	3296	3239
Estelline town	Town	168	145	144	143	141
Lakeview town	Town	152	107	106	106	104
Memphis city	City	2479	2290	2261	2247	2207
Turkey city	City	494	421	418	416	410
Balance of Hall County	Balance of County	489	390	386	384	377
Hamilton County	County	8229	8517	8416	8311	8310
Evant town (pt.)	Town	131	125	124	123	123
Hamilton city	City	2977	3095	3055	3011	3008
Hico city (pt.)	City	1341	1379	1365	1347	1347
Balance of Hamilton County	Balance of County	3780	3918	3872	3830	3832
Hansford County	County	5369	5613	5592	5522	5555
Gruver city	City	1162	1194	1192	1177	1182
Spearman city	City	3021	3368	3352	3310	3335
Balance of Hansford County	Balance of County	1186	1051	1048	1035	1038
Hardeman County	County	4724	4139	4119	4066	4016
Chillicothe city	City	798	707	703	695	686
Quanah city	City	3022	2641	2628	2592	2559
Balance of Hardeman County	Balance of County	904	791	788	779	771
Hardin County	County	48073	54635	55074	55177	55417
Kountze city	City	2115	2123	2134	2100	2109
Lumberton city	City	8731	11943	12147	12070	12184
Rose Hill Acres city	City	480	441	446	445	445
Silsbee city	City	6393	6611	6720	6655	6700
Sour Lake city	City	1667	1813	1821	1794	1792
Balance of Hardin County	Balance of County	28687	31704	31806	32113	32187
Harris County	County	3400578	4092459	4176674	4253963	4336853
Baytown city (pt.)	City	63349	67686	68807	69451	71272
Bellaire city	City	15642	16855	17170	17450	17849
Bunker Hill Village city	City	3654	3633	3715	3786	3845
Deer Park city	City	28520	32010	32554	32997	33237
El Lago city	City	3075	2706	2730	2754	2762
Friendswood city (pt.)	City	7800	10295	10515	10726	10909
Galena Park city	City	10592	10887	11007	11086	11113
Hedwig Village city	City	2334	2557	2591	2626	2638
Hilshire Village city	City	720	746	754	766	772
Houston city (pt.)	City	1919789	2057280	2085398	2118167	2152424
Humble city	City	14579	15133	15265	15443	15500
Hunters Creek Village city	City	4374	4367	4460	4541	4604
Jacinto City city	City	10302	10553	10639	10729	10749
Jersey Village city	City	6880	7620	7713	7794	7862
Katy city (pt.)	City	10082	11278	11472	11730	11939
La Porte city	City	31880	33800	34136	34443	34654
League City city (pt.)	City	138	1562	1631	1677	1726
Missouri City city (pt.)	City	5494	5603	5703	5786	5853
Morgan’s Point city	City	336	339	344	348	349
Nassau Bay city	City	4170	4002	4040	4076	4089
Pasadena city	City	141674	149043	151080	152204	152735
Pearland city (pt.)	City	1944	3825	4108	4270	4443
Piney Point Village city	City	3380	3125	3166	3217	3260
Seabrook city (pt.)	City	9443	11952	12187	12441	12649
Shoreacres city (pt.)	City	1488	1493	1530	1552	1574
South Houston city	City	15833	16983	17142	17320	17397
Southside Place city	City	1546	1715	1738	1763	1784
Spring Valley Village city	City		3715	3843	3941	4013
Stafford city (pt.)	City	310	303	306	309	311
Taylor Lake Village city	City	3694	3544	3592	3624	3638
Tomball city (pt.)	City	9089	10753	10922	11024	11124
Waller city (pt.)	City	388	446	448	453	452
Webster city	City	9083	10400	10757	10884	11006
West University Place city	City	14211	14787	15004	15228	15369
Balance of Harris County	Balance of County	1041174	1561463	1610207	1649357	1692952
Harrison County	County	62110	65631	67316	67208	66886
Hallsville city	City	2772	3577	3783	3847	3847
Longview city (pt.)	City	1598	1870	1904	1912	1919
Marshall city	City	23935	23523	24667	24595	24501
Scottsville city	City	263	376	366	365	364
Uncertain city	City	150	94	95	95	94
Waskom city	City	2068	2160	2182	2175	2160
Balance of Harrison County	Balance of County	31022	34031	34319	34219	34001
Hartley County	County	5537	6062	6085	6165	6100
Channing city	City	356	363	359	363	357
Dalhart city (pt.)	City	2589	2749	2773	2802	2768
Balance of Hartley County	Balance of County	2592	2950	2953	3000	2975
Haskell County	County	6093	5899	5944	5871	5875
Haskell city	City	3106	3322	3343	3303	3305
O’Brien city	City	132	106	107	106	106
Rochester town	Town	378	324	327	323	324
Rule town	Town	698	636	643	635	636
Stamford city (pt.)	City	43	33	33	33	33
Weinert city	City	177	172	174	172	172
Balance of Haskell County	Balance of County	1559	1306	1317	1299	1299
Hays County	County	97589	157107	163771	169013	176026
Austin city (pt.)	City		2	2	2	2
Bear Creek village	Village	360	382	383	382	381
Buda city	City	2404	7295	8681	9416	10209
Dripping Springs city	City	1548	1788	1805	1851	1870
Hays city	City	233	217	218	217	217
Kyle city	City	5314	28016	29324	30924	31760
Mountain City city	City	671	648	651	648	647
Niederwald city (pt.)	City	501	435	432	431	429
San Marcos city (pt.)	City	34733	44891	47675	50089	54073
Uhland city (pt.)	City	263	516	518	516	515
Wimberley city	City		2626	2627	2588	2582
Woodcreek city	City	1274	1457	1478	1478	1476
Balance of Hays County	Balance of County	50288	68834	69977	70471	71865
Hemphill County	County	3351	3807	3960	4077	4158
Canadian city	City	2233	2649	2754	2832	2937
Balance of Hemphill County	Balance of County	1118	1158	1206	1245	1221
Henderson County	County	73277	78532	78680	78939	78675
Athens city	City	11297	12710	12801	12840	12803
Berryville town	Town	891	975	981	998	1001
Brownsboro city	City	796	1039	1044	1046	1048
Caney City town	Town	236	217	216	216	214
Chandler city	City	2099	2734	2758	2784	2805
Coffee City town	Town	193	278	278	279	278
Enchanted Oaks town	Town	357	326	329	333	332
Eustace city	City	798	991	994	996	988
Frankston town (pt.)	Town		19	19	19	19
Gun Barrel City city	City	5145	5672	5717	5748	5892
Log Cabin city	City	733	714	708	709	702
Mabank town (pt.)	Town	318	774	781	784	780
Malakoff city	City	2257	2324	2329	2330	2313
Moore Station city	City	184	201	199	200	199
Murchison city	City	592	594	598	601	598
Payne Springs town	Town	683	767	765	769	764
Poynor town	Town	314	305	306	307	305
Seven Points city (pt.)	City	1145	1385	1380	1380	1366
Star Harbor city	City	416	444	449	451	449
Tool city	City	2275	2240	2243	2256	2242
Trinidad city	City	1091	886	884	886	879
Balance of Henderson County	Balance of County	41457	42937	42901	43007	42698
Hidalgo County	County	569463	774769	794521	805975	815996
Alamo city	City	14760	18353	18782	18891	18965
Alton city	City	4384	12341	14393	14832	15050
Donna city	City	14768	15798	16031	16174	16270
Edcouch city	City	3342	3161	3194	3209	3210
Edinburg city	City	48465	77100	77328	78661	80836
Elsa city	City	5549	5660	6065	6288	6575
Granjeno city	City	313	293	297	298	298
Hidalgo city	City	7322	11198	12856	13073	13273
La Joya city	City	3303	3985	4082	4118	4168
La Villa city	City	1305	1957	1971	1984	1995
McAllen city	City	106414	129877	133555	135242	136639
Mercedes city	City	13649	15570	16094	16301	16352
Mission city	City	45408	77058	79356	80455	81050
Palmhurst city	City	4872	2607	2585	2616	2640
Palmview city	City	4107	5460	5542	5582	5606
Penitas city	City	1167	4403	4440	4458	4552
Pharr city	City	46660	70400	72012	73024	73790
Progreso city	City	4851	5507	5632	5718	5792
Progreso Lakes city	City	234	240	243	249	252
San Juan city	City	26229	33856	34703	35189	35593
Sullivan City city	City	3998	4002	4058	4103	4118
Weslaco city	City	26935	35670	36496	36834	37093
Balance of Hidalgo County	Balance of County	181428	240273	244806	248676	251879
Hill County	County	32321	35089	35191	35106	34823
Abbott city	City	300	356	363	363	360
Aquilla city	City	136	109	110	110	109
Blum town	Town	399	444	447	446	443
Bynum town	Town	225	199	200	200	199
Carl’s Corner town	Town	134	173	174	174	173
Covington city	City	282	269	268	268	266
Hillsboro city	City	8232	8456	8434	8423	8356
Hubbard city	City	1586	1423	1427	1412	1399
Itasca city	City	1503	1644	1644	1634	1618
Malone town	Town	278	269	271	270	269
Mertens town	Town	146	125	126	126	125
Mount Calm city	City	310	320	319	319	316
Penelope town	Town	211	198	199	199	198
Whitney town	Town	1833	2087	2103	2101	2083
Balance of Hill County	Balance of County	16746	19017	19106	19061	18909
Hockley County	County	22716	22935	22969	23150	23530
Anton city	City	1200	1126	1124	1131	1149
Levelland city	City	12866	13542	13581	13707	13929
Opdyke West town	Town	188	174	174	176	179
Ropesville city	City	517	434	433	433	439
Smyer town	Town	480	474	475	479	488
Sundown city	City	1505	1397	1398	1406	1432
Balance of Hockley County	Balance of County	5960	5788	5784	5818	5914
Hood County	County	41100	51182	51506	52171	52905
Brazos Bend city	City		305	314	316	320
Cresson city (pt.)	City		227	228	232	235
DeCordova city	City		2683	2700	2727	2760
Granbury city	City	5718	7978	8171	8495	8779
Lipan city	City	425	430	430	434	439
Tolar city	City	504	681	695	709	719
Balance of Hood County	Balance of County	34453	38878	38968	39258	39653
Hopkins County	County	31960	35161	35345	35424	35565
Como town	Town	621	702	697	699	695
Cumby city	City	616	777	784	786	780
Sulphur Springs city	City	14551	15449	15547	15600	15868
Tira town	Town	248	297	299	300	298
Balance of Hopkins County	Balance of County	15924	17936	18018	18039	17924
Houston County	County	23185	23732	23374	23184	22911
Crockett city	City	7141	6950	6774	6710	6621
Grapeland city	City	1451	1489	1466	1453	1431
Kennard city	City	317	337	333	331	327
Latexo city	City	272	322	319	316	312
Lovelady city	City	608	649	638	631	623
Balance of Houston County	Balance of County	13396	13985	13844	13743	13597
Howard County	County	33627	35012	34980	35454	36147
Big Spring city	City	25233	27282	27263	27613	28125
Coahoma town	Town	932	817	816	828	847
Forsan city	City	226	210	210	214	219
Balance of Howard County	Balance of County	7236	6703	6691	6799	6956
Hudspeth County	County	3344	3476	3419	3339	3318
Dell City city	City	413	365	358	350	349
Balance of Hudspeth County	Balance of County	2931	3111	3061	2989	2969
Hunt County	County	76596	86129	86613	87056	87048
Caddo Mills city	City	1149	1338	1347	1365	1391
Campbell city	City	734	638	641	645	645
Celeste city	City	817	814	818	823	821
Commerce city	City	7669	8078	8188	8284	8276
Greenville city	City	23960	25557	25791	25929	25917
Hawk Cove city	City	457	483	481	482	480
Josephine city (pt.)	City	19	57	57	61	69
Lone Oak city	City	521	598	599	600	598
Neylandville town	Town	56	97	98	98	98
Quinlan city	City	1370	1394	1398	1400	1396
Royse City city (pt.)	City		299	320	324	334
Union Valley city	City		307	309	310	311
West Tawakoni city	City	1462	1576	1580	1595	1598
Wolfe City city	City	1566	1412	1407	1402	1401
Balance of Hunt County	Balance of County	36816	43481	43579	43738	43713
Hutchinson County	County	23857	22150	21910	21907	21819
Borger city	City	14302	13251	13090	13083	13024
Fritch city (pt.)	City	2226	2109	2083	2083	2075
Sanford town	Town	203	164	163	163	163
Stinnett city	City	1936	1881	1867	1869	1864
Balance of Hutchinson County	Balance of County	5190	4745	4707	4709	4693
Irion County	County	1771	1599	1610	1577	1612
Mertzon city	City	839	781	786	770	788
Balance of Irion County	Balance of County	932	818	824	807	824
Jack County	County	8763	9044	9042	8980	8957
Bryson city	City	528	539	537	531	529
Jacksboro city	City	4533	4511	4519	4502	4500
Balance of Jack County	Balance of County	3702	3994	3986	3947	3928
Jackson County	County	14391	14075	14005	14252	14591
Edna city	City	5899	5499	5487	5581	5718
Ganado city	City	1915	2003	1964	2002	2048
La Ward city	City	200	213	213	217	222
Balance of Jackson County	Balance of County	6377	6360	6341	6452	6603
Jasper County	County	35604	35710	36298	35881	35649
Browndell city	City	219	197	202	200	199
Jasper city	City	8247	7590	7795	7707	7656
Kirbyville city	City	2085	2142	2186	2158	2141
Balance of Jasper County	Balance of County	25053	25781	26115	25816	25653
Jeff Davis County	County	2207	2342	2309	2314	2253
Valentine town	Town	187	134	132	133	129
Balance of Jeff Davis County	Balance of County	2020	2208	2177	2181	2124
Jefferson County	County	252051	252273	253298	251306	252358
Beaumont city	City	113866	118296	117804	116894	117796
Bevil Oaks city	City	1346	1274	1261	1245	1249
China city	City	1112	1160	1146	1131	1128
Groves city	City	15733	16144	16025	15851	15804
Nederland city	City	17422	17547	17554	17477	17563
Nome city	City	515	588	572	566	564
Port Arthur city (pt.)	City	57755	53814	54356	54021	54127
Port Neches city	City	13601	13040	12965	12825	12784
Taylor Landing city	City		228	228	228	228
Balance of Jefferson County	Balance of County	30701	30182	31387	31068	31115
Jim Hogg County	County	5281	5300	5291	5261	5245
Jim Wells County	County	39326	40838	41216	41670	41680
Alice city	City	19010	19104	19297	19538	19576
Orange Grove city	City	1288	1318	1332	1349	1354
Premont city	City	2772	2653	2675	2701	2694
San Diego city (pt.)	City	825	900	907	918	918
Balance of Jim Wells County	Balance of County	15357	16863	17005	17164	17138
Johnson County	County	126811	150934	151989	153341	154707
Alvarado city	City	3288	3785	3799	3812	3819
Briaroaks city	City	493	492	491	493	492
Burleson city (pt.)	City	17514	29111	30312	30821	32065
Cleburne city	City	26005	29337	29669	29830	29747
Coyote Flats city	City			311	313	312
Cresson city (pt.)	City		108	108	108	108
Cross Timber town	Town	277	268	270	271	271
Crowley city (pt.)	City	0	31	31	31	31
Fort Worth city (pt.)	City			0	0	0
Godley city	City	879	1009	1008	1029	1027
Grandview city	City	1358	1561	1567	1576	1568
Joshua city	City	4528	5910	5883	5932	5935
Keene city	City	5003	6106	6056	6065	6076
Mansfield city (pt.)	City	622	1652	1659	1675	1695
Rio Vista city	City	656	873	878	888	909
Venus town (pt.)	Town	910	2895	2952	3003	3055
Balance of Johnson County	Balance of County	65278	67796	66995	67494	67597
Jones County	County	20785	20202	20269	19905	19859
Abilene city (pt.)	City	5488	5145	5581	5609	5617
Anson city	City	2556	2430	2398	2357	2347
Hamlin city (pt.)	City	2248	2124	2110	2068	2059
Hawley city	City	646	634	627	615	613
Lueders city (pt.)	City	300	346	345	339	338
Stamford city (pt.)	City	3593	3091	3072	3020	3007
Balance of Jones County	Balance of County	5954	6432	6136	5897	5878
Karnes County	County	15446	14824	14957	14873	15081
Falls City city	City	591	611	619	634	648
Karnes City city	City	3457	3042	3082	3157	3233
Kenedy city	City	3487	3296	3328	3403	3437
Runge town	Town	1080	1031	1038	1062	1070
Balance of Karnes County	Balance of County	6831	6844	6890	6617	6693
Kaufman County	County	71313	103350	105272	106686	108568
Combine city (pt.)	City	1164	1252	1271	1285	1305
Cottonwood city	City	181	185	191	192	195
Crandall city	City	2774	2858	2945	2985	3043
Dallas city (pt.)	City	0	0	0	0	0
Forney city	City	5588	14661	15365	15927	16650
Grays Prairie village	Village	296	337	339	343	348
Heath city (pt.)	City		0	0	0	0
Kaufman city	City	6490	6703	6779	6837	6922
Kemp city	City	1133	1154	1171	1186	1199
Mabank town (pt.)	Town	1833	2261	2303	2324	2354
Mesquite city (pt.)	City	1	93	128	129	131
Oak Grove town	Town	710	603	615	626	640
Oak Ridge town	Town	400	495	505	511	520
Post Oak Bend City town	Town	404	595	611	618	626
Rosser village	Village	379	332	337	341	345
Scurry town	Town		681	691	699	709
Seagoville city (pt.)	City	7	20	22	23	23
Seven Points city (pt.)	City	0	70	66	67	68
Talty town	Town	1028	1535	1724	1743	1773
Terrell city	City	13606	15816	15994	16136	16347
Balance of Kaufman County	Balance of County	35319	53699	54215	54714	55370
Kendall County	County	23743	33410	34676	35968	37766
Boerne city	City	6178	10471	11114	11641	12384
Fair Oaks Ranch city (pt.)	City	650	1492	1551	1609	1693
Balance of Kendall County	Balance of County	16915	21447	22011	22718	23689
Kenedy County	County	414	416	435	434	412
Kent County	County	859	808	822	843	807
Jayton city	City	513	534	542	556	533
Balance of Kent County	Balance of County	346	274	280	287	274
Kerr County	County	43653	49625	49631	49826	49953
Ingram city	City	1740	1804	1802	1805	1809
Kerrville city	City	20425	22347	22431	22577	22663
Balance of Kerr County	Balance of County	21488	25474	25398	25444	25481
Kimble County	County	4468	4607	4596	4547	4481
Junction city	City	2618	2574	2563	2537	2498
Balance of Kimble County	Balance of County	1850	2033	2033	2010	1983
King County	County	356	286	261	278	285
Kinney County	County	3379	3598	3600	3594	3586
Brackettville city	City	1876	1688	1686	1681	1675
Spofford city	City	75	95	95	96	95
Balance of Kinney County	Balance of County	1428	1815	1819	1817	1816
Kleberg County	County	31549	32061	32074	32114	32101
Corpus Christi city (pt.)	City	0	0	0	0	0
Kingsville city	City	25575	26213	26244	26307	26312
Balance of Kleberg County	Balance of County	5974	5848	5830	5807	5789
Knox County	County	4253	3719	3742	3770	3767
Benjamin city	City	264	258	260	263	263
Goree city	City	321	203	205	207	207
Knox City town	Town	1219	1130	1139	1152	1152
Munday city	City	1527	1300	1305	1306	1306
Balance of Knox County	Balance of County	922	828	833	842	839
Lamar County	County	48499	49793	50001	49881	49426
Blossom city	City	1439	1494	1535	1546	1541
Deport city (pt.)	City	664	526	526	523	516
Paris city	City	25898	25171	25225	25153	24912
Reno city	City	2767	3166	3218	3247	3234
Roxton city	City	694	650	653	650	644
Sun Valley city	City	51	69	69	69	69
Toco city	City	89	75	75	75	74
Balance of Lamar County	Balance of County	16897	18642	18700	18618	18436
Lamb County	County	14709	13977	14099	13929	13775
Amherst city	City	791	721	722	717	708
Earth city	City	1109	1065	1074	1060	1048
Littlefield city	City	6507	6372	6439	6347	6274
Olton city	City	2288	2215	2227	2211	2186
Springlake town	Town	135	108	109	108	107
Sudan city	City	1039	958	969	958	949
Balance of Lamb County	Balance of County	2840	2538	2559	2528	2503
Lampasas County	County	17762	19677	19933	20146	20222
Copperas Cove city (pt.)	City	137	575	596	608	621
Kempner city	City	1004	1089	1101	1112	1117
Lampasas city	City	6786	6681	6812	6885	6911
Lometa city	City	782	856	869	877	877
Balance of Lampasas County	Balance of County	9053	10476	10555	10664	10696
La Salle County	County	5866	6886	6983	7104	7369
Cotulla city	City	3614	3603	3668	3765	4022
Encinal city	City	629	559	567	577	579
Balance of La Salle County	Balance of County	1623	2724	2748	2762	2768
Lavaca County	County	19210	19263	19228	19476	19581
Hallettsville city	City	2345	2550	2553	2586	2593
Moulton town	Town	944	886	881	887	890
Shiner city	City	2070	2069	2064	2092	2107
Yoakum city (pt.)	City	3594	3677	3673	3728	3759
Balance of Lavaca County	Balance of County	10257	10081	10057	10183	10232
Lee County	County	15657	16612	16624	16593	16628
Giddings city	City	5105	4881	4900	4898	5009
Lexington town	Town	1178	1177	1178	1173	1164
Balance of Lee County	Balance of County	9374	10554	10546	10522	10455
Leon County	County	15335	16801	16852	16789	16742
Buffalo city	City	1804	1856	1859	1850	1846
Centerville city	City	903	892	893	893	892
Jewett city	City	861	1167	1177	1171	1165
Leona city	City	181	175	176	176	175
Marquez city	City	220	263	263	263	262
Normangee town (pt.)	Town	675	609	610	607	604
Oakwood town (pt.)	Town	462	473	476	474	474
Balance of Leon County	Balance of County	10229	11366	11398	11355	11324
Liberty County	County	70154	75643	75939	76349	76907
Ames city	City	1079	1003	1009	1017	1027
Cleveland city (pt.)	City	7605	7666	7651	7667	7698
Daisetta city	City	1034	966	963	964	967
Dayton city	City	5709	7242	7297	7340	7390
Dayton Lakes city	City	101	93	93	93	94
Devers city	City	416	447	447	448	451
Hardin city	City	755	819	831	838	840
Kenefick town	Town	667	563	562	567	572
Liberty city	City	8033	8397	8561	8758	8836
Mont Belvieu city (pt.)	City	0	0	0	0	0
North Cleveland city	City	263	247	247	248	249
Old River-Winfree city (pt.)	City		141	143	143	144
Plum Grove city	City	930	600	601	606	612
Balance of Liberty County	Balance of County	43562	47459	47534	47660	48027
Limestone County	County	22051	23384	23524	23601	23326
Coolidge town	Town	848	955	960	961	950
Groesbeck city	City	4291	4328	4342	4353	4309
Kosse town	Town	497	464	468	469	464
Mart city (pt.)	City	0	2	2	2	2
Mexia city	City	6563	7459	7487	7536	7444
Tehuacana town	Town	307	283	285	286	283
Thornton town	Town	525	526	531	532	526
Balance of Limestone County	Balance of County	9020	9367	9449	9462	9348
Lipscomb County	County	3057	3302	3350	3451	3485
Booker town (pt.)	Town	1306	1502	1520	1556	1572
Darrouzett town	Town	303	350	360	371	373
Follett city	City	412	459	465	482	488
Higgins city	City	425	397	403	419	424
Balance of Lipscomb County	Balance of County	611	594	602	623	628
Live Oak County	County	12309	11531	11524	11669	11867
George West city	City	2524	2445	2452	2479	2520
Three Rivers city	City	1878	1848	1862	1877	1927
Balance of Live Oak County	Balance of County	7712	7238	7210	7313	7420
Llano County	County	17044	19301	18988	19148	19444
Horseshoe Bay city (pt.)	City		2682	2616	2630	2689
Llano city	City	3325	3232	3254	3257	3305
Sunrise Beach Village city	City	704	713	693	703	719
Balance of Llano County	Balance of County	13015	12674	12425	12558	12731
Loving County	County	67	82	95	78	95
Lubbock County	County	242628	278831	283361	285998	289324
Abernathy city (pt.)	City	708	697	707	703	707
Buffalo Springs village	Village	493	453	456	455	456
Idalou city	City	2157	2250	2318	2308	2317
Lubbock city	City	199564	229573	233634	236326	239538
New Deal town	Town	708	794	799	798	797
Ransom Canyon town	Town	1011	1096	1110	1112	1112
Shallowater city	City	2086	2484	2500	2503	2518
Slaton city	City	6109	6121	6119	6085	6078
Wolfforth city	City	2554	3670	3791	3894	3991
Balance of Lubbock County	Balance of County	27238	31693	31927	31814	31810
Lynn County	County	6550	5915	5882	5777	5723
New Home city	City	320	334	333	330	334
O’Donnell city (pt.)	City	900	713	710	698	692
Tahoka city	City	2910	2673	2658	2607	2580
Wilson city	City	532	489	484	476	469
Balance of Lynn County	Balance of County	1888	1706	1697	1666	1648
McCulloch County	County	8205	8283	8288	8303	8330
Brady city	City	5523	5528	5533	5539	5553
Melvin town	Town	155	178	179	179	181
Balance of McCulloch County	Balance of County	2527	2577	2576	2585	2596
McLennan County	County	213517	234906	237902	239542	241481
Bellmead city	City	9214	9901	9956	10013	10047
Beverly Hills city	City	2113	1995	2010	2008	2010
Bruceville-Eddy city (pt.)	City	1488	1471	1485	1484	1486
Crawford town	Town	705	717	727	730	735
Gholson city	City	922	1061	1070	1068	1069
Golinda city (pt.)	City	87	146	148	148	148
Hallsburg city	City	518	507	512	512	517
Hewitt city	City	11085	13549	13801	13923	14054
Lacy-Lakeview city	City	5764	6489	6555	6557	6627
Leroy city	City	335	337	340	341	342
Lorena city	City	1433	1691	1711	1709	1723
Mart city (pt.)	City	2273	2207	1900	1905	1909
McGregor city (pt.)	City	4727	4987	5047	5049	5051
Moody city	City	1400	1371	1378	1375	1377
Riesel city	City	973	1007	1015	1013	1017
Robinson city	City	7845	10509	10861	11080	11300
Ross city	City	228	283	286	286	287
Valley Mills city (pt.)	City	3	13	13	13	13
Waco city	City	113726	124805	126569	127771	129030
West city	City	2692	2807	2830	2827	2834
Woodway city	City	8733	8452	8569	8604	8671
Balance of McLennan County	Balance of County	37253	40601	41119	41126	41234
McMullen County	County	851	707	701	730	764
Madison County	County	12940	13664	13726	13717	13781
Madisonville city	City	4159	4396	4453	4463	4536
Midway city	City	288	228	228	228	228
Normangee town (pt.)	Town	44	76	76	76	76
Balance of Madison County	Balance of County	8449	8964	8969	8950	8941
Marion County	County	10941	10546	10457	10320	10235
Jefferson city	City	2024	2106	2093	2059	2055
Balance of Marion County	Balance of County	8917	8440	8364	8261	8180
Martin County	County	4746	4799	4918	5023	5312
Ackerly city (pt.)	City	82	62	64	65	69
Midland city (pt.)	City	0	0	0	0	0
Stanton city	City	2556	2492	2558	2613	2765
Balance of Martin County	Balance of County	2108	2245	2296	2345	2478
Mason County	County	3738	4012	4021	4027	4128
Mason city	City	2134	2114	2125	2132	2186
Balance of Mason County	Balance of County	1604	1898	1896	1895	1942
Matagorda County	County	37957	36702	36717	36580	36592
Bay City city	City	18667	17614	17612	17534	17509
Palacios city	City	5153	4718	4702	4670	4661
Balance of Matagorda County	Balance of County	14137	14370	14403	14376	14422
Maverick County	County	47297	54258	55125	55432	55932
Eagle Pass city	City	22413	26248	27034	27366	27708
Balance of Maverick County	Balance of County	24884	28010	28091	28066	28224
Medina County	County	39304	46006	46529	46871	47399
Castroville city	City	2664	2680	2825	2849	2883
Devine city	City	4140	4350	4419	4454	4543
Hondo city	City	7897	8803	8870	8930	9002
LaCoste city	City	1255	1119	1132	1138	1150
Lytle city (pt.)	City	323	457	471	477	491
Natalia city	City	1663	1431	1439	1454	1470
San Antonio city (pt.)	City		26	26	27	27
Balance of Medina County	Balance of County	21362	27140	27347	27542	27833
Menard County	County	2360	2242	2223	2230	2148
Menard city	City	1653	1471	1459	1464	1412
Balance of Menard County	Balance of County	707	771	764	766	736
Midland County	County	116009	136872	140001	146786	151468
Midland city (pt.)	City	94996	111147	113903	119665	123933
Odessa city (pt.)	City	1042	1670	1729	1831	1904
Balance of Midland County	Balance of County	19971	24055	24369	25290	25631
Milam County	County	24238	24757	24651	24130	24167
Buckholts town	Town	387	515	514	504	506
Cameron city	City	5634	5552	5535	5425	5428
Milano city	City	400	428	427	419	420
Rockdale city	City	5439	5595	5534	5406	5411
Thorndale city (pt.)	City	1278	1334	1330	1299	1303
Balance of Milam County	Balance of County	11100	11333	11311	11077	11099
Mills County	County	5151	4936	4871	4846	4907
Goldthwaite city	City	1802	1878	1855	1845	1868
Mullin town	Town	175	179	175	174	177
Balance of Mills County	Balance of County	3174	2879	2841	2827	2862
Mitchell County	County	9698	9403	9391	9337	9402
Colorado City city	City	4281	4146	4135	4097	4125
Loraine town	Town	656	602	601	594	607
Westbrook city	City	203	253	253	252	254
Balance of Mitchell County	Balance of County	4558	4402	4402	4394	4416
Montague County	County	19117	19719	19763	19584	19503
Bowie city	City	5219	5218	5238	5209	5197
Nocona city	City	3198	3033	3034	3002	2988
St. Jo city	City	977	1043	1043	1032	1026
Balance of Montague County	Balance of County	9384	10425	10448	10341	10292
Montgomery County	County	293768	455746	471748	484790	499137
Cleveland city (pt.)	City		9	9	9	9
Conroe city	City	36811	56207	59506	61809	63032
Cut and Shoot city	City	1158	1070	1078	1084	1089
Houston city (pt.)	City	458	4047	4131	4195	4276
Magnolia city	City	1111	1393	1435	1485	1547
Montgomery city	City	489	621	647	662	676
Oak Ridge North city	City	2991	3049	3097	3125	3145
Panorama Village city	City	1965	2170	2208	2224	2249
Patton Village city	City	1391	1557	1579	1589	1598
Roman Forest town	Town	1279	1538	1662	1753	1782
Shenandoah city	City	1503	2134	2241	2394	2555
Splendora city	City	1275	1615	1638	1646	1655
Stagecoach town	Town	455	538	550	558	562
Tomball city (pt.)	City	0	0	0	0	0
Willis city	City	3985	5662	5915	5948	6076
Woodbranch city	City	1305	1282	1315	1333	1351
Woodloch town	Town	247	207	211	212	214
Balance of Montgomery County	Balance of County	237345	372647	384526	394764	407321
Moore County	County	20121	21904	22065	22373	22141
Cactus city	City	2538	3179	3191	3223	3157
Dumas city	City	13747	14691	14814	15044	14958
Fritch city (pt.)	City	9	8	8	8	8
Sunray city	City	1950	1926	1937	1960	1922
Balance of Moore County	Balance of County	1877	2100	2115	2138	2096
Morris County	County	13048	12934	12837	12801	12834
Daingerfield city	City	2517	2560	2536	2524	2526
Hughes Springs city (pt.)	City	8	6	6	6	6
Lone Star city	City	1631	1581	1570	1564	1569
Naples city	City	1410	1378	1367	1367	1371
Omaha city	City	999	1021	1023	1020	1022
Balance of Morris County	Balance of County	6483	6388	6335	6320	6340
Motley County	County	1426	1210	1211	1195	1196
Matador town	Town	740	607	613	604	605
Roaring Springs town	Town	265	234	234	231	231
Balance of Motley County	Balance of County	421	369	364	360	360
Nacogdoches County	County	59203	64524	65621	65808	65330
Appleby city	City	444	474	476	479	472
Chireno city	City	405	386	389	392	386
Cushing city	City	637	612	615	616	608
Garrison city	City	844	895	909	913	899
Nacogdoches city	City	29914	32996	33807	33847	33868
Balance of Nacogdoches County	Balance of County	26959	29161	29425	29561	29097
Navarro County	County	45124	47735	47956	48077	48038
Angus city	City	334	414	413	411	407
Barry city	City	209	242	243	243	242
Blooming Grove town	Town	833	821	825	823	818
Corsicana city	City	24485	23770	23974	24023	23937
Dawson town	Town	852	807	807	805	801
Emhouse town	Town	159	133	133	133	135
Eureka city	City	340	307	311	311	310
Frost city	City	648	643	642	652	647
Goodlow city	City	264	200	200	201	200
Kerens city	City	1681	1573	1573	1572	1562
Mildred town	Town	405	368	375	375	374
Mustang town	Town	47	21	21	21	21
Navarro town	Town	191	210	210	210	209
Oak Valley town	Town	401	368	371	369	366
Powell town	Town	105	136	136	136	138
Retreat town	Town	339	377	380	383	384
Rice city	City	798	923	920	917	922
Richland town	Town	291	264	269	269	266
Streetman town (pt.)	Town	1	0	0	0	0
Balance of Navarro County	Balance of County	12741	16158	16153	16223	16299
Newton County	County	15072	14445	14441	14240	14140
Newton city	City	2459	2478	2468	2439	2423
Balance of Newton County	Balance of County	12613	11967	11973	11801	11717
Nolan County	County	15802	15216	15125	14906	15037
Blackwell city (pt.)	City	354	296	295	291	295
Roscoe city	City	1378	1322	1323	1302	1312
Sweetwater city	City	11415	10906	10833	10671	10762
Balance of Nolan County	Balance of County	2655	2692	2674	2642	2668
Nueces County	County	313645	340223	343053	347594	352107
Agua Dulce city	City	737	812	815	822	828
Aransas Pass city (pt.)	City	70	14	14	14	14
Bishop city	City	3305	3134	3139	3165	3180
Corpus Christi city (pt.)	City	277450	305215	307944	312154	316381
Driscoll city	City	825	739	745	752	757
Ingleside city (pt.)	City	0	0	0	0	0
Petronila city	City	83	113	113	114	115
Port Aransas city	City	3370	3480	3564	3663	3778
Portland city (pt.)	City	0	0	0	0	0
Robstown city	City	12727	11487	11512	11608	11688
Balance of Nueces County	Balance of County	15029	15229	15207	15302	15366
Ochiltree County	County	9006	10223	10462	10660	10806
Booker town (pt.)	Town	9	14	14	15	15
Perryton city	City	7774	8802	9005	9173	9300
Balance of Ochiltree County	Balance of County	1223	1407	1443	1472	1491
Oldham County	County	2185	2052	2077	2050	2102
Adrian city	City	159	166	168	166	170
Vega city	City	936	884	900	887	916
Balance of Oldham County	Balance of County	1090	1002	1009	997	1016
Orange County	County	84966	81837	82341	82988	82957
Bridge City city	City	8651	7840	7905	7917	7899
Orange city	City	18643	18595	18692	18982	18922
Pine Forest city	City	632	487	491	493	494
Pinehurst city	City	2274	2097	2094	2091	2081
Port Arthur city (pt.)	City	0	4	8	8	8
Rose City city	City	519	502	506	508	509
Vidor city	City	11440	10579	10742	10945	10906
West Orange city	City	4111	3443	3454	3460	3447
Balance of Orange County	Balance of County	38696	38290	38449	38584	38691
Palo Pinto County	County	27026	28111	28138	27883	27889
Gordon city	City	451	478	474	471	472
Graford city	City	578	584	580	573	571
Mineral Wells city (pt.)	City	14770	14644	14752	14619	14622
Mingus city	City	246	235	234	233	233
Strawn city	City	739	653	649	642	641
Balance of Palo Pinto County	Balance of County	10242	11517	11449	11345	11350
Panola County	County	22756	23796	24035	24018	23870
Beckville city	City	752	847	854	852	846
Carthage city	City	6664	6779	6875	6887	6854
Gary City town	Town	303	311	312	312	310
Tatum city (pt.)	City	215	267	270	270	269
Balance of Panola County	Balance of County	14822	15592	15724	15697	15591
Parker County	County	88495	116927	118269	119626	121418
Aledo city	City	1726	2716	2773	2820	2896
Annetta North town	Town	467	518	545	549	555
Annetta South town	Town	555	526	531	535	541
Annetta town	Town	1108	1288	1297	1310	1325
Azle city (pt.)	City	1563	1765	1781	1798	1820
Cool city	City	162	157	158	160	161
Cresson city (pt.)	City		406	408	413	418
Fort Worth city (pt.)	City		7	7	7	7
Hudson Oaks city	City	1637	1662	1722	1771	1865
Millsap town	Town	353	403	407	410	414
Mineral Wells city (pt.)	City	2176	2144	2147	2150	2151
Reno city (pt.)	City	2441	2485	2502	2527	2564
Sanctuary town	Town	256	329	330	333	334
Springtown city (pt.)	City	2062	2658	2681	2697	2722
Weatherford city	City	19000	25250	25823	26467	27021
Willow Park city	City	2849	3982	4110	4201	4470
Balance of Parker County	Balance of County	52140	70631	71047	71478	72154
Parmer County	County	10016	10269	10295	10168	9965
Bovina city	City	1874	1868	1867	1843	1805
Farwell city	City	1364	1363	1366	1349	1321
Friona city	City	3854	4123	4132	4078	3994
Balance of Parmer County	Balance of County	2924	2915	2930	2898	2845
Pecos County	County	16809	15507	15636	15589	15697
Fort Stockton city	City	7846	8283	8366	8319	8384
Iraan city	City	1238	1229	1239	1232	1240
Balance of Pecos County	Balance of County	7725	5995	6031	6038	6073
Polk County	County	41133	45413	45607	45737	45790
Corrigan town	Town	1721	1595	1590	1571	1551
Goodrich city	City	243	271	270	269	266
Livingston town	Town	5433	5335	5292	5250	5200
Onalaska city	City	1174	1764	1730	1723	1709
Seven Oaks city	City	131	111	111	110	111
Balance of Polk County	Balance of County	32431	36337	36614	36814	36953
Potter County	County	113546	121073	122059	122413	121661
Amarillo city (pt.)	City	99833	105486	106473	106935	106397
Bishop Hills town	Town	210	193	193	193	189
Balance of Potter County	Balance of County	13503	15394	15393	15285	15075
Presidio County	County	7304	7818	7724	7506	7201
Marfa city	City	2121	1981	1955	1896	1819
Presidio city	City	4167	4426	4374	4252	4079
Balance of Presidio County	Balance of County	1016	1411	1395	1358	1303
Rains County	County	9139	10914	11027	10962	11065
Alba town (pt.)	Town	0	2	2	2	2
East Tawakoni city	City	775	883	887	882	893
Emory city	City	1021	1239	1241	1242	1250
Point city	City	792	820	828	821	827
Balance of Rains County	Balance of County	6551	7970	8069	8015	8093
Randall County	County	104312	120725	123542	125022	126474
Amarillo city (pt.)	City	73794	85209	87396	88615	90032
Canyon city	City	12875	13303	13683	13820	13913
Happy town (pt.)	Town	35	61	62	62	62
Lake Tanglewood village	Village	825	796	820	833	842
Palisades village	Village	352	325	330	333	330
Timbercreek Canyon village	Village	406	418	427	433	435
Balance of Randall County	Balance of County	16025	20613	20824	20926	20860
Reagan County	County	3326	3367	3392	3481	3601
Big Lake city	City	2885	2936	2958	3035	3139
Balance of Reagan County	Balance of County	441	431	434	446	462
Real County	County	3047	3309	3425	3371	3350
Camp Wood city	City	822	706	727	714	707
Leakey city	City	387	425	442	436	434
Balance of Real County	Balance of County	1838	2178	2256	2221	2209
Red River County	County	14314	12860	12692	12696	12470
Annona town	Town	282	315	309	309	304
Avery town	Town	462	482	471	472	463
Bogata city	City	1396	1153	1145	1143	1119
Clarksville city	City	3883	3285	3234	3230	3179
Deport city (pt.)	City	54	52	51	51	51
Detroit town	Town	776	732	723	724	711
Balance of Red River County	Balance of County	7461	6841	6759	6767	6643
Reeves County	County	13137	13783	13727	13820	13965
Balmorhea city	City	527	479	477	482	490
Pecos city	City	9501	8780	8722	8790	8903
Toyah town	Town	100	90	90	91	92
Balance of Reeves County	Balance of County	3009	4434	4438	4457	4480
Refugio County	County	7828	7383	7308	7254	7305
Austwell city	City	192	147	146	147	149
Bayside town	Town	360	325	325	323	328
Refugio town	Town	2941	2890	2860	2837	2860
Woodsboro town	Town	1685	1512	1494	1482	1489
Balance of Refugio County	Balance of County	2650	2509	2483	2465	2479
Roberts County	County	887	929	833	852	831
Miami city	City	588	597	535	548	534
Balance of Roberts County	Balance of County	299	332	298	304	297
Robertson County	County	16000	16622	16694	16493	16486
Bremond city	City	876	929	924	917	914
Calvert city	City	1426	1192	1190	1158	1155
Franklin city	City	1470	1564	1627	1622	1618
Hearne city	City	4690	4459	4488	4442	4443
Balance of Robertson County	Balance of County	7538	8478	8465	8354	8356
Rockwall County	County	43080	78337	81184	83028	85245
Dallas city (pt.)	City	21	56	10	10	10
Fate city	City	497	6357	7226	7578	8197
Garland city (pt.)	City	0	2	2	2	2
Heath city (pt.)	City	4149	6921	7449	7627	7764
McLendon-Chisholm city	City	914	1373	1424	1497	1669
Mobile City city	City	196	188	186	188	188
Rockwall city	City	17976	37490	39102	39977	40922
Rowlett city (pt.)	City	7041	7011	7116	7154	7189
Royse City city (pt.)	City	2769	8000	8244	8467	8758
Wylie city (pt.)	City	315	1055	1076	1093	1104
Balance of Rockwall County	Balance of County	9202	9884	9349	9435	9442
Runnels County	County	11495	10501	10559	10425	10309
Ballinger city	City	4243	3767	3781	3732	3689
Miles city	City	850	829	857	845	836
Winters city	City	2880	2562	2580	2547	2517
Balance of Runnels County	Balance of County	3522	3343	3341	3301	3267
Rusk County	County	47372	53330	53706	54013	53622
Easton city (pt.)	City	37	52	52	53	52
Henderson city	City	11273	13712	13766	13827	13700
Kilgore city (pt.)	City	2580	3013	3285	3394	3497
Mount Enterprise city	City	525	447	451	454	449
New London city	City	987	998	1002	1006	994
Overton city (pt.)	City	2215	2374	2381	2381	2354
Reklaw city (pt.)	City	116	161	162	163	162
Tatum city (pt.)	City	960	1118	1126	1130	1117
Balance of Rusk County	Balance of County	28679	31455	31481	31605	31297
Sabine County	County	10469	10834	10645	10429	10361
Hemphill city	City	1106	1198	1241	1216	1207
Pineland city	City	980	850	844	827	822
Balance of Sabine County	Balance of County	8383	8786	8560	8386	8332
San Augustine County	County	8946	8865	8873	8850	8769
Broaddus town	Town	189	207	208	208	206
San Augustine city	City	2475	2108	2119	2117	2097
Balance of San Augustine County	Balance of County	6282	6550	6546	6525	6466
San Jacinto County	County	22246	26384	26858	27083	26856
Coldspring city	City	691	853	884	891	884
Point Blank city	City	559	688	707	714	708
Shepherd city	City	2029	2319	2365	2392	2372
Balance of San Jacinto County	Balance of County	18737	22524	22902	23086	22892
San Patricio County	County	67138	64804	64349	65268	66137
Aransas Pass city (pt.)	City	7201	7466	7408	7487	7562
Corpus Christi city (pt.)	City	4	0	0	0	0
Gregory city	City	2318	1907	1883	1904	1938
Ingleside city (pt.)	City	9388	9387	9308	9448	9557
Ingleside on the Bay city	City	659	615	611	617	624
Lake City town	Town	526	509	502	508	512
Lakeside town	Town	333	312	309	313	314
Mathis city	City	5034	4942	4892	4955	5001
Odem city	City	2499	2389	2408	2430	2448
Portland city (pt.)	City	14827	15099	15075	15380	15711
San Patricio city	City	269	395	384	386	387
Sinton city	City	5676	5665	5610	5668	5723
Taft city	City	3396	3048	3008	3038	3064
Balance of San Patricio County	Balance of County	15008	13070	12951	13134	13296
San Saba County	County	6186	6131	6060	6016	6012
Richland Springs town	Town	350	338	335	333	333
San Saba city	City	2637	3099	3146	3120	3115
Balance of San Saba County	Balance of County	3199	2694	2579	2563	2564
Schleicher County	County	2935	3461	3305	3256	3206
Eldorado city	City	1951	1951	1862	1835	1809
Balance of Schleicher County	Balance of County	984	1510	1443	1421	1397
Scurry County	County	16361	16921	16891	17117	17302
Snyder city	City	10783	11202	11204	11343	11532
Balance of Scurry County	Balance of County	5578	5719	5687	5774	5770
Shackelford County	County	3302	3378	3339	3368	3375
Albany city	City	1921	2034	2010	2028	2032
Lueders city (pt.)	City	0	0	0	0	0
Moran city	City	233	270	267	270	271
Balance of Shackelford County	Balance of County	1148	1074	1062	1070	1072
Shelby County	County	25224	25448	25669	25977	25792
Center city	City	5678	5193	5239	5298	5277
Huxley city	City	298	385	378	382	378
Joaquin city	City	925	824	829	841	836
Tenaha town	Town	1046	1160	1167	1181	1172
Timpson city	City	1094	1155	1166	1181	1171
Balance of Shelby County	Balance of County	16183	16731	16890	17094	16958
Sherman County	County	3186	3034	3040	3057	3093
Stratford city	City	1991	2017	2029	2045	2073
Texhoma city	City	371	346	345	346	349
Balance of Sherman County	Balance of County	824	671	666	666	671
Smith County	County	174706	209714	212891	214617	216080
Arp city	City	901	970	977	981	983
Bullard town (pt.)	Town	1097	2416	2496	2551	2611
Hideaway city	City		3083	3129	3156	3184
Lindale city	City	2954	4818	5022	5173	5323
New Chapel Hill city	City	553	594	600	605	607
Noonday city	City	515	777	789	794	798
Overton city (pt.)	City	135	180	182	184	185
Troup city (pt.)	City	1909	1808	1830	1842	1843
Tyler city	City	83650	96900	98565	99390	100223
Whitehouse city	City	5346	7660	7807	7888	7947
Winona town	Town	582	576	583	585	586
Balance of Smith County	Balance of County	77064	89932	90911	91468	91790
Somervell County	County	6809	8490	8478	8624	8658
Glen Rose city	City	2122	2444	2463	2519	2536
Balance of Somervell County	Balance of County	4687	6046	6015	6105	6122
Starr County	County	53597	60968	61580	61669	61963
Escobares city	City		1188	2370	2370	2384
La Grulla city	City	1211	1622	1638	1640	1647
Rio Grande City city	City	11923	13834	13934	13957	14021
Roma city	City	9617	9765	9868	9882	9929
Balance of Starr County	Balance of County	30846	34559	33770	33820	33982
Stephens County	County	9674	9630	9511	9439	9247
Breckenridge city	City	5868	5780	5698	5649	5525
Balance of Stephens County	Balance of County	3806	3850	3813	3790	3722
Sterling County	County	1393	1143	1166	1183	1219
Sterling City city	City	1081	888	905	918	945
Balance of Sterling County	Balance of County	312	255	261	265	274
Stonewall County	County	1693	1490	1477	1470	1432
Aspermont town	Town	1021	919	912	905	881
Balance of Stonewall County	Balance of County	672	571	565	565	551
Sutton County	County	4077	4128	4011	3939	4006
Sonora city	City	2924	3027	2941	2886	2934
Balance of Sutton County	Balance of County	1153	1101	1070	1053	1072
Swisher County	County	8378	7854	7819	7880	7763
Happy town (pt.)	Town	612	617	613	618	609
Kress city	City	826	715	713	721	711
Tulia city	City	5117	4967	4929	4977	4903
Balance of Swisher County	Balance of County	1823	1555	1564	1564	1540
Tarrant County	County	1446219	1809034	1848096	1881445	1911541
Arlington city	City	332969	365438	370900	376215	379577
Azle city (pt.)	City	8037	9182	9322	9433	9514
Bedford city	City	47152	46979	47721	48245	48592
Benbrook city	City	20208	21234	21619	21962	22206
Blue Mound city	City	2388	2394	2425	2449	2464
Burleson city (pt.)	City	3462	7579	8039	8230	8649
Colleyville city	City	19636	22807	23348	23957	24500
Crowley city (pt.)	City	7467	12807	13299	13553	14071
Dalworthington Gardens city	City	2186	2259	2293	2319	2336
Edgecliff Village town	Town	2550	2776	2892	2922	2939
Euless city	City	46005	51277	52154	52815	53224
Everman city	City	5836	6108	6178	6236	6269
Flower Mound town (pt.)	Town	0	212	215	219	221
Forest Hill city	City	12949	12355	12502	12623	12700
Fort Worth city (pt.)	City	534650	733386	753660	769883	784405
Grand Prairie city (pt.)	City	27621	51864	53501	54355	55115
Grapevine city (pt.)	City	42057	46334	47145	48495	50195
Haltom City city	City	39018	42409	42903	43347	43580
Haslet city (pt.)	City	1134	1517	1541	1567	1641
Hurst city	City	36273	37337	37804	38185	38448
Keller city	City	27345	39627	40887	41957	42907
Kennedale city	City	5850	6763	6906	7051	7236
Lake Worth city	City	4618	4584	4628	4672	4700
Lakeside town	Town	1040	1307	1328	1345	1364
Mansfield city (pt.)	City	27280	54621	56289	57568	59078
Newark city (pt.)	City	0	0	0	0	0
North Richland Hills city	City	55635	63343	64387	65327	67317
Pantego town	Town	2318	2394	2430	2462	2480
Pelican Bay city	City	1505	1547	1557	1567	1573
Reno city (pt.)	City	0	9	9	9	9
Richland Hills city	City	8132	7801	7879	7952	7995
River Oaks city	City	6985	7427	7510	7578	7619
Roanoke city (pt.)	City		0	0	0	0
Saginaw city	City	12374	19806	20385	20869	21257
Sansom Park city	City	4181	4686	4732	4773	4795
Southlake city (pt.)	City	21085	25802	26349	26899	27418
Trophy Club town (pt.)	Town	0	358	392	428	465
Watauga city	City	21908	23497	23793	24037	24187
Westlake town (pt.)	Town	200	974	1000	1047	1077
Westover Hills town	Town	658	682	692	702	709
Westworth Village city	City		2472	2502	2536	2587
White Settlement city	City	14831	16116	16402	16567	16714
Balance of Tarrant County	Balance of County	36552	48964	48578	49089	49408
Taylor County	County	126555	131506	132747	133984	134117
Abilene city (pt.)	City	110442	111918	113099	114233	114482
Buffalo Gap town	Town	463	464	464	466	462
Impact town	Town	39	35	35	35	35
Lawn town	Town	353	314	316	318	316
Merkel town	Town	2637	2590	2594	2611	2592
Trent town	Town	318	337	339	341	340
Tuscola city	City	714	742	742	744	739
Tye city	City	1158	1242	1235	1237	1226
Balance of Taylor County	Balance of County	10431	13864	13923	13999	13925
Terrell County	County	1081	984	953	924	903
Terry County	County	12761	12651	12648	12614	12743
Brownfield city	City	9488	9657	9679	9640	9734
Meadow town	Town	658	593	586	586	591
Wellman city	City	203	203	202	202	205
Balance of Terry County	Balance of County	2412	2198	2181	2186	2213
Throckmorton County	County	1850	1641	1640	1609	1600
Throckmorton town	Town	905	828	827	811	807
Woodson town	Town	296	264	264	260	259
Balance of Throckmorton County	Balance of County	649	549	549	538	534
Titus County	County	28118	32334	32423	32640	32581
Miller’s Cove town	Town	120	149	149	150	150
Mount Pleasant city	City	13935	15564	15985	16130	16113
Talco city	City	570	516	515	516	513
Winfield city	City	499	524	525	528	527
Balance of Titus County	Balance of County	12994	15581	15249	15316	15278
Tom Green County	County	104010	110224	111832	113494	114954
San Angelo city	City	88439	93200	94679	96134	97492
Balance of Tom Green County	Balance of County	15571	17024	17153	17360	17462
Travis County	County	812280	1024266	1062214	1096246	1120954
Austin city (pt.)	City	644752	754691	784422	808585	827657
Bee Cave city	City	656	3925	4439	4850	5287
Briarcliff village	Village	895	1438	1477	1511	1511
Cedar Park city (pt.)	City	541	489	3134	3292	3455
Creedmoor city	City	211	202	212	217	219
Elgin city (pt.)	City	33	909	930	954	949
Jonestown city	City	1681	1834	1912	1974	1991
Lago Vista city	City	4507	6041	6283	6437	6450
Lakeway city	City	8002	11391	12152	12761	13168
Leander city (pt.)	City	0	1077	1147	1211	1288
Manor city	City	1204	5037	5444	5857	6353
Mustang Ridge city (pt.)	City	409	434	449	462	467
Pflugerville city (pt.)	City	16335	46636	50030	51676	53479
Point Venture village	Village		800	829	857	861
Rollingwood city	City	1403	1412	1461	1501	1508
Round Rock city (pt.)	City	1076	1362	1518	1559	1591
San Leanna village	Village	384	497	510	524	526
Sunset Valley city	City	365	749	666	685	684
The Hills village	Village	1492	2472	2515	2569	2568
Volente village	Village		520	534	546	552
Webberville village	Village		392	405	413	413
West Lake Hills city	City	3116	3063	3191	3258	3261
Balance of Travis County	Balance of County	125218	178895	178554	184547	186716
Trinity County	County	13779	14585	14568	14258	14393
Groveton city	City	1107	1057	1057	1035	1042
Trinity city	City	2721	2697	2695	2644	2670
Balance of Trinity County	Balance of County	9951	10831	10816	10579	10681
Tyler County	County	20871	21766	21675	21456	21464
Chester town	Town	265	312	316	314	315
Colmesneil city	City	638	596	593	585	586
Ivanhoe city	City		887	1423	1407	1408
Woodville town	Town	2415	2586	2558	2513	2513
Balance of Tyler County	Balance of County	17553	16847	16785	16637	16642
Upshur County	County	35291	39309	39832	40005	39884
Big Sandy town	Town	1288	1343	1361	1364	1358
Clarksville City city (pt.)	City	0	0	0	0	0
East Mountain city (pt.)	City	580	797	800	803	800
Gilmer city	City	4799	4905	4979	5069	5114
Gladewater city (pt.)	City	2454	2447	2486	2495	2489
Ore City city	City	1106	1144	1157	1159	1155
Union Grove city	City	346	357	364	366	364
Warren City city (pt.)	City	11	6	6	6	6
Balance of Upshur County	Balance of County	24707	28310	28679	28743	28598
Upton County	County	3404	3355	3294	3271	3372
McCamey city	City	1805	1887	1854	1836	1898
Rankin city	City	800	778	765	762	782
Balance of Upton County	Balance of County	799	690	675	673	692
Uvalde County	County	25926	26405	26560	26726	26926
Sabinal city	City	1586	1695	1701	1689	1695
Uvalde city	City	14929	15751	15876	16115	16284
Balance of Uvalde County	Balance of County	9411	8959	8983	8922	8947
Val Verde County	County	44856	48879	48867	48693	48623
Del Rio city	City	33867	35591	35644	35576	35589
Balance of Val Verde County	Balance of County	10989	13288	13223	13117	13034
Van Zandt County	County	48140	52579	52667	52407	52481
Canton city	City	3292	3581	3557	3563	3568
Edgewood town	Town	1348	1441	1443	1437	1439
Edom city	City	322	375	374	373	374
Fruitvale city	City	418	408	410	408	409
Grand Saline city	City	3028	3136	3125	3101	3106
Van city	City	2362	2632	2649	2648	2650
Wills Point city	City	3496	3524	3545	3512	3514
Balance of Van Zandt County	Balance of County	33874	37482	37564	37365	37421
Victoria County	County	84088	86793	87495	89325	90028
Victoria city	City	60603	62592	63126	64511	65098
Balance of Victoria County	Balance of County	23485	24201	24369	24814	24930
Walker County	County	61758	67861	68310	68458	68817
Huntsville city	City	35078	38548	39587	39621	39795
New Waverly city	City	950	1032	1022	1027	1030
Riverside city	City	425	510	501	501	501
Balance of Walker County	Balance of County	25305	27771	27200	27309	27491
Waller County	County	32663	43205	44041	44376	45213
Brookshire city	City	3450	4702	4747	4803	4869
Hempstead city	City	4691	5770	5980	6085	6343
Katy city (pt.)	City	804	1156	1183	1205	1242
Pattison city	City	447	472	485	486	495
Pine Island town	Town	849	988	989	993	1011
Prairie View city	City	4410	5576	5782	5797	5852
Waller city (pt.)	City	1704	1880	1912	1921	1949
Balance of Waller County	Balance of County	16308	22661	22963	23086	23452
Ward County	County	10909	10658	10703	10887	11244
Barstow city	City	406	349	351	357	369
Grandfalls town	Town	391	360	362	368	380
Monahans city (pt.)	City	6821	6953	6991	7117	7356
Pyote town	Town	131	114	115	116	121
Thorntonville town	Town	442	476	478	487	503
Wickett town	Town	455	498	498	505	519
Balance of Ward County	Balance of County	2263	1908	1908	1937	1996
Washington County	County	30373	33718	34008	33943	34147
Brenham city	City	13507	15716	16045	15977	16101
Burton city	City	359	300	300	300	302
Balance of Washington County	Balance of County	16507	17702	17663	17666	17744
Webb County	County	193117	250304	255213	259211	262495
El Cenizo city	City	3545	3273	3310	3327	3307
Laredo city	City	176576	236091	240847	244778	248142
Rio Bravo city	City	5553	4794	4849	4874	4852
Balance of Webb County	Balance of County	7443	6146	6207	6232	6194
Wharton County	County	41188	41280	41239	41150	41216
East Bernard city	City		2272	2276	2279	2289
El Campo city	City	10945	11602	11562	11490	11486
Wharton city	City	9237	8832	8801	8764	8756
Balance of Wharton County	Balance of County	21006	18574	18600	18617	18685
Wheeler County	County	5284	5410	5475	5622	5751
Mobeetie city	City	107	101	103	106	108
Shamrock city	City	2029	1910	1930	1984	2028
Wheeler city	City	1378	1592	1609	1645	1681
Balance of Wheeler County	Balance of County	1770	1807	1833	1887	1934
Wichita County	County	131664	131500	130674	131488	132047
Burkburnett city	City	10927	10811	10739	10807	10992
Cashion Community city	City		348	345	348	348
Electra city	City	3168	2791	2754	2768	2765
Iowa Park city	City	6431	6355	6312	6381	6398
Pleasant Valley town	Town	408	336	331	333	334
Wichita Falls city	City	104197	104553	103915	104546	104898
Balance of Wichita County	Balance of County	6533	6306	6278	6305	6312
Wilbarger County	County	14676	13535	13408	13235	13131
Vernon city	City	11660	11002	10896	10751	10665
Balance of Wilbarger County	Balance of County	3016	2533	2512	2484	2466
Willacy County	County	20082	22134	22115	22094	21921
Lyford city	City	1973	2611	2610	2616	2588
Raymondville city	City	9733	11284	11262	11236	11153
San Perlita city	City	680	573	572	571	567
Balance of Willacy County	Balance of County	7696	7666	7671	7671	7613
Williamson County	County	249967	422679	442339	456359	471014
Austin city (pt.)	City	11810	35697	54375	55820	57741
Bartlett city (pt.)	City	857	933	2027	2050	2053
Cedar Park city (pt.)	City	25508	48448	52216	54673	57783
Florence city	City	1054	1136	1168	1190	1194
Georgetown city	City	28339	47400	50287	52533	54898
Granger city	City	1299	1419	1458	1469	1475
Hutto city	City	1250	14698	17796	18779	19728
Jarrell city	City		984	1014	1031	1036
Leander city (pt.)	City	7596	25444	26945	28386	30429
Liberty Hill city	City	1409	967	990	1006	1071
Pflugerville city (pt.)	City	0	300	252	260	273
Round Rock city (pt.)	City	60060	98525	102436	105151	108230
Taylor city	City	13575	15191	15795	16099	16233
Thorndale city (pt.)	City	0	2	2	2	2
Thrall city	City	710	839	869	886	896
Weir city	City	591	450	465	471	472
Balance of Williamson County	Balance of County	95909	130246	114244	116553	117500
Wilson County	County	32408	42918	43689	44396	45418
Elmendorf city (pt.)	City		12	12	13	13
Floresville city	City	5868	6448	6648	6801	7021
La Vernia city	City	931	1034	1099	1115	1172
Nixon city (pt.)	City	0	7	7	7	7
Poth town	Town	1850	1908	1949	1981	2035
Stockdale city	City	1398	1442	1461	1483	1519
Balance of Wilson County	Balance of County	22361	32067	32513	32996	33651
Winkler County	County	7173	7110	7138	7345	7606
Kermit city	City	5714	5708	5730	5897	6110
Monahans city (pt.)	City	0	0	0	0	0
Wink city	City	919	940	944	972	1006
Balance of Winkler County	Balance of County	540	462	464	476	490
Wise County	County	48793	59127	59909	60387	60939
Alvord town	Town	1007	1334	1349	1361	1369
Aurora city	City	853	1220	1241	1249	1256
Boyd town	Town	1099	1207	1221	1233	1258
Bridgeport city	City	4309	5976	6048	6095	6154
Chico city	City	947	1002	1026	1033	1041
Decatur city	City	5201	6042	6163	6196	6261
Fort Worth city (pt.)	City		0	0	0	0
Lake Bridgeport city	City	372	340	344	347	351
New Fairview city	City	877	1258	1267	1274	1282
Newark city (pt.)	City	887	1005	1017	1027	1035
Paradise city	City	459	441	447	449	453
Rhome city	City	551	1522	1547	1560	1573
Runaway Bay city	City	1104	1286	1318	1343	1369
Springtown city (pt.)	City		0	0	0	0
Balance of Wise County	Balance of County	31127	36494	36921	37220	37537
Wood County	County	36752	41964	42086	42157	42306
Alba town (pt.)	Town	430	502	501	502	504
Hawkins city	City	1331	1278	1275	1317	1320
Mineola city	City	4550	4515	4506	4504	4548
Quitman city	City	2030	1809	1811	1809	1811
Winnsboro city (pt.)	City	2856	2730	2600	2625	2630
Yantis town	Town	321	388	389	390	391
Balance of Wood County	Balance of County	25234	30742	31004	31010	31102
Yoakum County	County	7322	7879	7992	8060	8184
Denver City town (pt.)	Town	3985	4479	4540	4577	4646
Plains town	Town	1450	1481	1506	1521	1546
Balance of Yoakum County	Balance of County	1887	1919	1946	1962	1992
Young County	County	17943	18550	18340	18299	18341
Graham city	City	8716	8903	8817	8799	8846
Newcastle city	City	575	585	577	575	575
Olney city	City	3396	3285	3238	3226	3223
Balance of Young County	Balance of County	5256	5777	5708	5699	5697
Zapata County	County	12182	14018	14214	14273	14390
Zavala County	County	11600	11677	11843	11973	12156
Crystal City city	City	7190	7138	7242	7327	7446
Balance of Zavala County	Balance of County	4410	4539	4601	4646	4710

 

Notes

2000 Census

Population data from the 2000 Census.

2010 Census

Population data from the 2010 Census (redistricting files).

2011 Estimate

Population estimate from the Census Bureau for 7/01/2011.

2012 Estimate

Population estimate from the Census Bureau for 7/01/2012.

2013 Estimate

Population estimate from the Census Bureau for 7/01/2013.

Balance of County

The population of the county that is not within the boundaries of one of the listed municipalities.

See hhttps://www.county.org/about-texas-counties/county-data/Documents/towns.html

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 9th, 2015 Texas Tidbits: Past and Present

Tarrant County, Texas County Courts at Law Information–Fort Worth, Texas Civil Litigation Attorneys

TARRANT COUNTY COURTS AT LAW

 Civil Division – County Court at Law Clerks

 

Room 250
Tarrant County Old Courthouse
100 West Weatherford Street
Fort Worth, Texas  76196
817-884-1101

See http://access.tarrantcounty.com/en/county-clerk/civil-courts/county-courts-at-law.html

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 9th, 2015 Texas Tidbits: Past and Present

Tarrant County, Texas District Court Information and Links–Fort Worth, Texas Civil Litigation Attorneys

TARRANT COUNTY DISTRICT COURTS

District Clerk

To locate courts, please download one of the documents below.

• Tarrant County Justice Center Court Locator
• Family Law Center Court Locator

 

 

To visit a specific court’s web site, please go to: Tarrant County Courts (this link will take you away from the District Clerk web site).

Note that the accounting section, administrative office, civil section, and Passport office will move to the new Civil Courts building early 2015.

 

To research the history of the District and Criminal District Courts of Tarrant County, please click on link here: District Court History

See: http://access.tarrantcounty.com/en/district-clerk/courts.html

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 9th, 2015 Texas Tidbits: Past and Present

Employment Discrimination Under the Texas Labor Code–Fort Worth, Texas Employment Defense Attorneys

TEXAS LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE A. EMPLOYMENT DISCRIMINATION

CHAPTER 21. EMPLOYMENT DISCRIMINATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 21.001. PURPOSES. The general purposes of this chapter are to:

(1) provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments (42 U.S.C. Section 2000e et seq.);

(2) identify and create an authority that meets the criteria under 42 U.S.C. Section 2000e-5(c) and 29 U.S.C. Section 633;

(3) provide for the execution of the policies embodied in Title I of the Americans with Disabilities Act of 1990 and its subsequent amendments (42 U.S.C. Section 12101 et seq.);

(4) secure for persons in this state, including persons with disabilities, freedom from discrimination in certain employment transactions, in order to protect their personal dignity;

(5) make available to the state the full productive capacities of persons in this state;

(6) avoid domestic strife and unrest in this state;

(7) preserve the public safety, health, and general welfare; and

(8) promote the interests, rights, and privileges of persons in this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.01(a), eff. Sept. 1, 1995.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 208, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 21.0015. TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission civil rights division. A reference in this chapter to the “commission” means the Texas Workforce Commission civil rights division.

Added by Acts 2003, 78th Leg., ch. 302, Sec. 1.

Sec. 21.002. DEFINITIONS. In this chapter:

(1) “Auxiliary aids and services” includes:

(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

(C) acquisition or modification of equipment or devices; and

(D) services and actions similar to those described by Paragraphs (A)-(C).

(2) “Bona fide occupational qualification” means a qualification:

(A) reasonably related to the satisfactory performance of the duties of a job; and

(B) for which a factual basis exists for the belief that no person of an excluded group would be able to satisfactorily perform the duties of the job with safety or efficiency.

(3) Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(2).

(4) “Complainant” means an individual who brings an action or proceeding under this chapter.

(5) “Demonstrates” means meets the burdens of production and persuasion.

(6) “Disability” means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include:

(A) a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance; or

(B) a currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected person unable to perform the duties of the person’s employment.

(7) “Employee” means an individual employed by an employer, including an individual subject to the civil service laws of this state or a political subdivision of this state, except that the term does not include an individual elected to public office in this state or a political subdivision of this state.

(8) “Employer” means:

(A) a person who is engaged in an industry affecting commerce and who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year;

(B) an agent of a person described by Paragraph (A);

(C) an individual elected to public office in this state or a political subdivision of this state; or

(D) a county, municipality, state agency, or state instrumentality, regardless of the number of individuals employed.

(9) “Employment agency” means a person or an agent of the person who regularly undertakes, with or without compensation, to procure:

(A) employees for an employer; or

(B) the opportunity for employees to work for an employer.

(10) “Labor organization” means a labor organization engaged in an industry affecting commerce. The term includes:

(A) an organization, an agency, or an employee representation committee, group, association, or plan engaged in an industry affecting commerce in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment;

(B) a conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization; and

(C) an agent of a labor organization.

(11) “Local commission” means a commission on human relations created by one or more political subdivisions.

(11-a) “Major life activity” includes, but is not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The term also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(12) “Political subdivision” means a county or municipality.

(12-a) “Regarded as having such an impairment” means subjected to an action prohibited under Subchapter B or C because of an actual or perceived physical or mental impairment, other than an impairment that is minor and is expected to last or actually lasts less than six months, regardless of whether the impairment limits or is perceived to limit a major life activity.

(13) “Respondent” means the person charged in a complaint filed under this chapter and may include an employer, employment agency, labor organization, or joint labor-management committee that controls an apprenticeship or other training or retraining program, including an on-the-job training program.

(14) “State agency” means:

(A) a board, commission, committee, council, department, institution, office, or agency in the executive branch of state government having statewide jurisdiction;

(B) the supreme court, the court of criminal appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction; or

(C) an institution of higher education as defined by Section 61.003, Education Code.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.02(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 834, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 872, Sec. 10, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 302, Sec. 4(a).

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 1, eff. September 1, 2009.

Sec. 21.0021. CONSTRUCTION OF CERTAIN DEFINITIONS. (a) The term “disability”:

(1) shall be construed in favor of broad coverage of individuals under Subchapters B and C, to the maximum extent allowed under those subchapters; and

(2) includes an impairment that is episodic or in remission that substantially limits a major life activity when active.

(b) The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures, including:

(1) medication, medical supplies, medical equipment, medical appliances, prosthetic limbs and devices, hearing aids, cochlear implants and other implantable hearing devices, mobility devices, and oxygen therapy equipment;

(2) devices that magnify, enhance, or otherwise augment a visual image, other than eyeglasses and contact lenses that are intended to fully correct visual acuity or eliminate refractive error;

(3) the use of assistive technology;

(4) reasonable accommodations and auxiliary aids or services; and

(5) learned behavioral or adaptive neurological modifications.

Added by Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 2, eff. September 1, 2009.

Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The commission may:

(1) promote the creation of local commissions on human rights by cooperating or contracting with individuals or state, local, or other agencies, public or private, including agencies of the federal government and of other states;

(2) receive, investigate, seek to conciliate, and pass on complaints alleging violations of this chapter;

(3) file civil actions to effectuate the purposes of this chapter;

(4) request and, if necessary, compel by subpoena:

(A) the attendance of necessary witnesses for examination under oath; and

(B) the production, for inspection and copying, of records, documents, and other evidence relevant to the investigation of alleged violations of this chapter;

(5) furnish technical assistance requested by a person subject to this chapter to further compliance with this chapter or with a rule or order issued under this chapter;

(6) recommend in its annual report legislation or other action to carry out the purposes and policies of this chapter;

(7) adopt procedural rules to carry out the purposes and policies of this chapter; and

(8) provide educational and outreach activities to individuals who have historically been victims of employment discrimination.

(b) The commission by rule may authorize a commissioner or one of its staff to exercise the powers stated in Subsection (a)(4) on behalf of the commission.

(c) The commission biennially shall develop an inventory of equal employment opportunity policies and programs adopted and implemented by the various state agencies.

(d) The commission at least annually shall make a comprehensive written report on the commission’s activities to the governor and to the legislature.

(e) The commission shall conduct a study of the policies and programs of a selected state agency if the commission is directed to conduct the study by legislative resolution or by executive order of the governor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.03(a), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 872, Sec. 11, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 77, eff. September 1, 2013.

Sec. 21.0035. CIVILIAN WORKFORCE COMPOSITION. (a) The commission by rule shall biennially determine:

(1) the percentage of the statewide civilian workforce composed of:

(A) Caucasian Americans;

(B) African Americans;

(C) Hispanic Americans;

(D) females; and

(E) males; and

(2) the percentage of the statewide civilian workforce of the groups listed in Subdivision (1) according to the following job categories:

(A) state agency administration;

(B) professional;

(C) technical;

(D) protective services;

(E) paraprofessional;

(F) administrative support;

(G) skilled craft; and

(H) service and maintenance.

(b) The commission shall report the percentages of the statewide civilian workforce as determined under this section to the governor and the legislature not later than the fifth day of each regular session of the legislature.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 12, eff. Sept. 1, 1999.

Sec. 21.004. CRIMINAL OFFENSE OF INTERFERENCE; PENALTY. (a) A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise of a power provided by this chapter.

(b) An offense under this section is a Class B misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.005. CONSTRUCTION WITH OTHER LAWS. (a) This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of the state or federal constitutions or laws.

(b) This chapter does not affect the standards for determining eligibility for benefits under Title 5 or under a state or federal disability benefit program.

(c) Nothing in this chapter may be construed as the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual’s lack of a disability.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 3, eff. September 1, 2009.

Sec. 21.006. CONFORMITY WITH FEDERAL STATUTES. If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the receipt of federal funds, the commission shall administer this chapter to qualify for deferral status or the receipt of those funds until the legislature meets in its next session and has an opportunity to amend this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.007. PRIVILEGED COMMUNICATION; IMMUNITY. An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner’s or employee’s duties under this chapter may not be the basis for an action for defamation of character.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept. 1, 1995.

Sec. 21.008. LIMITED SEVERABILITY. (a) If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances is held invalid or unconstitutional, that invalidity shall not affect the other clauses, sentences, subsections, sections, or provisions or applications of this chapter that may be given effect without the invalid clause, sentence, subsection, section, or provision or application and shall not affect, invalidate, impair, or nullify the remainder of this chapter. The effect of the determination of invalidity shall be confined to the clause, sentence, subsection, section, or provision or application so adjudicated to be invalid or unconstitutional, and to that end the provisions of this chapter are declared to be severable.

(b) If any limit on damages prescribed by Section 21.2585 is invalidated by a method other than by legislative means, the amount of civil liability for all past and future noneconomic losses, including past and future pain and suffering, mental anguish and suffering, and any other nonpecuniary damage, is limited to an amount not to exceed $150,000.

(c) If a limit on damages prescribed by Section 21.2585 is invalidated by a method other than by legislative means and if the alternative civil liability limits contained in Subsection (b) are also invalidated by a method other than by legislative means, Section 21.2585 is void.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept. 1, 1995.

Sec. 21.009. JOINDER OF COMMISSION. (a) In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this chapter or Chapter 461, Government Code, or the application of the provision or rule is challenged as void, unconstitutional, or unenforceable, the commission shall be made a party to the proceedings, and, on the motion of the commission, venue of the cause may be transferred to the district courts of Travis County.

(b) An order restraining the commission or invalidating a provision of this chapter or Chapter 461, Government Code, or a commission rule adopted under this chapter or Chapter 461, Government Code, may not be enforced and may not take effect until the commission has answered and appeared in the action and has exhausted all avenues of appeal and any judgment is final and enforceable.

(c) Notwithstanding any other provision of state law, including this chapter, only the commission, if a prevailing party, may recover costs and attorney’s fees in such a declaratory proceeding under this section.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept. 1, 1995.

Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES. (a) Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section.

(b) The training program must provide the employee with information regarding the agency’s policies and procedures relating to employment discrimination, including employment discrimination involving sexual harassment.

(c) Each employee of a state agency shall attend the training program required by this section not later than the 30th day after the date the employee is hired by the agency and shall attend supplemental training every two years.

(d) The commission shall develop materials for use by state agencies in providing employment discrimination training as required by this section.

(e) Each state agency shall require an employee of the agency who attends a training program required by this section to sign a statement verifying the employee’s attendance at the training program. The agency shall file the statement in the employee’s personnel file.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 14, eff. Sept. 1, 1999.

SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES

Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer:

(1) fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment; or

(2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An employment agency commits an unlawful employment practice if the employment agency:

(1) fails or refuses to refer for employment or discriminates in any other manner against an individual because of race, color, disability, religion, sex, national origin, or age; or

(2) classifies or refers an individual for employment on the basis of race, color, disability, religion, sex, national origin, or age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization:

(1) excludes or expels from membership or discriminates in any other manner against an individual; or

(2) limits, segregates, or classifies a member or an applicant for membership or classifies or fails or refuses to refer for employment an individual in a manner that would:

(A) deprive or tend to deprive an individual of any employment opportunity;

(B) limit an employment opportunity or adversely affect in any other manner the status of an employee or of an applicant for employment; or

(C) cause or attempt to cause an employer to violate this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM. (a) Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an employer, labor organization, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful employment practice if the employer, labor organization, or committee discriminates against an individual because of race, color, disability, religion, sex, national origin, or age in admission to or participation in the program.

(b) The prohibition against discrimination because of age in this section applies only to discrimination because of age against an individual who is at least 40 years of age but younger than 56 years of age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.055. RETALIATION. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who, under this chapter:

(1) opposes a discriminatory practice;

(2) makes or files a charge;

(3) files a complaint; or

(4) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.056. AIDING OR ABETTING DISCRIMINATION. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces a person to engage in a discriminatory practice.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.057. INTERFERENCE WITH COMMISSION. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance of a duty or the exercise of a power under this chapter or Chapter 461, Government Code, by the commission, the commission’s staff, or the commission’s representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.058. PREVENTION OF COMPLIANCE. An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a person from complying with this chapter or a rule adopted or order issued under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a) An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful employment practice if the employer, labor organization, employment agency, or committee prints or publishes or causes to be printed or published a notice or advertisement relating to employment that:

(1) indicates a preference, limitation, specification, or discrimination based on race, color, disability, religion, sex, national origin, or age; and

(2) concerns an employee’s status, employment, or admission to or membership or participation in a labor union or training or retraining program.

(b) This section does not apply if disability, religion, sex, national origin, or age is a bona fide occupational qualification.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.060. VIOLATION OF CONCILIATION AGREEMENT. A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE. In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient to establish an unlawful employment practice.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER C. APPLICATION; EXCEPTIONS

Sec. 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF CERTAIN AGE. Except as provided by Section 21.054, the provisions of this chapter referring to discrimination because of age or on the basis of age apply only to discrimination against an individual 40 years of age or older.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION MEASUREMENT SYSTEM. (a) Except as provided by Subsections (b) and (c), an employer does not commit an unlawful employment practice by applying different standards of compensation or different terms, conditions, or privileges of employment under:

(1) a bona fide seniority system, merit system, or an employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade this chapter; or

(2) a system that measures earnings by quantity or quality of production.

(b) An employee benefit plan may not excuse a failure to hire on the basis of age. A seniority system or employee benefit plan may not require or permit involuntary retirement on the basis of age except as permitted by Section 21.103.

(c) This section does not apply to standards of compensation or terms, conditions, or privileges of employment that are discriminatory on the basis of race, color, disability, religion, sex, national origin, or age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN EMPLOYEES. This chapter does not prohibit the compulsory retirement of an employee who is:

(1) at least 65 years of age;

(2) employed in a bona fide executive or high policy-making position for the two years preceding retirement; and

(3) entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan or a combination of plans of the employee’s employer that equals, in the aggregate, at least $27,000.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE FIGHTERS. An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.105. DISCRIMINATION BASED ON DISABILITY. A provision in this subchapter or Subchapter B referring to discrimination because of disability or on the basis of disability applies only to discrimination because of or on the basis of a physical or mental condition that does not impair an individual’s ability to reasonably perform a job.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.106. SEX DISCRIMINATION. (a) A provision in this chapter referring to discrimination because of sex or on the basis of sex includes discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition.

(b) A woman affected by pregnancy, childbirth, or a related medical condition shall be treated for all purposes related to employment, including receipt of a benefit under a fringe benefit program, in the same manner as another individual not affected but similar in the individual’s ability or inability to work.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.107. EFFECT ON ABORTION BENEFITS. This chapter does not:

(1) require an employer to pay for health insurance benefits for abortion unless the life of the mother would be endangered if the fetus were carried to term;

(2) preclude an employer from providing abortion benefits; or

(3) affect a bargaining agreement relating to abortion.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.108. DISCRIMINATION BASED ON RELIGION. A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the basis of any aspect of religious observance, practice, or belief, unless an employer demonstrates that the employer is unable reasonably to accommodate the religious observance or practice of an employee or applicant without undue hardship to the conduct of the employer’s business.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION. (a) A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a religious corporation, association, or society does not commit an unlawful employment practice by limiting employment or giving a preference to members of the same religion.

(b) Subchapter B does not apply to the employment of an individual of a particular religion by a religious corporation, association, or society to perform work connected with the performance of religious activities by the corporation, association, or society.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN. A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on the basis of the national origin of an ancestor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.111. PERSON EMPLOYED OUT OF STATE. This chapter does not apply to an employer with respect to the employment of a person outside this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms, conditions, or privileges of employment that are not discriminatory on the basis of race, color, disability, religion, sex, national origin, or age.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of race, color, disability, religion, sex, national origin, or age because of an imbalance between:

(1) the total number or percentage of persons of that individual’s or group’s race, color, disability, religion, sex, national origin, or age:

(A) employed by an employer;

(B) referred or classified for employment by an employment agency or labor organization;

(C) admitted to membership or classified by a labor organization; or

(D) admitted to or employed in an apprenticeship, on-the-job training, or other training or retraining program; and

(2) the total number or percentage of persons of that race, color, disability, religion, sex, national origin, or age in:

(A) a community, this state, a region, or other area; or

(B) the available work force in a community, this state, a region, or other area.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.114. PLAN TO END DISCRIMINATORY SCHOOL PRACTICES. A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.115. BUSINESS NECESSITY. (a) Subject to Subsection (b), an employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the employer establishes that the practice:

(1) is not intentionally devised or operated to contravene the prohibitions of this chapter; and

(2) is justified by business necessity.

(b) An employer may not use a qualification standard, employment test, or other selection criterion based on an individual’s uncorrected vision unless the standard, test, or criterion is consistent with business necessity and job-related for the position to which the standard, test, or criterion applies.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 4, eff. September 1, 2009.

Sec. 21.116. RELIANCE ON COMMISSION INTERPRETATION OR OPINION. (a) A person is not liable for an unlawful employment practice performed in good faith and in conformity with and in reliance on a written interpretation or opinion of the commission.

(b) In a proceeding alleging an unlawful employment practice, the respondent has the burden of pleading and proving the defense provided by this section.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.117. EMPLOYMENT OF FAMILY MEMBER. Subchapter B does not apply to the employment of an individual by the individual’s parent, spouse, or child.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.118. STATEWIDE HOMETOWN PLAN. Subchapter B does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by the United States Department of Labor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION. If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise, performing any of the following practices on the basis of disability, religion, sex, national origin, or age of an employee, member, or other individual is not an unlawful employment practice:

(1) an employer hiring and employing an employee;

(2) an employment agency classifying or referring an individual for employment;

(3) a labor organization classifying its members or classifying or referring an individual for employment; or

(4) an employer, labor organization, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program admitting or employing an individual in its program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.120. USE OR POSSESSION OF CONTROLLED SUBSTANCE. (a) An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses a controlled substance as defined in Schedules I and II of Section 202, Controlled Substances Act, and their subsequent amendments (21 U.S.C. Section 801 et seq.), other than the use or possession of a drug taken under the supervision of a licensed health care professional or any other use or possession authorized by the Controlled Substances Act or any other federal or state law.

(b) Subsection (a) does not apply to a policy adopted or applied with the intent to discriminate because of race, color, sex, national origin, religion, age, or disability.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept. 1, 1995.

Sec. 21.121. WORK FORCE DIVERSITY PROGRAMS. An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept. 1, 1995.

Sec. 21.122. BURDEN OF PROOF IN DISPARATE IMPACT CASES. (a) An unlawful employment practice based on disparate impact is established under this chapter only if:

(1) a complainant demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, sex, national origin, religion, or disability and the respondent fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity; or

(2) the complainant makes the demonstration in accordance with federal law as that law existed June 4, 1989, with respect to the concept of alternative employment practices, and the respondent refuses to adopt such an alternative employment practice.

(b) To determine the availability of and burden of proof applicable to a disparate impact case involving age discrimination, the court shall apply the judicial interpretation of the Age Discrimination in Employment Act of 1967 and its subsequent amendments (29 U.S.C. Section 621 et seq.).

(c) To demonstrate that a particular employment practice causes a disparate impact, the complainant must demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complainant demonstrates to the satisfaction of the court that the elements of a respondent’s decision-making process are not capable of separation for analysis, that decision-making process may be analyzed as one employment practice.

(d) If the respondent demonstrates that a specific practice does not cause a disparate impact, the respondent may not be required to demonstrate that the practice is consistent with business necessity.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

Sec. 21.123. SCOPE OF DEFENSE. A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of intentional discrimination.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST SCORES. It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, sex, national origin, religion, age, or disability.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, OR DISABILITY IN EMPLOYMENT PRACTICES. (a) Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, age, or disability was a motivating factor for an employment practice, even if other factors also motivated the practice, unless race, color, sex, national origin, religion, age, or disability is combined with objective job-related factors to attain diversity in the employer’s work force.

(b) In a complaint in which a complainant proves a violation under Subsection (a) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court may grant declaratory relief, injunctive relief except as otherwise provided by this subsection, and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a complaint under Subsection (a), but may not award damages or issue an order requiring an admission, reinstatement, hiring, promotion, or back pay.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1126, Sec. 1, eff. Sept. 1, 1997.

Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate because of race, color, sex, national origin, religion, age, or disability against an individual who is an employee or applicant for employment to:

(1) serve on the elected official’s personal staff;

(2) serve the elected official on a policy-making level; or

(3) serve the elected official as an immediate advisor with respect to the exercise of the constitutional or legal powers of the office.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

Sec. 21.127. EXPANSION OF RIGHTS TO CHALLENGE DISCRIMINATORY SENIORITY SYSTEMS. With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the face of the seniority provision, an unlawful employment practice occurs when:

(1) the seniority system is adopted;

(2) an individual becomes subject to the system; or

(3) an individual is injured by the application of the system or a provision of the system.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

Sec. 21.128. REASONABLE ACCOMMODATION; GOOD FAITH EFFORT. (a) It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual with a disability who is an employee or applicant for employment, unless the respondent demonstrates that the accommodation would impose an undue hardship on the operation of the business of the respondent.

(b) A showing of undue hardship by the respondent is a defense to a complaint of discrimination made by an otherwise qualified individual with a disability. In considering a complaint based on a disability, the commission shall consider the reasonableness of the cost of any necessary workplace accommodation and the availability of alternatives or other appropriate relief.

(c) In a complaint in which a discriminatory employment practice involves the provision of a reasonable workplace accommodation under this chapter, damages may not be awarded under Subchapter F if the respondent demonstrates good faith efforts, in consultation with the otherwise qualified individual with a disability who has informed the respondent that accommodation is needed, to identify and make a reasonable workplace accommodation that would provide the individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.

(d) A respondent is not obligated to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual under Subsection (a) if the individual’s disability is based solely on being regarded as having an impairment that substantially limits at least one major life activity.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 5, eff. September 1, 2009.

Sec. 21.129. COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION AGREEMENTS, AND CONCILIATION AGREEMENTS NOT AFFECTED. This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.

SUBCHAPTER D. LOCAL ENFORCEMENT

Sec. 21.151. ENFORCEMENT BY ORDINANCE. A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or federal law.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.152. CREATION OF LOCAL COMMISSION. (a) A political subdivision or two or more political subdivisions acting jointly may create a local commission to:

(1) promote the purposes of this chapter; and

(2) secure for all individuals in the jurisdiction of each political subdivision freedom from discrimination because of race, color, disability, religion, sex, national origin, or age.

(b) The political subdivision creating a local commission may appropriate funds for the expenses of the local commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.153. GENERAL POWERS AND DUTIES OF LOCAL COMMISSION. (a) A local commission may:

(1) employ an executive director and other employees and agents and set their compensation;

(2) cooperate or contract with a person, including an agency of the federal government or of another state or municipality; and

(3) accept a public grant or private gift, bequest, or other payment.

(b) A local commission shall prepare at least annually a report and furnish a copy of the report to the Commission on Human Rights.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL COMMISSION. (a) If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or defers jurisdiction over the subject matter of the complaint to a local commission, the local commission may receive, investigate, conciliate, or rule on the complaint and may file a civil action to carry out the purposes of this chapter.

(b) The local commission may request, and as necessary, compel by subpoena:

(1) the attendance of a witness for examination under oath; or

(2) the production for inspection or copying of a record, document, or other evidence relevant to the investigation of an alleged violation of this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION ON COMPLAINTS. (a) The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age that is filed with that commission to a local commission with the necessary investigatory and conciliatory powers if:

(1) the complaint has been referred to the Commission on Human Rights by the federal government; or

(2) jurisdiction over the subject matter of the complaint has been deferred to the Commission on Human Rights by the federal government.

(b) The local commission shall take appropriate action to remedy the practice alleged as discriminatory in the referred complaint.

(c) If the local commission does not act on the complaint within 60 days or a longer time that is reasonable, the Commission on Human Rights shall reassume responsibility for the complaint and take appropriate action on the complaint.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.156. REFERRAL BY LOCAL COMMISSION TO STATE COMMISSION. A local commission may refer a matter under its jurisdiction to the Commission on Human Rights.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER E. ADMINISTRATIVE REVIEW

Sec. 21.201. FILING OF COMPLAINT; FORM AND CONTENT; SERVICE. (a) A person claiming to be aggrieved by an unlawful employment practice or the person’s agent may file a complaint with the commission.

(b) The complaint must be in writing and made under oath.

(c) The complaint must state:

(1) that an unlawful employment practice has been committed;

(2) the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice; and

(3) facts sufficient to enable the commission to identify the respondent.

(d) The executive director or the executive director’s designee shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.

(e) A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.

(f) An amendment to a complaint alleging additional facts that constitute unlawful employment practices relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.

(g) If a perfected complaint is not received by the commission within 180 days of the alleged unlawful employment practice, the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.06(a), eff. Sept. 1, 1995.

Sec. 21.202. STATUTE OF LIMITATIONS. (a) A complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred.

(b) The commission shall dismiss an untimely complaint.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1993.

Sec. 21.203. ALTERNATIVE DISPUTE RESOLUTION; OFFICE. (a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter. The settlement of a disputed claim under this chapter that results from the use of traditional or alternative means of dispute resolution is binding on the parties to the claim.

(b) The commission shall establish an office of alternative dispute resolution. At any time after a complaint is received under Section 21.201, at the request of a party or at the direction of the commission the matter may be referred to the office of alternative dispute resolution.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.06(b), eff. Sept. 1, 1995.

Sec. 21.204. INVESTIGATION BY COMMISSION. (a) The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is reasonable cause to believe that the respondent engaged in an unlawful employment practice as alleged in the complaint.

(b) If the federal government has referred the complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission, the executive director or the executive director’s designee shall promptly investigate the allegations stated in the complaint.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF COMPLAINT. (a) If after investigation the executive director or the executive director’s designee determines that reasonable cause does not exist to believe that the respondent engaged in an unlawful employment practice as alleged in a complaint, the executive director or the executive director’s designee shall issue a written determination, incorporating the finding that the evidence does not support the complaint and dismissing the complaint.

(b) The executive director or the executive director’s designee shall serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 208, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY PANEL. (a) If after investigation the executive director or the executive director’s designee determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice as alleged in a complaint, the executive director or the executive director’s designee shall review with a panel of three commissioners the evidence in the record.

(b) If after the review at least two of the three commissioners determine that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice, the executive director shall:

(1) issue a written determination incorporating the executive director’s finding that the evidence supports the complaint; and

(2) serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.207. RESOLUTION BY INFORMAL METHODS. (a) If a determination of reasonable cause is made under Section 21.206, the commission shall endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.

(b) Without the written consent of the complainant and respondent, the commission, its executive director, or its other officers or employees may not disclose to the public information about the efforts in a particular case to resolve an alleged discriminatory practice by conference, conciliation, or persuasion, regardless of whether there is a determination of reasonable cause.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.208. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT. If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint was filed, the commission shall inform the complainant of the dismissal or failure to resolve the complaint in writing by certified mail.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.210. TEMPORARY INJUNCTIVE RELIEF. (a) If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to carry out the purpose of this chapter, the commission shall file a petition seeking appropriate temporary relief against the respondent pending final determination of a proceeding under this chapter.

(b) The petition shall be filed in a district court in a county in which:

(1) the alleged unlawful employment practice that is the subject of the complaint occurred; or

(2) the respondent resides.

(c) A court may not issue temporary injunctive relief unless the commission shows:

(1) a substantial likelihood of success on the merits; and

(2) irreparable harm to the complainant in the absence of the preliminary relief pending final determination on the merits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.211. ELECTION OF REMEDIES. A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other law or an order or ordinance of a political subdivision of this state based on an act that would be an unlawful employment practice under this chapter may not file a complaint under this subchapter for the same grievance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER F. JUDICIAL ENFORCEMENT

Sec. 21.251. CIVIL ACTION BY COMMISSION. (a) The commission may bring a civil action against a respondent if:

(1) the commission determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice;

(2) the commission’s efforts to resolve the discriminatory practice to the satisfaction of the complainant and respondent through conciliation have been unsuccessful; and

(3) a majority of the commissioners determines that the civil action may achieve the purposes of this chapter.

(b) The complainant may intervene in a civil action brought by the commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.252. NOTICE OF COMPLAINANT’S RIGHT TO FILE CIVIL ACTION. (a) A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a written notice of the complainant’s right to file a civil action.

(b) The complainant must request the notice in writing.

(c) The executive director may issue the notice.

(d) Failure to issue the notice of a complainant’s right to file a civil action does not affect the complainant’s right under this subchapter to bring a civil action against the respondent.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.253. EXPEDITED NOTICE OF COMPLAINANT’S RIGHT TO FILE CIVIL ACTION. (a) On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed a notice of the right to file a civil action if:

(1) the complainant alleges an unlawful employment practice based on the complainant’s status as an individual with a life-threatening illness, as confirmed in writing by a physician licensed to practice medicine in this state; or

(2) the executive director certifies that administrative processing of the complaint cannot be completed before the 181st day after the date the complaint was filed.

(b) The commission shall issue the expedited notice by certified mail not later than the fifth business day after the date the commission receives the written request.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.255. COMMISSION’S INTERVENTION IN CIVIL ACTION BY COMPLAINANT. After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if:

(1) the commission certifies that the case is of general public importance; and

(2) before commencement of the action the commission issued a determination of reasonable cause to believe that this chapter was violated.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is filed.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(a), eff. Sept. 1, 1995.

Sec. 21.257. ASSIGNMENT TO EARLY HEARING. The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.258. INJUNCTION; EQUITABLE RELIEF. (a) On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may:

(1) prohibit by injunction the respondent from engaging in an unlawful employment practice; and

(2) order additional equitable relief as may be appropriate.

(b) Additional equitable relief may include:

(1) hiring or reinstating with or without back pay;

(2) upgrading an employee with or without pay;

(3) admitting to or restoring union membership;

(4) admitting to or participating in a guidance program, apprenticeship, or on-the-job training or other training or retraining program, using objective job-related criteria in admitting an individual to a program;

(5) reporting on the manner of compliance with the terms of a final order issued under this chapter; and

(6) paying court costs.

(c) Liability under a back pay award may not accrue for a date more than two years before the date a complaint is filed with the commission. Interim earnings, workers’ compensation benefits, and unemployment compensation benefits received operate to reduce the back pay otherwise allowable.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.2585. COMPENSATORY AND PUNITIVE DAMAGES. (a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this section, award:

(1) compensatory damages; and

(2) punitive damages.

(b) A complainant may recover punitive damages against a respondent, other than a respondent that is a governmental entity, if the complainant demonstrates that the respondent engaged in a discriminatory practice with malice or with reckless indifference to the state-protected rights of an aggrieved individual.

(c) Compensatory damages awarded under this section may not include:

(1) back pay;

(2) interest on back pay; or

(3) other relief authorized under Section 21.258(b).

(d) The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed, for each complainant:

(1) $50,000 in the case of a respondent that has fewer than 101 employees;

(2) $100,000 in the case of a respondent that has more than 100 and fewer than 201 employees;

(3) $200,000 in the case of a respondent that has more than 200 and fewer than 501 employees; and

(4) $300,000 in the case of a respondent that has more than 500 employees.

(e) For the purposes of Subsection (d), in determining the number of employees of a respondent, the requisite number of employees must be employed by the respondent for each of 20 or more calendar weeks in the current or preceding calendar year.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(b), eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 872, Sec. 13, eff. Sept. 1, 1999.

Sec. 21.259. ATTORNEY’S FEES; COSTS. (a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney’s fee as part of the costs.

(b) The state, a state agency, or a political subdivision is liable for costs, including attorney’s fees, to the same extent as a private person.

(c) In awarding costs and attorney’s fees in an action or a proceeding under this chapter, the court, in its discretion, may include reasonable expert fees.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(c), eff. Sept. 1, 1995.

Sec. 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT. If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost of necessary workplace accommodation and the availability of alternatives or other appropriate relief.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.261. COMPELLED COMPLIANCE. If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written request of a person aggrieved by the failure, may commence proceedings to compel compliance with the order.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.262. TRIAL DE NOVO. (a) A judicial proceeding under this chapter is by trial de novo.

(b) A commission finding, recommendation, determination, or other action is not binding on a court.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER G. RECORDS

Sec. 21.301. RECORDKEEPING; REPORTS. A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall:

(1) make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed;

(2) preserve the records for the period required by commission rule or court order; and

(3) make reports from the records as prescribed by commission rule or court order as reasonable, necessary, or appropriate for the enforcement of this chapter or a rule or order issued under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.302. RECORDS; TRAINING PROGRAM. The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program:

(1) keep all records reasonably necessary to carry out the purposes of this chapter, including a list of applicants for participation in the program and a record of the chronological order in which applications for the program were received; and

(2) furnish to the commission on request a detailed description of the manner in which individuals are selected to participate in the program.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.303. CONFORMITY TO FEDERAL LAW. A report or record required by the commission under this subchapter must conform to a similar record or report required under 42 U.S.C. Section 2000e-8(c).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 21.304. CONFIDENTIALITY OF RECORDS. An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except in compliance with Section 21.305 and as necessary to the conduct of a proceeding under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1012 (H.B. 2463), Sec. 1, eff. September 1, 2011.

Sec. 21.305. ACCESS TO COMMISSION RECORDS. (a) Except as provided by Subsection (c), the commission shall adopt rules allowing a party to a complaint filed under Section 21.201 reasonable access to commission records relating to the complaint.

(b) Except as provided by Subsection (c), unless the complaint is resolved through a voluntary settlement or conciliation, on the written request of a party the executive director shall allow the party access to the commission records:

(1) after the final action of the commission; or

(2) if a civil action relating to the complaint is filed in federal court alleging a violation of federal law.

(c) Notwithstanding Section 552.023, Government Code, the following information is not considered public information for the purposes of Chapter 552, Government Code, and may not be disclosed to a party to a complaint filed under Section 21.201:

(1) identifying information of persons other than the parties and witnesses to the complaint;

(2) identifying information about confidential witnesses, including any confidential statement given by the witness;

(3) sensitive medical information about the charging party or a witness to the complaint that is:

(A) provided by a person other than the person requesting the information; and

(B) not relevant to issues raised in the complaint, including information that identifies injuries, impairments, pregnancies, disabilities, or other medical conditions that are not obviously apparent or visible;

(4) identifying information about a person other than the charging party that is found in sensitive medical information regardless of whether the information is relevant to the complaint;

(5) nonsensitive medical information that is relevant to the complaint if the disclosure would result in an invasion of personal privacy, unless the information is generally known or has been previously reported to the public;

(6) identifying information about other respondents or employers not a party to the complaint;

(7) information relating to settlement offers or conciliation agreements received from one party that was not conveyed to the other and information contained in a separate alternative dispute resolution file prepared for mediation purposes; and

(8) identifying information about a person on whose behalf a complaint was filed if the person has requested that the person’s identity as a complaining party remain confidential.

(d) In this section, “identifying information” has the meaning assigned by Section 32.51, Penal Code.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1012 (H.B. 2463), Sec. 2, eff. September 1, 2011.

Sec. 21.306. SUBPOENA OF RECORD OR REPORT. (a) If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report in accordance with this subchapter, the commission may issue a subpoena requiring compliance.

(b) On a failure to comply with a subpoena of the commission, the commission shall apply for an order directing compliance to the district court of the county in which the person is found, resides, or transacts business.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER H. DISCRIMINATORY USE OF GENETIC INFORMATION

Sec. 21.401. DEFINITIONS. In this subchapter:

(1) “DNA” means deoxyribonucleic acid.

(2) “Family health history” means a history taken by a physician or genetic professional to ascertain genetic or medical information about an individual’s family.

(3) “Genetic characteristic” means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that:

(A) is scientifically or medically believed to:

(i) predispose an individual to a disease, disorder, or syndrome; or

(ii) be associated with a statistically significant increased risk of developing a disease, disorder, or syndrome; and

(B) may or may not be associated with any symptom of an ongoing disease, disorder, or syndrome affecting an individual on the date the genetic information is obtained regarding the individual.

(4) “Genetic information” means information that is:

(A) obtained from or based on a scientific or medical determination of the presence or absence in an individual of a genetic characteristic; or

(B) derived from the results of a genetic test performed on, or a family health history obtained from, an individual.

(5) “Genetic test” means a presymptomatic laboratory test of an individual’s genes, gene products, or chromosomes that:

(A) analyzes the individual’s DNA, RNA, proteins, or chromosomes; and

(B) is performed to identify any genetic variation, composition, or alteration that is associated with the individual’s having a statistically increased risk of:

(i) developing a clinically recognized disease, disorder, or syndrome; or

(ii) being a carrier of a clinically recognized disease, disorder, or syndrome.

The term does not include a blood test, cholesterol test, urine test, or other physical test used for a purpose other than determining a genetic or chromosomal variation, composition, or alteration in a specific individual.

(6) “RNA” means ribonucleic acid.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(a), eff. Sept. 1, 2003.

Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED. (a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect to compensation or the terms, conditions, or privileges of employment:

(1) on the basis of genetic information concerning the individual; or

(2) because of the refusal of the individual to submit to a genetic test.

(b) A labor organization commits an unlawful employment practice if the labor organization excludes or expels from membership or otherwise discriminates against an individual:

(1) on the basis of genetic information concerning the individual; or

(2) because of the refusal of the individual to submit to a genetic test.

(c) An employment agency commits an unlawful employment practice if the employment agency classifies or refers for employment, fails or refuses to refer for employment, or otherwise discriminates against an individual:

(1) on the basis of genetic information concerning the individual; or

(2) because of the refusal of the individual to submit to a genetic test.

(d) An employer, labor organization, or employment agency commits an unlawful employment practice if the employer, labor organization, or employment agency limits, segregates, or classifies an employee, member, or applicant for employment or membership in a way that would deprive or tend to deprive the employee, member, or applicant of employment opportunities or otherwise adversely affect the status of the employee, member, or applicant:

(1) on the basis of genetic information concerning the employee, member, or applicant; or

(2) because of the refusal of the employee, member, or applicant to submit to a genetic test.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.

Sec. 21.403. CONFIDENTIALITY OF GENETIC INFORMATION. (a) Except as provided by Section 21.4031, genetic information is confidential and privileged regardless of the source of the information.

(b) A person who holds genetic information about an individual may not disclose or be compelled to disclose, by subpoena or otherwise, that information unless the disclosure is specifically authorized as provided by Section 21.4032.

(c) This section applies to a redisclosure of genetic information by a secondary recipient of the information after disclosure of the information by an initial recipient.

(d) Redesignated as V.T.C.A., Labor Code Sec. 21.4031 by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(d).

(e) A person who discloses genetic information in violation of this section is liable for a civil penalty of not more than $10,000. The attorney general may bring an action in the name of the state to recover the penalty, plus reasonable attorney’s fees and court costs.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 965, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(b) to (e), eff. Sept. 1, 2003.

Sec. 21.4031. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization required under Section 21.4032 if the disclosure is:

(1) authorized under a state or federal criminal law relating to:

(A) the identification of individuals; or

(B) a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child-abuse team;

(2) required under a specific order of a state or federal court;

(3) for the purpose of establishing paternity as authorized under a state or federal law;

(4) made to provide genetic information relating to a decedent and the disclosure is made to the blood relatives of the decedent for medical diagnosis; or

(5) made to identify a decedent.

(b) Genetic information may be disclosed without an authorization under Section 21.4032 if:

(1) the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;

(2) the information does not identify a specific individual; and

(3) the information is provided to the Texas Department of Health to comply with Chapter 87, Health and Safety Code.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Redesignated from Labor Code Sec. 21.403(c), (d) and amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(d), eff. Sept. 1, 2003.

Sec. 21.4032. AUTHORIZED DISCLOSURE. An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes:

(1) a description of the information to be disclosed;

(2) the name of the person to whom the disclosure is made; and

(3) the purpose for the disclosure.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Redesignated from Labor Code Sec. 21.403(b) and amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(e), eff. Sept. 1, 2003.

Sec. 21.404. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED. An individual who submits to a genetic test has the right to know the results of the test. On the written request by the individual, the entity that performed the test shall disclose the test results to:

(1) the individual; or

(2) a physician designated by the individual.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(f), eff. Sept. 1, 2003.

Sec. 21.405. DESTRUCTION OF SAMPLE MATERIAL; EXCEPTIONS. A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:

(1) the sample is retained under a court order;

(2) the individual authorizes retention of the sample for medical treatment or scientific research;

(3) the sample was obtained for research that is cleared by an institutional review board and retention of the sample is:

(A) under a requirement the institutional review board imposes on a specific research project; or

(B) authorized by the research participant with institutional review board approval under federal law; or

(4) the sample was obtained for a screening test established by the Texas Department of Health under Section 33.011, Health and Safety Code, and performed by that department or a laboratory approved by that department.

Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(g), eff. Sept. 1, 2003.

SUBCHAPTER I. PERSONNEL POLICIES AND PROCEDURES

Sec. 21.451. DEFINITION. In this subchapter, “state agency” does not include a public junior college as defined by Section 61.003, Education Code.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL POLICIES AND PROCEDURES. Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity program.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 208, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 21.453. REVIEW. (a) The commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures comply with this chapter.

(b) The commission by rule shall establish a system to stagger the reviews of state agency personnel policies and procedures required under this section.

(c) If the commission determines that the personnel policies and procedures of a state agency do not comply with this chapter, the commission shall recommend appropriate revisions to the personnel policies and procedures.

(d) The state agency shall take these recommendations into consideration and determine whether to revise the personnel policies and procedures.

(e) The review of a state agency’s personnel policies and procedures shall be completed within one year.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.454. COMPLIANCE REPORT. Not later than 60 days after the commission completes the review of a state agency’s personnel policies and procedures as required by Section 21.453 and provides its review and any recommendations to the agency, the agency shall submit to the commission, the governor, the legislature, and the Legislative Budget Board a report detailing:

(1) whether the agency implemented the recommendations of the commission; and

(2) if the agency did not implement all of the commission’s recommendations, the reasons for rejecting those recommendations.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 208, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 21.455. REIMBURSEMENT; AUDIT. (a) A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review under Section 21.453.

(b) The commission shall maintain a record of the time expended and the actual costs and travel expenses incurred by the commission in conducting a review under Section 21.453.

(c) The amount of reimbursement paid by a state agency under Subsection (a) and the record maintained by the commission under Subsection (b) is subject to audit by the state auditor in accordance with Chapter 321, Government Code.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 61, eff. Sept. 1, 2003.

Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER; ADMINISTRATIVE PENALTY. (a) If the commission determines that a state agency has failed to comply with this subchapter, the commission shall certify that determination to the comptroller.

(b) On receipt of a certification by the commission under Subsection (a), the comptroller shall notify the state agency that is the subject of the certification that funds appropriated to the agency are subject to a reduction in the amount of $5,000 as provided by this section unless, not later than the 30th day after the date the agency receives notice from the comptroller under this subsection, the agency submits to the comptroller proof that the agency has complied with this subchapter. If the agency fails to submit to the comptroller the proof required by this subsection, the comptroller shall:

(1) if the state agency failed to develop or implement personnel policies and procedures as required by Section 21.452:

(A) reduce the funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter by the amount of $5,000; or

(B) if all funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter have been distributed to the agency, reduce the funds appropriated to the agency during the next fiscal year by the amount of $5,000; or

(2) if the state agency failed to reimburse the commission as required by Section 21.455:

(A) transfer the amount of the reimbursement from the agency to the commission’s appropriations and reduce the funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter by an amount that equals the difference between the amount of the reimbursement and $5,000; or

(B) if all funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter have been distributed to the agency:

(i) during the next fiscal year, transfer the amount of the reimbursement from the funds appropriated to the agency for that fiscal year to the commission’s appropriations; and

(ii) reduce the funds appropriated to the agency during the next fiscal year by an amount that equals the difference between the amount of the reimbursement and $5,000.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

SUBCHAPTER J. HIRING PRACTICES

Sec. 21.501. WORKFORCE ANALYSIS. Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by the agency in each job category to the available African Americans, Hispanic Americans, and females in the statewide civilian workforce to determine the percentage of exclusion or underutilization by each job category.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.502. RECRUITMENT PLAN. Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered remedies, or supervised conciliations or settlement agreements, each state agency, other than a public junior college as defined by Section 61.003, Education Code, shall develop and implement a plan to recruit qualified African Americans, Hispanic Americans, and females. The plan must comply with this chapter. The commission shall monitor state agencies to determine compliance with this section.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has been adopted in accordance with other law.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.504. ANNUAL REPORT. Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, females, and other persons hired for each job category by the agency during the preceding state fiscal year. The commission shall compile this information and submit a report based on the information to the governor and the Legislative Budget Board not later than January 1 of the subsequent calendar year.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

SUBCHAPTER K. EQUAL EMPLOYMENT OPPORTUNITY REPORTS

Sec. 21.551. DEFINITION. In this subchapter, “racial and ethnic group” means Caucasian American, African American, or Hispanic American.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED. (a) Not later than November 1 of each year, each state agency shall report equal employment opportunity information for the preceding fiscal year to the commission as required by this subchapter. The report must be made in the form prescribed by the commission and include information compiled on a monthly basis.

(b) Each year the commission shall compile equal employment opportunity information reported to the commission by a state agency. The information must include:

(1) the total number of employees of the agency and the total number of new employees hired since the date of the last report made by the agency;

(2) the total number of employees of the agency listed by racial and ethnic group and the percentage of the total number of agency employees for each racial and ethnic group, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency;

(3) the total number of male employees and the total number of female employees of the agency, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency;

(4) the total number of male employees and the total number of female employees of the agency for each racial and ethnic group, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency; and

(5) the total number of employees of the agency listed by job classification and the total number of employees for each sex and racial and ethnic group listed by job classification, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1301 (H.B. 2716), Sec. 2, eff. June 18, 2005.

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 78, eff. September 1, 2013.

Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING SYSTEM; REPORT. (a) The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting system.

(b) The commission shall conduct an analysis of the information reported to the commission under this subchapter and report the results of that analysis to the legislature, the Legislative Budget Board, and the governor not later than January 1 of each odd-numbered year. The report required under this subsection must be written in plain language.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 79, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 80, eff. September 1, 2013.

Sec. 21.554. FORM. Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report under this subchapter for the following year.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.555. FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE PENALTY. (a) If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination to the comptroller.

(b) On receipt of a certification by the commission under Subsection (a), the comptroller shall notify the state agency that is the subject of the certification that funds appropriated to the agency are subject to a reduction in the amount of $2,000 as provided by this section unless, not later than the 30th day after the date the agency receives notice from the comptroller under this subsection, the agency submits to the comptroller proof that the agency filed the report required under this subchapter. If the agency fails to submit to the comptroller the proof required by this subsection, the comptroller shall:

(1) reduce the funds appropriated to the agency for the fiscal year in which the agency fails to file the report required under this subchapter by the amount of $2,000; or

(2) if all funds appropriated to the agency for the fiscal year in which the agency fails to file the report required under this subchapter have been distributed to the agency, reduce the funds appropriated to the agency during the next fiscal year by the amount of $2,000.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.

Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES. (a) A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, shall provide a comprehensive equal employment opportunity training program to appropriate supervisory and managerial employees.

(b) The training may be provided by the commission or by another entity or person approved by the commission, including a state agency.

(c) The state agency shall provide documentation of the training to the commission if the training is not conducted by the commission. The documentation shall include the dates the training was provided, the names of the persons attending the training, an agenda for the training program, and the name of the entity or person providing the training.

(d) The commission by rule shall adopt minimum standards for a training program described by Subsection (a) and shall approve an entity or person to provide a training program if the program complies with the minimum standards adopted by the commission under this subsection.

(e) An agency required to participate in a program under this section shall pay the cost of attending the program or shall reimburse the commission or state agency providing the program through interagency contract. The cost of providing the program shall be determined and approved by the commission or state agency. The state auditor may audit the commission’s expenditure of fees collected under this section based on a risk assessment performed by the state auditor and subject to the approval by the legislative audit committee of including the audit in the audit plan under Section 321.013, Government Code.

Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 62, eff. Sept. 1, 2003.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 9th, 2015 Employment Law Defense

Exempt Property and Liens Under Texas Law–Fort Worth, Texas Collections Attorneys

TEXAS PROPERTY CODE

TITLE 5. EXEMPT PROPERTY AND LIENS

SUBTITLE B. LIENS

CHAPTER 53. MECHANIC’S, CONTRACTOR’S, OR MATERIALMAN’S LIEN

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 53.001. DEFINITIONS. In this chapter:

(1) “Contract price” means the cost to the owner for any part of construction or repair performed under an original contract.

(2) “Improvement” includes:

(A) abutting sidewalks and streets and utilities in or on those sidewalks and streets;

(B) clearing, grubbing, draining, or fencing of land;

(C) wells, cisterns, tanks, reservoirs, or artificial lakes or pools made for supplying or storing water;

(D) pumps, siphons, and windmills or other machinery or apparatuses used for raising water for stock, domestic use, or irrigation; and

(E) planting orchard trees, grubbing out orchards and replacing trees, and pruning of orchard trees.

(3) “Labor” means labor used in the direct prosecution of the work.

(4) “Material” means all or part of:

(A) the material, machinery, fixtures, or tools incorporated into the work, consumed in the direct prosecution of the work, or ordered and delivered for incorporation or consumption;

(B) rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct prosecution of the work at the site of the construction or repair; or

(C) power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct prosecution of the work.

(5) “Mechanic’s lien” means the lien provided by this chapter.

(6) “Original contract” means an agreement to which an owner is a party either directly or by implication of law.

(7) “Original contractor” means a person contracting with an owner either directly or through the owner’s agent.

(8) “Residence” means a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes that is:

(A) owned by one or more adult persons; and

(B) used or intended to be used as a dwelling by one of the owners.

(9) “Residential construction contract” means a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner’s residence, including improvements appurtenant to the residence.

(10) “Residential construction project” means a project for the construction or repair of a new or existing residence, including improvements appurtenant to the residence, as provided by a residential construction contract.

(11) “Retainage” means an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered. The term does not include retainage under Subchapter E.

(12) “Specially fabricated material” means material fabricated for use as a component of the construction or repair so as to be reasonably unsuitable for use elsewhere.

(13) “Subcontractor” means a person who has furnished labor or materials to fulfill an obligation to an original contractor or to a subcontractor to perform all or part of the work required by an original contract.

(14) “Work” means any part of construction or repair performed under an original contract.

(15) “Completion” of an original contract means the actual completion of the work, including any extras or change orders reasonably required or contemplated under the original contract, other than warranty work or replacement or repair of the work performed under the contract.

Acts 1983, 68th Leg., p. 3533, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 1, eff. Sept. 1, 1999.

Sec. 53.002. MORE THAN ONE ORIGINAL CONTRACTOR. On any work there may be more than one original contractor for purposes of this chapter.

Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.003. NOTICES. (a) This section applies to notices required by Subchapters B through G and K.

(b) Any notice or other written communication may be delivered in person to the party entitled to the notice or to that party’s agent, regardless of the manner prescribed by law.

(c) If notice is sent by registered or certified mail, deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement. This subsection does not apply if the law requires receipt of the notice by the person to whom it is directed.

(d) If a written notice is received by the person entitled to receive it, the method by which the notice was delivered is immaterial.

Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 3, eff. Sept. 1, 1997.

SUBCHAPTER B. PERSONS ENTITLED TO LIEN; SUBJECT PROPERTY

Sec. 53.021. PERSONS ENTITLED TO LIEN. (a) A person has a lien if:

(1) the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of:

(A) a house, building, or improvement;

(B) a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or

(C) a railroad; and

(2) the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner’s agent, trustee, receiver, contractor, or subcontractor.

(b) A person who specially fabricates material has a lien even if the material is not delivered.

(c) An architect, engineer, or surveyor who prepares a plan or plat under or by virtue of a written contract with the owner or the owner’s agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property has a lien on the property.

(d) A person who provides labor, plant material, or other supplies for the installation of landscaping for a house, building, or improvement, including the construction of a retention pond, retaining wall, berm, irrigation system, fountain, or other similar installation, under or by virtue of a written contract with the owner or the owner’s agent, contractor, subcontractor, trustee, or receiver has a lien on the property.

(e) A person who performs labor as part of, or who furnishes labor or materials for, the demolition of a structure on real property under or by virtue of a written contract with the owner of the property or the owner’s agent, trustee, receiver, contractor, or subcontractor has a lien on the property.

Acts 1983, 68th Leg., p. 3535, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 395, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1138, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 16.01, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 851, Sec. 1, 6, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 896, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 410, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 1, eff. January 1, 2012.

Sec. 53.022. PROPERTY TO WHICH LIEN EXTENDS. (a) The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and to each lot of land necessarily connected or reclaimed.

(b) The lien does not extend to abutting sidewalks, streets, and utilities that are public property.

(c) A lien against land in a city, town, or village extends to each lot on which the house, building, or improvement is situated or on which the labor was performed.

(d) A lien against land not in a city, town, or village extends to not more than 50 acres on which the house, building, or improvement is situated or on which the labor was performed.

Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.023. PAYMENT SECURED BY LIEN. The lien secures payment for:

(1) the labor done or material furnished for the construction or repair;

(2) the specially fabricated material, even if the material has not been delivered or incorporated into the construction or repair, less its fair salvage value; or

(3) the preparation of a plan or plat by an architect, engineer, or surveyor in accordance with Section 53.021(c).

Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 851, Sec. 2, eff. Sept. 1, 1995.

Sec. 53.024. LIMITATION ON SUBCONTRACTOR’S LIEN. The amount of a lien claimed by a subcontractor may not exceed:

(1) an amount equal to the proportion of the total subcontract price that the sum of the labor performed, materials furnished, materials specially fabricated, reasonable overhead costs incurred, and proportionate profit margin bears to the total subcontract price; minus

(2) the sum of previous payments received by the claimant on the subcontract.

Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.025. LIMITATION ON ORDINARY RETAINAGE LIEN. A lien for retainage is valid only for the amount specified to be retained in the contract, including any amendments to the contract, between the claimant and the original contractor or between the claimant and a subcontractor.

Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 2, eff. Sept. 1, 1989.

Sec. 53.026. SHAM CONTRACT. (a) A person who labors, specially fabricates materials, or furnishes labor or materials under a direct contractual relationship with another person is considered to be in direct contractual relationship with the owner and has a lien as an original contractor, if:

(1) the owner contracted with the other person for the construction or repair of a house, building, or improvements and the owner can effectively control that person through ownership of voting stock, interlocking directorships, or otherwise;

(2) the owner contracted with the other person for the construction or repair of a house, building, or improvements and that other person can effectively control the owner through ownership of voting stock, interlocking directorships, or otherwise; or

(3) the owner contracted with the other person for the construction or repair of a house, building, or improvements and the contract was made without good faith intention of the parties that the other person was to perform the contract.

(b) In this section, “owner” does not include a person who has or claims a security interest only.

Acts 1983, 68th Leg., p. 3537, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 3, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 4, eff. Sept. 1, 1997.

SUBCHAPTER C. PROCEDURE FOR PERFECTING LIEN

Sec. 53.051. NECESSARY PROCEDURES. To perfect the lien, a person must comply with this subchapter.

Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.052. FILING OF AFFIDAVIT. (a) Except as provided by Subsection (b), the person claiming the lien must file an affidavit with the county clerk of the county in which the property is located or into which the railroad extends not later than the 15th day of the fourth calendar month after the day on which the indebtedness accrues.

(b) A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues.

(c) The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.

Acts 1983, 68th Leg., p. 3538, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 4, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 5, eff. Sept. 1, 1997.

Sec. 53.053. ACCRUAL OF INDEBTEDNESS. (a) For purposes of Section 53.052, indebtedness accrues on a contract under which a plan or plat is prepared, labor was performed, materials furnished, or specially fabricated materials are to be furnished in accordance with this section.

(b) Indebtedness to an original contractor accrues:

(1) on the last day of the month in which a written declaration by the original contractor or the owner is received by the other party to the original contract stating that the original contract has been terminated; or

(2) on the last day of the month in which the original contract has been completed, finally settled, or abandoned.

(c) Indebtedness to a subcontractor, or to any person not covered by Subsection (b) or (d), who has furnished labor or material to an original contractor or to another subcontractor accrues on the last day of the last month in which the labor was performed or the material furnished.

(d) Indebtedness for specially fabricated material accrues:

(1) on the last day of the last month in which materials were delivered;

(2) on the last day of the last month in which delivery of the last of the material would normally have been required at the job site; or

(3) on the last day of the month of any material breach or termination of the original contract by the owner or contractor or of the subcontract under which the specially fabricated material was furnished.

(e) A claim for retainage accrues on the earliest of the last day of the month in which all work called for by the contract between the owner and the original contractor has been completed, finally settled, terminated, or abandoned.

Acts 1983, 68th Leg., p. 3539, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 5, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 851, Sec. 3, eff. Sept. 1, 1995.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 1, eff. September 1, 2011.

Sec. 53.054. CONTENTS OF AFFIDAVIT. (a) The affidavit must be signed by the person claiming the lien or by another person on the claimant’s behalf and must contain substantially:

(1) a sworn statement of the amount of the claim;

(2) the name and last known address of the owner or reputed owner;

(3) a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested;

(4) the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;

(5) the name and last known address of the original contractor;

(6) a description, legally sufficient for identification, of the property sought to be charged with the lien;

(7) the claimant’s name, mailing address, and, if different, physical address; and

(8) for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.

(b) The claimant may attach to the affidavit a copy of any applicable written agreement or contract and a copy of each notice sent to the owner.

(c) The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated. The affidavit may use any abbreviations or symbols customary in the trade.

Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 6, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 6, eff. Sept. 1, 1997.

Sec. 53.055. NOTICE OF FILED AFFIDAVIT. (a) A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner at the owner’s last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.

(b) If the person is not an original contractor, the person must also send a copy of the affidavit to the original contractor at the original contractor’s last known business or residence address within the same period.

Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 7, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 48, Sec. 7, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 526, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 2, eff. Sept. 1, 1999.

Sec. 53.056. DERIVATIVE CLAIMANT: NOTICE TO OWNER OR ORIGINAL CONTRACTOR. (a) Except as provided by Subchapter K, a claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid.

(b) If the lien claim arises from a debt incurred by a subcontractor, the claimant must give to the original contractor written notice of the unpaid balance. The claimant must give the notice not later than the 15th day of the second month following each month in which all or part of the claimant’s labor was performed or material delivered. The claimant must give the same notice to the owner or reputed owner and the original contractor not later than the 15th day of the third month following each month in which all or part of the claimant’s labor was performed or material or specially fabricated material was delivered.

(c) If the lien claim arises from a debt incurred by the original contractor, the claimant must give notice to the owner or reputed owner, with a copy to the original contractor, in accordance with Subsection (b).

(d) To authorize the owner to withhold funds under Subchapter D, the notice to the owner must state that if the claim remains unpaid, the owner may be personally liable and the owner’s property may be subjected to a lien unless:

(1) the owner withholds payments from the contractor for payment of the claim; or

(2) the claim is otherwise paid or settled.

(e) The notice must be sent by registered or certified mail and must be addressed to the owner or reputed owner or the original contractor, as applicable, at his last known business or residence address.

(f) A copy of the statement or billing in the usual and customary form is sufficient as notice under this section.

Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 8, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 8, eff. Sept. 1, 1997.

Sec. 53.057. DERIVATIVE CLAIMANT: NOTICE FOR CONTRACTUAL RETAINAGE CLAIM. (a) A claimant may give notice under this section instead of or in addition to notice under Section 53.056 or 53.252 if the claimant is to labor, furnish labor or materials, or specially fabricate materials, or has labored, furnished labor or materials, or specially fabricated materials, under an agreement with an original contractor or a subcontractor providing for retainage.

(b) The claimant must give the owner or reputed owner notice of contractual retainage not later than the earlier of:

(1) the 30th day after the date the claimant’s agreement providing for retainage is completed, terminated, or abandoned; or

(2) the 30th day after the date the original contract is terminated or abandoned.

(b-1) If an agreement for contractual retainage is with a subcontractor, the claimant must also give the notice of contractual retainage to the original contractor within the period prescribed by Subsection (b).

(c) The notice must generally state the existence of a requirement for retainage and contain:

(1) the name and address of the claimant; and

(2) if the agreement is with a subcontractor, the name and address of the subcontractor.

(d) The notice must be sent to the last known business or residence address of the owner or reputed owner or the original contractor, as applicable.

(e) If a claimant gives notice under this section and Section 53.055 or, if the claim relates to a residential construction project, under this section and Section 53.252, the claimant is not required to give any other notice as to the retainage.

(f) A claimant has a lien on, and the owner is personally liable to the claimant for, the retained funds under Subchapter E if the claimant:

(1) gives notice in accordance with this section and:

(A) complies with Subchapter E; or

(B) files an affidavit claiming a lien not later than the earliest of:

(i) the date required for filing an affidavit under Section 53.052;

(ii) the 40th day after the date stated in an affidavit of completion as the date of completion of the work under the original contract, if the owner sent the claimant notice of an affidavit of completion in the time and manner required;

(iii) the 40th day after the date of termination or abandonment of the original contract, if the owner sent the claimant a notice of such termination or abandonment in the time and manner required; or

(iv) the 30th day after the date the owner sent to the claimant to the claimant’s address provided in the notice for contractual retainage, as required under Subsection (c), a written notice of demand for the claimant to file the affidavit claiming a lien; and

(2) gives the notice of the filed affidavit as required by Section 53.055.

(g) The written demand under Subsection (f)(1)(B)(iv):

(1) must contain the owner’s name and address and a description, legally sufficient for identification, of the real property on which the improvement is located;

(2) must state that the claimant must file the lien affidavit not later than the 30th day after the date the demand is sent; and

(3) is effective only for the amount of contractual retainage earned by the claimant as of the day the demand was sent.

Acts 1983, 68th Leg., p. 3541, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 9, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 2, eff. September 1, 2011.

Sec. 53.058. DERIVATIVE CLAIMANT: NOTICE FOR SPECIALLY FABRICATED ITEMS. (a) Except as provided by Subchapter K, a claimant who specially fabricates material must give notice under this section for the lien to be valid.

(b) The claimant must give the owner or reputed owner notice not later than the 15th day of the second month after the month in which the claimant receives and accepts the order for the material. If the indebtedness is incurred by a person other than the original contractor, the claimant must also give notice within that time to the original contractor.

(c) The notice must contain:

(1) a statement that the order has been received and accepted; and

(2) the price of the order.

(d) The notice must be sent by registered or certified mail to the last known business or residence address of the owner or the reputed owner or the original contractor, as applicable.

(e) In addition to notice under this section, the claimant must give notice under Section 53.056 if delivery has been made or if the normal delivery time for the job has passed.

(f) The lien of a claimant who accepts an order but fails to give notice under this section is valid as to delivered items if the claimant has given notice under Section 53.056.

(g) If a retainage agreement consists in whole or part of an obligation to furnish specially fabricated materials and the claimant has given notice under Section 53.057, the claimant is not required to give notice under this section.

Acts 1983, 68th Leg., p. 3542, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 10, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 10, eff. Sept. 1, 1997.

SUBCHAPTER D. FUNDS WITHHELD BY OWNER FOLLOWING NOTICE

Sec. 53.081. AUTHORITY TO WITHHOLD FUNDS FOR BENEFIT OF CLAIMANTS. (a) If an owner receives notice under Section 53.056, 53.057, 53.058, 53.252, or 53.253, the owner may withhold from payments to the original contractor an amount necessary to pay the claim for which he receives notice.

(b) If notice is sent in a form that substantially complies with Section 53.056 or 53.252, the owner may withhold the funds immediately on receipt of the notice.

(c) If notice is sent under Section 53.057, the owner may withhold funds immediately on receipt of a copy of the claimant’s affidavit prepared in accordance with Sections 53.052 through 53.055.

(d) If notice is sent under Section 53.058, the owner may withhold funds immediately on receipt of the notices sent under Subsection (e) of that section. If notice is sent as provided by Section 53.253(b), the owner may withhold funds immediately on receipt of the notice sent as required by Section 53.252.

Acts 1983, 68th Leg., p. 3543, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 12, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 11, eff. Sept. 1, 1997.

Sec. 53.082. TIME FOR WHICH FUNDS ARE WITHHELD. Unless payment is made under Section 53.083 or the claim is otherwise settled, discharged, indemnified against under Subchapter H or I, or determined to be invalid by a final judgment of a court, the owner shall retain the funds withheld until:

(1) the time for filing the affidavit of mechanic’s lien has passed; or

(2) if a lien affidavit has been filed, until the lien claim has been satisfied or released.

Acts 1983, 68th Leg., p. 3544, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 13, eff. Sept. 1, 1989.

Sec. 53.083. PAYMENT TO CLAIMANT ON DEMAND. (a) The claimant may make written demand for payment of the claim to an owner authorized to withhold funds under this subchapter. The demand must give notice to the owner that all or part of the claim has accrued under Section 53.053 or is past due according to the agreement between the parties.

(b) The claimant must send a copy of the demand to the original contractor. The original contractor may give the owner written notice that the contractor intends to dispute the claim. The original contractor must give the notice not later than the 30th day after the day he receives the copy of the demand. If the original contractor does not give the owner timely notice, he is considered to have assented to the demand and the owner shall pay the claim.

(c) The claimant’s demand may accompany the original notice of nonpayment or of a past-due claim and may be stamped or written in legible form on the face of the notice.

(d) Unless the lien has been secured, the demand may not be made after expiration of the time within which the claimant may secure the lien for the claim.

Acts 1983, 68th Leg., p. 3544, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.084. OWNER’S LIABILITY. (a) Except for the amount required to be retained under Subchapter E, the owner is not liable for any amount paid to the original contractor before the owner is authorized to withhold funds under this subchapter.

(b) If the owner has received the notices required by Subchapter C or K, if the lien has been secured, and if the claim has been reduced to final judgment, the owner is liable and the owner’s property is subject to a claim for any money paid to the original contractor after the owner was authorized to withhold funds under this subchapter. The owner is liable for that amount in addition to any amount for which he is liable under Subchapter E.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 12, eff. Sept. 1, 1997.

Sec. 53.085. AFFIDAVIT REQUIRED. (a) Any person who furnishes labor or materials for the construction of improvements on real property shall, if requested and as a condition of payment for such labor or materials, provide to the requesting party, or the party’s agent, an affidavit stating that the person has paid each of the person’s subcontractors, laborers, or materialmen in full for all labor and materials provided to the person for the construction. In the event, however, that the person has not paid each of the person’s subcontractors, laborers, or materialmen in full, the person shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each subcontractor, laborer, or materialman to whom the payment is owed.

(b) The seller of any real property shall, upon request by the purchaser or the purchaser’s agent prior to closing of the purchase of the real property, provide to the purchaser or the purchaser’s agent, a written affidavit stating that the seller has paid each of the seller’s contractors, laborers, or materialmen in full for all labor and materials provided to the seller through the date specified in the affidavit for any construction of improvements on the real property and that the seller is not indebted to any person, firm, or corporation by reason of any such construction through the date specified in the affidavit. In the event that the seller has not paid each of the seller’s contractors, laborers, or materialmen in full for labor and material provided through the date specified in the affidavit, the seller shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each contractor, laborer, or materialman to whom the payment is owed.

(c) The affidavit may include:

(1) a waiver or release of lien rights or payment bond claims by the affiant that is conditioned on the receipt of actual payment or collection of funds when payment is made by check or draft, as provided by Subchapter L;

(2) a warranty or representation that certain bills or classes of bills will be paid by the affiant from funds paid in reliance on the affidavit; and

(3) an indemnification by the affiant for any loss or expense resulting from false or incorrect information in the affidavit.

(d) A person, including a seller, commits an offense if the person intentionally, knowingly, or recklessly makes a false or misleading statement in an affidavit under this section. An offense under this section is a misdemeanor. A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement. A person may not receive community supervision for the offense.

(e) A person signing an affidavit under this section is personally liable for any loss or damage resulting from any false or incorrect information in the affidavit.

Added by Acts 1987, 70th Leg., ch. 578, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 14, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 13, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 2, eff. January 1, 2012.

SUBCHAPTER E. REQUIRED RETAINAGE FOR BENEFIT OF LIEN CLAIMANTS

Sec. 53.101. REQUIRED RETAINAGE. (a) During the progress of work under an original contract for which a mechanic’s lien may be claimed and for 30 days after the work is completed, the owner shall retain:

(1) 10 percent of the contract price of the work to the owner; or

(2) 10 percent of the value of the work, measured by the proportion that the work done bears to the work to be done, using the contract price or, if there is no contract price, using the reasonable value of the completed work.

(b) In this section, “owner” includes the owner’s agent, trustee, or receiver.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 15, eff. Sept. 1, 1989.

Sec. 53.102. PAYMENT SECURED BY RETAINAGE. The retained funds secure the payment of artisans and mechanics who perform labor or service and the payment of other persons who furnish material, material and labor, or specially fabricated material for any contractor, subcontractor, agent, or receiver in the performance of the work.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.103. LIEN ON RETAINED FUNDS. A claimant has a lien on the retained funds if the claimant:

(1) sends the notices required by this chapter in the time and manner required; and

(2) except as allowed by Section 53.057(f), files an affidavit claiming a lien not later than the 30th day after the earliest of the date:

(A) the work is completed;

(B) the original contract is terminated; or

(C) the original contractor abandons performance under the original contract.

Acts 1983, 68th Leg., p. 3545, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2005, 79th Leg., Ch. 1003 (H.B. 629), Sec. 1, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 3, eff. September 1, 2011.

Sec. 53.104. PREFERENCES. (a) Individual artisans and mechanics are entitled to a preference to the retained funds and shall share proportionately to the extent of their claims for wages and fringe benefits earned.

(b) After payment of artisans and mechanics who are entitled to a preference under Subsection (a), other participating claimants share proportionately in the balance of the retained funds.

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 16, eff. Sept. 1, 1989.

Sec. 53.105. OWNER’S LIABILITY FOR FAILURE TO RETAIN. (a) If the owner fails or refuses to comply with this subchapter, the claimants complying with Subchapter C or this subchapter have a lien, at least to the extent of the amount that should have been retained from the original contract under which they are claiming, against the house, building, structure, fixture, or improvement and all of its properties and against the lot or lots of land necessarily connected.

(b) The claimants share the lien proportionately in accordance with the preference provided by Section 53.104.

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 13.02, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1138, Sec. 17, eff. Sept. 1, 1989.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 4, eff. September 1, 2011.

Sec. 53.106. AFFIDAVIT OF COMPLETION. (a) An owner may file with the county clerk of the county in which the property is located an affidavit of completion. The affidavit must contain:

(1) the name and address of the owner;

(2) the name and address of the original contractor;

(3) a description, legally sufficient for identification, of the real property on which the improvements are located;

(4) a description of the improvements furnished under the original contract;

(5) a statement that the improvements under the original contract have been completed and the date of completion; and

(6) a conspicuous statement that a claimant may not have a lien on retained funds unless the claimant files an affidavit claiming a lien not later than the 40th day after the date the work under the original contract is completed.

(b) A copy of the affidavit must be sent by certified or registered mail to the original contractor not later than the date the affidavit is filed and to each claimant who sends a notice of lien liability to the owner under Section 53.056, 53.057, 53.058, 53.252, or 53.253 not later than the date the affidavit is filed or the 10th day after the date the owner receives the notice of lien liability, whichever is later.

(c) A copy of the affidavit must also be sent to each person who furnishes labor or materials for the property and who furnishes the owner with a written request for the copy. The owner must furnish the copy to the person not later than the date the affidavit is filed or the 10th day after the date the request is received, whichever is later.

(d) Except as provided by this subsection, an affidavit filed under this section on or before the 10th day after the date of completion of the improvements is prima facie evidence of the date the work under the original contract is completed for purposes of this subchapter and Section 53.057. If the affidavit is filed after the 10th day after the date of completion, the date of completion for purposes of this subchapter and Section 53.057 is the date the affidavit is filed. This subsection does not apply to a person to whom the affidavit was not sent as required by this section.

(e) Repealed by Acts 1999, 76th Leg., ch. 889, Sec. 12, eff. Sept. 1, 1999.

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 18, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 14, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 12, eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 5, eff. September 1, 2011.

Sec. 53.107. NOTICE RELATING TO TERMINATION OF WORK OR ABANDONMENT OF PERFORMANCE BY ORIGINAL CONTRACTOR OR OWNER. (a) Not later than the 10th day after the date an original contract is terminated or the original contractor abandons performance under the original contract, the owner shall give notice to each subcontractor who, before the date of termination or abandonment, has:

(1) given notice to the owner as provided by Section 53.056, 53.057, or 53.058; or

(2) sent to the owner by certified or registered mail a written request for notice of termination or abandonment.

(b) The notice must contain:

(1) the name and address of the owner;

(2) the name and address of the original contractor;

(3) a description, legally sufficient for identification, of the real property on which the improvements are located;

(4) a general description of the improvements agreed to be furnished under the original contract;

(5) a statement that the original contract has been terminated or that performance under the contract has been abandoned;

(6) the date of the termination or abandonment; and

(7) a conspicuous statement that a claimant may not have a lien on the retained funds unless the claimant files an affidavit claiming a lien not later than the 40th day after the date of the termination or abandonment.

(c) A notice sent in compliance with this section on or before the 10th day after the date of termination or abandonment is prima facie evidence of the date the original contract was terminated or work was abandoned for purposes of this subchapter.

(d) If an owner is required to send a notice to a subcontractor under this section and fails to send the notice, the subcontractor is not required to comply with Section 53.057 to claim retainage and may claim a lien by filing a lien affidavit as prescribed by Section 53.052.

(e) This section does not apply to a residential construction project.

Added by Acts 2005, 79th Leg., Ch. 1003 (H.B. 629), Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 6, eff. September 1, 2011.

SUBCHAPTER F. PRIORITIES AND PREFERENCES

Sec. 53.121. PREFERENCE OVER OTHER CREDITORS. All subcontractors, laborers, and materialmen who have a mechanic’s lien have preference over other creditors of the original contractor.

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.122. EQUALITY OF MECHANIC’S LIENS. (a) Except as provided by Subchapter E and Section 53.124(e), perfected mechanic’s liens are on equal footing without reference to the date of filing the affidavit claiming the lien.

(b) If the proceeds of a foreclosure sale of property are insufficient to discharge all mechanic’s liens against the property, the proceeds shall be paid pro rata on the perfected mechanic’s liens on which suit is brought.

(c) This chapter does not affect the contract between the owner and the original contractor as to the amount, manner, or time of payment of the contract price.

Acts 1983, 68th Leg., p. 3546, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 851, Sec. 4, eff. Sept. 1, 1995.

Sec. 53.123. PRIORITY OF MECHANIC’S LIEN OVER OTHER LIENS. (a) Except as provided by this section, a mechanic’s lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, encumbrance, or mortgage on the land on which it is located, and the person enforcing the lien may have the house, building, improvement, or any piece of the railroad property sold separately.

(b) The mechanic’s lien does not affect any lien, encumbrance, or mortgage on the land or improvement at the time of the inception of the mechanic’s lien, and the holder of the lien, encumbrance, or mortgage need not be made a party to a suit to foreclose the mechanic’s lien.

Acts 1983, 68th Leg., p. 3547, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.124. INCEPTION OF MECHANIC’S LIEN. (a) Except as provided by Subsection (e), for purposes of Section 53.123, the time of inception of a mechanic’s lien is the commencement of construction of improvements or delivery of materials to the land on which the improvements are to be located and on which the materials are to be used.

(b) The construction or materials under Subsection (a) must be visible from inspection of the land on which the improvements are being made.

(c) An owner and original contractor may jointly file an affidavit of commencement with the county clerk of the county in which the land is located not later than the 30th day after the date of actual commencement of construction of the improvements or delivery of materials to the land. The affidavit must contain:

(1) the name and address of the owner;

(2) the name and address of each original contractor, known at the time to the owner, that is furnishing labor, service, or materials for the construction of the improvements;

(3) a description, legally sufficient for identification, of the property being improved;

(4) the date the work actually commenced; and

(5) a general description of the improvement.

(d) An affidavit filed in compliance with this section is prima facie evidence of the date of the commencement of the improvement described in the affidavit. The time of inception of a mechanic’s lien arising from work described in an affidavit of commencement is the date of commencement of the work stated in the affidavit.

(e) The time of inception of a lien that is created under Section 53.021(c), (d), or (e) is the date of recording of an affidavit of lien under Section 53.052. The priority of a lien claimed by a person entitled to a lien under Section 53.021(c), (d), or (e) with respect to other mechanic’s liens is determined by the date of recording. A lien created under Section 53.021(c), (d), or (e) is not valid or enforceable against a grantee or purchaser who acquires an interest in the real property before the time of inception of the lien.

Acts 1983, 68th Leg., p. 3547, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 19, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 851, Sec. 5, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 896, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 410, Sec. 2, eff. Sept. 1, 2003.

SUBCHAPTER G. RELEASE AND FORECLOSURE; ACTION ON CLAIM

Sec. 53.151. ENFORCEMENT OF REMEDIES AGAINST MONEY DUE ORIGINAL CONTRACTOR OR SUBCONTRACTOR. (a) A creditor of an original contractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the original contractor or the contractor’s surety from the owner, and a creditor of a subcontractor may not collect, enforce a security interest against, garnish, or levy execution on the money due the subcontractor, to the prejudice of the subcontractors, mechanics, laborers, materialmen, or their sureties.

(b) A surety issuing a payment bond or performance bond in connection with the improvements has a priority claim over other creditors of its principal to contract funds to the extent of any loss it suffers or incurs. That priority does not excuse the surety from paying any obligations that it may have under its payment bonds.

Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 20, eff. Sept. 1, 1989.

Sec. 53.152. RELEASE OF CLAIM OR LIEN. (a) When a debt for labor or materials is satisfied or paid by collected funds, the person who furnished the labor or materials shall, not later than the 10th day after the date of receipt of a written request, furnish to the requesting person a release of the indebtedness and any lien claimed, to the extent of the indebtedness paid. An owner, the original contractor, or any person making the payment may request the release.

(b) A release of lien must be in a form that would permit it to be filed of record.

Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 21, eff. Sept. 1, 1989.

Sec. 53.153. DEFENSE OF ACTIONS. (a) If an affidavit claiming a mechanic’s lien is filed by a person other than the original contractor, the original contractor shall defend at his own expense a suit brought on the claim.

(b) If the suit results in judgment on the lien against the owner or the owner’s property, the owner is entitled to deduct the amount of the judgment and costs from any amount due the original contractor. If the owner has settled with the original contractor in full, the owner is entitled to recover from the original contractor any amount paid for which the original contractor was originally liable.

Acts 1983, 68th Leg., p. 3548, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.154. FORECLOSURE. A mechanic’s lien may be foreclosed only on judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property subject to the lien.

Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.155. TRANSFER OF PROPERTY SOLD. If the house, building, improvement, or any piece of railroad property is sold separately, the officer making the sale shall place the purchaser in possession. The purchaser is entitled to a reasonable time after the date of purchase within which to remove the purchased property.

Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.156. COSTS AND ATTORNEY’S FEES. In any proceeding to foreclose a lien or to enforce a claim against a bond issued under Subchapter H, I, or J or in any proceeding to declare that any lien or claim is invalid or unenforceable in whole or in part, the court shall award costs and reasonable attorney’s fees as are equitable and just. With respect to a lien or claim arising out of a residential construction contract, the court is not required to order the property owner to pay costs and attorney’s fees under this section.

Added by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 4(a), eff. Oct. 2, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 22, eff. Sept. 1, 1989.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 51 (S.B. 539), Sec. 1, eff. September 1, 2011.

Sec. 53.157. DISCHARGE OF LIEN. A mechanic’s lien or affidavit claiming a mechanic’s lien filed under Section 53.052 may be discharged of record by:

(1) recording a lien release signed by the claimant under Section 53.152;

(2) failing to institute suit to foreclose the lien in the county in which the property is located within the period prescribed by Section 53.158, 53.175, or 53.208;

(3) recording the original or certified copy of a final judgment or decree of a court of competent jurisdiction providing for the discharge;

(4) filing the bond and notice in compliance with Subchapter H;

(5) filing the bond in compliance with Subchapter I; or

(6) recording a certified copy of the order removing the lien under Section 53.160 and a certificate from the clerk of the court that states that no bond or deposit as described by Section 53.161 was filed by the claimant within 30 days after the date the order was entered.

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 15, eff. Sept. 1, 1997.

Sec. 53.158. PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN. (a) Except as provided by Subsection (b), suit must be brought to foreclose the lien within two years after the last day a claimant may file the lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.

(b) For a claim arising from a residential construction project, suit must be brought to foreclose the lien within one year after the last day a claimant may file a lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 4, eff. Sept. 1, 1999.

Sec. 53.159. OBLIGATION TO FURNISH INFORMATION. (a) An owner, on written request, shall furnish the following information within a reasonable time, but not later than the 10th day after the date the request is received, to any person furnishing labor or materials for the project:

(1) a description of the real property being improved legally sufficient to identify it;

(2) whether there is a surety bond and if so, the name and last known address of the surety and a copy of the bond;

(3) whether there are any prior recorded liens or security interests on the real property being improved and if so, the name and address of the person having the lien or security interest; and

(4) the date on which the original contract for the project was executed.

(b) An original contractor, on written request by a person who furnished work under the original contract, shall furnish to the person the following information within a reasonable time, but not later than the 10th day after the date the request is received:

(1) the name and last known address of the person to whom the original contractor furnished labor or materials for the construction project;

(2) whether the original contractor has furnished or has been furnished a payment bond for any of the work on the construction project and if so, the name and last known address of the surety and a copy of the bond; and

(3) the date on which the original contract for the project was executed.

(c) A subcontractor, on written request by an owner of the property being improved, the original contractor, a surety on a bond covering the original contract, or any person furnishing work under the subcontract, shall furnish to the person the following information within a reasonable time, but not later than the 10th day after the date the request is received:

(1) the name and last known address of each person from whom the subcontractor purchased labor or materials for the construction project, other than those materials that were furnished to the project from the subcontractor’s inventory;

(2) the name and last known address of each person to whom the subcontractor furnished labor or materials for the construction project; and

(3) whether the subcontractor has furnished or has been furnished a payment bond for any of the work on the construction project and if so, the name and last known address of the surety and a copy of the bond.

(d) Not later than the 30th day after the date a written request is received from the owner, the contractor under whom a claim of lien or under whom a bond is made, or a surety on a bond on which a claim is made, a claimant for a lien or under a bond shall furnish to the requesting person a copy of any applicable written agreement, purchase order, or contract and any billing, statement, or payment request of the claimant reflecting the amount claimed and the work performed by the claimant for which the claim is made. If requested, the claimant shall provide the estimated amount due for each calendar month in which the claimant has performed labor or furnished materials.

(e) If a person from whom information is requested does not have a direct contractual relationship on the project with the person requesting the information, the person from whom information is requested, other than a claimant requested to furnish information under Subsection (d), may require payment of the actual costs, not to exceed $25, in furnishing the requested information.

(f) A person, other than a claimant requested to furnish information under Subsection (d), who fails to furnish information as required by this section is liable to the requesting person for that person’s reasonable and necessary costs incurred in procuring the requested information.

(g) Expired.

Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 7, eff. September 1, 2011.

Sec. 53.160. SUMMARY MOTION TO REMOVE INVALID OR UNENFORCEABLE LIEN. (a) In a suit brought to foreclose a lien or to declare a claim or lien invalid or unenforceable, a party objecting to the validity or enforceability of the claim or lien may file a motion to remove the claim or lien. The motion must be verified and state the legal and factual basis for objecting to the validity or enforceability of the claim or lien. The motion may be accompanied by supporting affidavits.

(b) The grounds for objecting to the validity or enforceability of the claim or lien for purposes of the motion are limited to the following:

(1) notice of claim was not furnished to the owner or original contractor as required by Section 53.056, 53.057, 53.058, 53.252, or 53.253;

(2) an affidavit claiming a lien failed to comply with Section 53.054 or was not filed as required by Section 53.052;

(3) notice of the filed affidavit was not furnished to the owner or original contractor as required by Section 53.055;

(4) the deadlines for perfecting a lien claim for retainage under this chapter have expired and the owner complied with the requirements of Section 53.101 and paid the retainage and all other funds owed to the original contractor before:

(A) the claimant perfected the lien claim; and

(B) the owner received a notice of the claim as required by this chapter;

(5) all funds subject to the notice of a claim to the owner and a notice regarding the retainage have been deposited in the registry of the court and the owner has no additional liability to the claimant;

(6) when the lien affidavit was filed on homestead property:

(A) no contract was executed or filed as required by Section 53.254;

(B) the affidavit claiming a lien failed to contain the notice as required by Section 53.254; or

(C) the notice of the claim failed to include the statement required by Section 53.254; and

(7) the claimant executed a valid and enforceable waiver or release of the claim or lien claimed in the affidavit.

(c) The claimant is not required to file a response. The claimant and any other party that has appeared in the proceeding must be notified by at least 21 days before the date of the hearing on the motion. A motion may not be heard before the 21st day after the date the claimant answers or appears in the proceeding.

(d) At the hearing on the motion, the burden is on:

(1) the claimant to prove that the notice of claim and affidavit of lien were furnished to the owner and original contractor as required by this chapter; and

(2) the movant to establish that the lien should be removed for any other ground authorized by this section.

(e) The court shall promptly determine a motion to remove a claim or lien under this section. If the court determines that the movant is not entitled to remove the lien, the court shall enter an order denying the motion. If the court determines that the movant is entitled to remove the lien, the court shall enter an order removing the lien claimed in the lien affidavit. A party to the proceeding may not file an interlocutory appeal from the court’s order.

(f) Any admissible evidence offered at the hearing may be admitted in the trial of the case. The court’s order under Subsection (e) is not admissible as evidence in determining the validity and enforceability of the claim or lien.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 17, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 8, eff. September 1, 2011.

Sec. 53.161. BOND REQUIREMENTS AFTER ORDER TO REMOVE. (a) In the order removing a lien, the court shall set the amount of security that the claimant may provide in order to stay the removal of the claim or lien. The sum must be an amount that the court determines is a reasonable estimate of the costs and attorney’s fees the movant is likely to incur in the proceeding to determine the validity or enforceability of the lien. The sum may not exceed the amount of the lien claim.

(b) The court shall stay the order removing the lien if the claimant files a bond or a deposit in lieu of a bond in the amount set in the order with the clerk of the court not later than the 30th day after the date the order is entered by the court unless, for good cause, the court orders a later date for filing the bond or the deposit in lieu of a bond. If the court fails to set the amount of the security required, the amount required is the amount of the lien claim.

(c) The bond must be:

(1) executed by a corporate surety authorized to do business in this state and licensed by this state to execute bonds as surety; and

(2) conditioned on the claimant’s payment of any final judgment rendered against the claimant in the proceeding for attorney’s fees and costs to the movant under Section 53.156.

(d) In lieu of filing a bond, the claimant may deposit in the amount set by the court for the surety bond:

(1) cash;

(2) a negotiable obligation of the federal government or a federal agency; or

(3) a negotiable obligation of a financial institution chartered by the federal or state government that is insured by the federal government or a federal agency.

(e) A deposit made under Subsection (d) must be conditioned in the same manner as a surety bond. Any interest accrued on the deposit amount is a part of the deposit.

(f) If the claimant fails to file the bond or the deposit in lieu of the bond in compliance with this section, the owner may file:

(1) a certified copy of the order; and

(2) a certificate from the clerk of the court stating that:

(A) no bond or deposit in lieu of the bond was filed within 30 days after the date the order was entered by the court; and

(B) no order staying the order to remove the lien was entered by the court.

(g) The claim or lien is removed and extinguished as to a creditor or subsequent purchaser for valuable consideration who obtains an interest in the property after the certified copy of the order and certificate of the clerk of the court are filed with the county clerk. The removal of the lien does not constitute a release of the liability of the owner, if any, to the claimant.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 17, eff. Sept. 1, 1997.

Sec. 53.162. REVIVAL OF REMOVED LIEN. (a) If an order removing the lien is not stayed as provided by Section 53.161 and the claimant later obtains a final judgment in the suit establishing the validity and ordering the foreclosure of the lien, the claimant may file a certified copy of the final judgment with the county clerk.

(b) The filed judgment revives the lien, and the claimant may foreclose the lien.

(c) A lien revived under this section is void as to a creditor or subsequent purchaser for valuable consideration who obtained an interest in the property:

(1) after the order removing the lien and the certificate from the clerk of the court was filed with the county clerk; and

(2) before the final judgment reviving the lien was filed with the county clerk.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 17, eff. Sept. 1, 1997.

SUBCHAPTER H. BOND TO INDEMNIFY AGAINST LIEN

Sec. 53.171. BOND. (a) If a lien, other than a lien granted by the owner in a written contract, is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may file a bond to indemnify against the lien.

(b) The bond shall be filed with the county clerk of the county in which the property subject to the lien is located.

(c) A mechanic’s lien claim against an owner’s property is discharged after:

(1) a bond that complies with Section 53.172 is filed;

(2) the notice of the bond is issued as provided by Section 53.173; and

(3) the bond and notice are recorded as provided by Section 53.174.

Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 24, 39(1), eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 18, eff. Sept. 1, 1997.

Sec. 53.172. BOND REQUIREMENTS. The bond must:

(1) describe the property on which the liens are claimed;

(2) refer to each lien claimed in a manner sufficient to identify it;

(3) be in an amount that is double the amount of the liens referred to in the bond unless the total amount claimed in the liens exceeds $40,000, in which case the bond must be in an amount that is the greater of 1-1/2 times the amount of the liens or the sum of $40,000 and the amount of the liens;

(4) be payable to the parties claiming the liens;

(5) be executed by:

(A) the party filing the bond as principal; and

(B) a corporate surety authorized and admitted to do business under the law in this state and licensed by this state to execute the bond as surety, subject to Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon’s Texas Insurance Code); and

(6) be conditioned substantially that the principal and sureties will pay to the named obligees or to their assignees the amount that the named obligees would have been entitled to recover if their claims had been proved to be valid and enforceable liens on the property.

Acts 1983, 68th Leg., p. 3549, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 25, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1132, Sec. 2, eff. Sept. 1, 1997.

Sec. 53.173. NOTICE OF BOND. (a) After the bond is filed, the county clerk shall issue notice of the bond to all named obligees.

(b) A copy of the bond must be attached to the notice.

(c) The notice must be served on each obligee by mailing a copy of the notice and the bond to the obligee by certified United States mail, return receipt requested, addressed to the claimant at the address stated in the lien affidavit for the obligee.

(d) If the claimant’s lien affidavit does not state the claimant’s address, the notice is not required to be mailed to the claimant.

Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 26, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 19, eff. Sept. 1, 1997.

Sec. 53.174. RECORDING OF BOND AND NOTICE. (a) The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records.

(b) In acquiring an interest in or insuring title to real property, a purchaser, insurer of title, or lender may rely on and is absolutely protected by the record of the bond and the notice to the same extent as if the lien claimant had filed a release of lien in the real property records.

Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 27, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 20, eff. Sept. 1, 1997.

Sec. 53.175. ACTION ON BOND. (a) A party making or holding a lien claim may not sue on the bond later than one year after the date on which the notice is served or after the date on which the underlying lien claim becomes unenforceable under Section 53.158.

(b) The bond is not exhausted by one action against it. Each named obligee or assignee of an obligee may maintain a separate suit on the bond in any court of jurisdiction in the county in which the real property is located.

Acts 1983, 68th Leg., p. 3550, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 28, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 21, eff. Sept. 1, 1997.

SUBCHAPTER I. BOND TO PAY LIENS OR CLAIMS

Sec. 53.201. BOND. (a) An original contractor who has a written contract with the owner may furnish at any time a bond for the benefit of claimants.

(b) If a valid bond is filed, a claimant may not file suit against the owner or the owner’s property and the owner is relieved of obligations under Subchapter D or E.

Acts 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 22, eff. Sept. 1, 1997.

Sec. 53.202. BOND REQUIREMENTS. The bond must:

(1) be in a penal sum at least equal to the total of the original contract amount;

(2) be in favor of the owner;

(3) have the written approval of the owner endorsed on it;

(4) be executed by:

(A) the original contractor as principal; and

(B) a corporate surety authorized and admitted to do business in this state and licensed by this state to execute bonds as surety, subject to Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon’s Texas Insurance Code);

(5) be conditioned on prompt payment for all labor, subcontracts, materials, specially fabricated materials, and normal and usual extras not exceeding 15 percent of the contract price; and

(6) clearly and prominently display on the bond or on an attachment to the bond:

(A) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or

(B) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number.

Acts 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 29, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1132, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 380, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.158, eff. September 1, 2005.

Sec. 53.203. RECORDING OF BOND AND CONTRACT. (a) The bond and the contract between the original contractor and the owner shall be filed with the county clerk of the county in which is located all or part of the owner’s property on which the construction or repair is being performed or is to be performed. A memorandum of the contract or a copy of the contract may be substituted for the original.

(b) The plans, specifications, and general conditions of the contract are not required to be filed.

(c) The county clerk shall record the bond and place the contract on file in the clerk’s office and shall index and cross-index both in the names of the original contractor and the owner in records kept for that purpose.

(d) On request and payment of a reasonable fee, the county clerk shall furnish a copy of the bond and contract to any person.

(e) In any court of this state or in the United States, a copy of the bond and contract certified by the county clerk constitutes prima facie evidence of the contents, execution, delivery, and filing of the originals.

Acts 1983, 68th Leg., p. 3551, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 683, Sec. 1, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 1138, Sec. 30, eff. Sept. 1, 1989.

Sec. 53.204. RELIANCE ON RECORD. A purchaser, lender, or other person acquiring an interest in the owner’s property or an insurer of title is entitled to rely on the record of the bond and contract as constituting payment of all claims and liens for labor, subcontracts, materials, or specially fabricated materials incurred by the original contractor as if the purchaser, lender, or other person acquiring an interest in the owner’s property or an insurer of title were the owner who approved, accepted, and endorsed the bond and as if each person furnishing labor or materials for the work performed under the original contract, other than the original contractor, had filed a complete release and relinquishment of lien of record.

Acts 1983, 68th Leg., p. 3552, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 31, eff. Sept. 1, 1989.

Sec. 53.205. ENFORCEABLE CLAIMS. (a) The bond protects all persons with a claim that is:

(1) perfected in the manner prescribed for fixing a lien under Subchapter C or, if the claim relates to a residential construction project, under Subchapter K; or

(2) perfected in the manner prescribed by Section 53.206.

(b) A claim or the rights to a claim under the bond may be assigned.

Acts 1983, 68th Leg., p. 3552, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 5, eff. Sept. 1, 1999.

Sec. 53.206. PERFECTION OF CLAIM. (a) To perfect a claim against a bond in a manner other than that prescribed by Subchapter C or K for fixing a lien, a person must:

(1) give to the original contractor all applicable notices under the appropriate subchapter; and

(2) give to the surety on the bond, instead of the owner, all notices under the appropriate subchapter required to be given to the owner.

(b) To perfect a claim under this section, a person is not required to:

(1) give notice to the surety under Section 53.057, unless the claimant has a direct contractual relationship with the original contractor and the agreed retainage is in excess of 10 percent of the contract;

(2) give notice to the surety under Section 53.058(b) or, if the claim relates to a residential construction project, under Section 53.253(c); or

(3) file any affidavit with the county clerk.

(c) For the claim to be valid, a person must give notice in the time and manner required by this section, but the content of the notices need only provide fair notice of the amount and the nature of the claim asserted.

(d) A person satisfies the requirements of this section relating to providing notice to the surety if the person mails the notice by certified or registered mail to the surety:

(1) at the address stated on the bond or on an attachment to the bond;

(2) at the address on file with the Texas Department of Insurance; or

(3) at any other address allowed by law.

Acts 1983, 68th Leg., p. 3552, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 32, eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 889, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 380, Sec. 6, eff. Sept. 1, 2001.

Sec. 53.207. OWNER’S NOTICE OF CLAIM TO SURETY. (a) If the owner receives any of the notices or a lien is fixed under Subchapter C or K , the owner shall mail to the surety on the bond a copy of all notices received.

(b) Failure of the owner to send copies of notices to the surety does not relieve the surety of any liability under the bond if the claimant has complied with the requirements of this subchapter, nor does that failure impose any liability on the owner.

Acts 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 7, eff. Sept. 1, 1999.

Sec. 53.208. ACTION ON BOND. (a) A claimant may sue the principal and surety on the bond either jointly or severally, if his claim remains unpaid for 60 days after the claimant perfects the claim.

(b) The claimant may sue for the amount of the claim and court costs.

(c) The suit must be brought in the county in which the property being improved is located.

(d) If the bond is recorded at the time the lien is filed, the claimant must sue on the bond within one year following perfection of his claim. If the bond is not recorded at the time the lien is filed, the claimant must sue on the bond within two years following perfection of his claim.

Acts 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 33, eff. Sept. 1, 1989.

Sec. 53.210. CLAIMS IN EXCESS OF BOND AMOUNT. If valid claims against the bond exceed the penal sum of the bond, each claimant is entitled to a pro rata share of the penal sum.

Acts 1983, 68th Leg., p. 3553, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.211. ATTEMPTED COMPLIANCE. (a) A bond shall be construed to comply with this subchapter, and the rights and remedies on the bond are enforceable in the same manner as on other bonds under this subchapter, if the bond:

(1) is furnished and filed in attempted compliance with this subchapter; or

(2) evidences by its terms intent to comply with this subchapter.

(b) Any provision in any payment bond furnished or filed in attempted compliance with this subchapter that expands or restricts the rights or liabilities provided under this chapter shall be disregarded and the provisions of this subchapter shall be read into that bond.

Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 34, eff. Sept. 1, 1989.

SUBCHAPTER J. LIEN ON MONEY DUE PUBLIC WORKS CONTRACTOR

Sec. 53.231. LIEN. (a) A person who furnishes material or labor to a contractor under a prime contract with a governmental entity other than a municipality or a joint board created under Subchapter D, Chapter 22, Transportation Code, that does not exceed $25,000 and that is for public improvements in this state and who gives notice required by this subchapter has a lien on the money, bonds, or warrants due the contractor for the improvements.

(b) A person who furnishes material or labor to a contractor under a prime contract with a municipality or a joint board created under Subchapter D, Chapter 22, Transportation Code, that does not exceed $50,000 and that is for public improvements in this state and who gives notice required by this subchapter has a lien on the money, bonds, or warrants due the contractor for the improvements.

Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1304 (H.B. 2515), Sec. 2, eff. September 1, 2009.

Sec. 53.232. TO WHOM NOTICE GIVEN; MANNER. The lien claimant must send written notice of his claim by registered or certified mail to:

(1) the officials of the state, county, town, or municipality whose duty it is to pay the contractor; and

(2) the contractor at the contractor’s last known business or residence address.

Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.233. CONTENTS OF NOTICE. (a) Whether based on written or oral agreement, the notice must contain:

(1) the amount claimed;

(2) the name of the party to whom the materials were delivered or for whom the labor was performed;

(3) the dates and place of delivery or performance;

(4) a description reasonably sufficient to identify the materials delivered or labor performed and the amount due;

(5) a description reasonably sufficient to identify the project for which the material was delivered or the labor performed; and

(6) the claimant’s business address.

(b) The notice must be accompanied by a statement under oath that the amount claimed is just and correct and that all payments, lawful offsets, and credits known to the affiant have been allowed.

Acts 1983, 68th Leg., p. 3554, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 35, eff. Sept. 1, 1989.

Sec. 53.234. TIME FOR NOTICE. The lien claimant must give notice not later than the 15th day of the second month following the month in which the labor was performed or the material furnished.

Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 36, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1304 (H.B. 2515), Sec. 3, eff. September 1, 2009.

Sec. 53.235. OFFICIAL TO RETAIN FUNDS. A public official who receives the notice may not pay all of the money, bonds, or warrants due the contractor, but shall retain enough to pay the claim for which notice is given.

Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.236. BOND FOR RELEASE OF LIEN. (a) If a claim is filed attempting to fix a lien under this subchapter, the contractor against whom the claim is made may file a bond with the officials of the state, county, town, or municipality whose duty it is to pay the money, bonds, or warrants to the contractor.

(b) If the bond is approved by the proper official, its filing releases and discharges all liens fixed or attempted to be fixed by the filing of a claim, and the appropriate officials shall pay the money, bonds, or warrants to the contractor or the contractor’s assignee.

Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.237. BOND REQUIREMENTS. The bond must be:

(1) in an amount double the amount of the claims filed;

(2) payable to the claimants;

(3) executed by:

(A) the party filing the bond as principal; and

(B) a corporate surety authorized, admitted to do business, and licensed by the law of this state to execute the bond as surety; and

(4) conditioned that:

(A) the principal and surety will pay to the obligees named or to their assignees the amount of the claims or the portions of the claims proved to be liens under this subchapter; and

(B) the principal and surety will pay all court costs adjudged against the principal in actions brought by a claimant on the bond.

Acts 1983, 68th Leg., p. 3555, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 37, eff. Sept. 1, 1989.

Sec. 53.238. NOTICE OF BOND. The official with whom the bond is filed shall send an exact copy of the bond by registered mail or certified mail, return receipt requested, to all claimants.

Acts 1983, 68th Leg., p. 3556, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Sec. 53.239. ACTION ON BOND. (a) A claimant must sue on the bond within six months after the bond is filed.

(b) The bond is not exhausted by one action on it. Each obligee or his assignee may maintain a separate suit on the bond in any court of jurisdiction.

Acts 1983, 68th Leg., p. 3556, ch. 576, Sec. 1, eff. Jan. 1, 1984.

SUBCHAPTER K. RESIDENTIAL CONSTRUCTION PROJECTS

Sec. 53.251. PROCEDURES FOR RESIDENTIAL CONSTRUCTION PROJECTS. (a) This subchapter applies only to residential construction projects.

(b) A person must comply with this subchapter in addition to the other applicable provisions of this chapter to perfect a lien that arises from a claim resulting from a residential construction project.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Sec. 53.252. DERIVATIVE CLAIMANT: NOTICE TO OWNER OR ORIGINAL CONTRACTOR. (a) A claimant other than an original contractor must give the notice prescribed by this section for the lien to be valid. If the property that is the subject of the lien is a homestead, the notice must also comply with Section 53.254.

(b) The claimant must give to the owner or reputed owner and the original contractor written notice of the unpaid balance. The claimant must give the notice not later than the 15th day of the second month following each month in which all or part of the claimant’s labor was performed or material or specially fabricated material was delivered.

(c) To authorize the owner to withhold funds under Subchapter D, the notice to the owner must state that if the claim remains unpaid, the owner may be personally liable and the owner’s property may be subjected to a lien unless:

(1) the owner withholds payments from the contractor for payment of the claim; or

(2) the claim is otherwise paid or settled.

(d) The notice must be sent by registered or certified mail and must be addressed to the owner or reputed owner and the original contractor, as applicable, at the person’s last known business or residence address.

(e) A copy of the statement or billing in the usual and customary form is sufficient as notice under this section.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Sec. 53.253. DERIVATIVE CLAIMANT: NOTICE FOR SPECIALLY FABRICATED ITEMS. (a) If specially fabricated materials have not been delivered to the property or incorporated in the residential construction project, the claimant who specially fabricates material for incorporation in the residential construction project must give notice under this section for the lien to be valid.

(b) Once the specially fabricated materials have been delivered, the claimant must give notice under Section 53.252.

(c) The claimant must give the owner or reputed owner notice not later than the 15th day of the second month after the month in which the claimant receives and accepts the order for the material. If the indebtedness is incurred by a person other than the original contractor, the claimant must also give notice within that time to the original contractor.

(d) The notice must contain:

(1) a statement that the order has been received and accepted; and

(2) the price of the order.

(e) The notice must be sent by registered or certified mail to the last known business or residence address of the owner or the reputed owner or the original contractor, as applicable.

(f) The lien of a claimant who accepts an order but fails to give notice under this section is valid as to delivered items if the claimant has given notice under Section 53.252.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Sec. 53.254. HOMESTEAD. (a) To fix a lien on a homestead, the person who is to furnish material or perform labor and the owner must execute a written contract setting forth the terms of the agreement.

(b) The contract must be executed before the material is furnished or the labor is performed.

(c) If the owner is married, the contract must be signed by both spouses.

(d) If the contract is made by an original contractor, the contract inures to the benefit of all persons who labor or furnish material for the original contractor.

(e) The contract must be filed with the county clerk of the county in which the homestead is located. The county clerk shall record the contract in records kept for that purpose.

(f) An affidavit for lien filed under this subchapter that relates to a homestead must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent, at the top of the page:

“NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.”

(g) For the lien on a homestead to be valid, the notice required to be given to the owner under Section 53.252 must include or have attached the following statement:

“If a subcontractor or supplier who furnishes materials or performs labor for construction of improvements on your property is not paid, your property may be subject to a lien for the unpaid amount if:

(1) after receiving notice of the unpaid claim from the claimant, you fail to withhold payment to your contractor that is sufficient to cover the unpaid claim until the dispute is resolved; or

(2) during construction and for 30 days after completion of construction, you fail to retain 10 percent of the contract price or 10 percent of the value of the work performed by your contractor.

“If you have complied with the law regarding the 10 percent retainage and you have withheld payment to the contractor sufficient to cover any written notice of claim and have paid that amount, if any, to the claimant, any lien claim filed on your property by a subcontractor or supplier, other than a person who contracted directly with you, will not be a valid lien on your property. In addition, except for the required 10 percent retainage, you are not liable to a subcontractor or supplier for any amount paid to your contractor before you received written notice of the claim.”

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Sec. 53.255. DISCLOSURE STATEMENT REQUIRED FOR RESIDENTIAL CONSTRUCTION CONTRACT. (a) Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this section.

(b) The disclosure statement must read substantially similar to the following:

“KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW. You are about to enter into a transaction to build a new home or remodel existing residential property. Texas law requires your contractor to provide you with this brief overview of some of your rights, responsibilities, and risks in this transaction.

“CONVEYANCE TO CONTRACTOR NOT REQUIRED. Your contractor may not require you to convey your real property to your contractor as a condition to the agreement for the construction of improvements on your property.

“KNOW YOUR CONTRACTOR. Before you enter into your agreement for the construction of improvements to your real property, make sure that you have investigated your contractor. Obtain and verify references from other people who have used the contractor for the type and size of construction project on your property.

“GET IT IN WRITING. Make sure that you have a written agreement with your contractor that includes: (1) a description of the work the contractor is to perform; (2) the required or estimated time for completion of the work; (3) the cost of the work or how the cost will be determined; and (4) the procedure and method of payment, including provisions for statutory retainage and conditions for final payment. If your contractor made a promise, warranty, or representation to you concerning the work the contractor is to perform, make sure that promise, warranty, or representation is specified in the written agreement. An oral promise that is not included in the written agreement may not be enforceable under Texas law.

“READ BEFORE YOU SIGN. Do not sign any document before you have read and understood it. NEVER SIGN A DOCUMENT THAT INCLUDES AN UNTRUE STATEMENT. Take your time in reviewing documents. If you borrow money from a lender to pay for the improvements, you are entitled to have the loan closing documents furnished to you for review at least one business day before the closing. Do not waive this requirement unless a bona fide emergency or another good cause exists, and make sure you understand the documents before you sign them. If you fail to comply with the terms of the documents, you could lose your property. You are entitled to have your own attorney review any documents. If you have any question about the meaning of a document, consult an attorney.

“GET A LIST OF SUBCONTRACTORS AND SUPPLIERS. Before construction commences, your contractor is required to provide you with a list of the subcontractors and suppliers the contractor intends to use on your project. Your contractor is required to supply updated information on any subcontractors and suppliers added after the list is provided. Your contractor is not required to supply this information if you sign a written waiver of your rights to receive this information.

“MONITOR THE WORK. Lenders and governmental authorities may inspect the work in progress from time to time for their own purposes. These inspections are not intended as quality control inspections. Quality control is a matter for you and your contractor. To ensure that your home is being constructed in accordance with your wishes and specifications, you should inspect the work yourself or have your own independent inspector review the work in progress.

“MONITOR PAYMENTS. If you use a lender, your lender is required to provide you with a periodic statement showing the money disbursed by the lender from the proceeds of your loan. Each time your contractor requests payment from you or your lender for work performed, your contractor is also required to furnish you with a disbursement statement that lists the name and address of each subcontractor or supplier that the contractor intends to pay from the requested funds. Review these statements and make sure that the money is being properly disbursed.

“CLAIMS BY SUBCONTRACTORS AND SUPPLIERS. Under Texas law, if a subcontractor or supplier who furnishes labor or materials for the construction of improvements on your property is not paid, you may become liable and your property may be subject to a lien for the unpaid amount, even if you have not contracted directly with the subcontractor or supplier. To avoid liability, you should take the following actions:

(1) If you receive a written notice from a subcontractor or supplier, you should withhold payment from your contractor for the amount of the claim stated in the notice until the dispute between your contractor and the subcontractor or supplier is resolved. If your lender is disbursing money directly to your contractor, you should immediately provide a copy of the notice to your lender and instruct the lender to withhold payment in the amount of the claim stated in the notice. If you continue to pay the contractor after receiving the written notice without withholding the amount of the claim, you may be liable and your property may be subject to a lien for the amount you failed to withhold.

(2) During construction and for 30 days after final completion, termination, or abandonment of the contract by the contractor, you should withhold or cause your lender to withhold 10 percent of the amount of payments made for the work performed by your contractor. This is sometimes referred to as “statutory retainage.’ If you choose not to withhold the 10 percent for at least 30 days after final completion, termination, or abandonment of the contract by the contractor and if a valid claim is timely made by a claimant and your contractor fails to pay the claim, you may be personally liable and your property may be subject to a lien up to the amount that you failed to withhold.

“If a claim is not paid within a certain time period, the claimant is required to file a mechanic’s lien affidavit in the real property records in the county where the property is located. A mechanic’s lien affidavit is not a lien on your property, but the filing of the affidavit could result in a court imposing a lien on your property if the claimant is successful in litigation to enforce the lien claim.

“SOME CLAIMS MAY NOT BE VALID. When you receive a written notice of a claim or when a mechanic’s lien affidavit is filed on your property, you should know your legal rights and responsibilities regarding the claim. Not all claims are valid. A notice of a claim by a subcontractor or supplier is required to be sent, and the mechanic’s lien affidavit is required to be filed, within strict time periods. The notice and the affidavit must contain certain information. All claimants may not fully comply with the legal requirements to collect on a claim. If you have paid the contractor in full before receiving a notice of a claim and have fully complied with the law regarding statutory retainage, you may not be liable for that claim. Accordingly, you should consult your attorney when you receive a written notice of a claim to determine the true extent of your liability or potential liability for that claim.

“OBTAIN A LIEN RELEASE AND A BILLS-PAID AFFIDAVIT. When you receive a notice of claim, do not release withheld funds without obtaining a signed and notarized release of lien and claim from the claimant. You can also reduce the risk of having a claim filed by a subcontractor or supplier by requiring as a condition of each payment made by you or your lender that your contractor furnish you with an affidavit stating that all bills have been paid. Under Texas law, on final completion of the work and before final payment, the contractor is required to furnish you with an affidavit stating that all bills have been paid. If the contractor discloses any unpaid bill in the affidavit, you should withhold payment in the amount of the unpaid bill until you receive a waiver of lien or release from that subcontractor or supplier.

“OBTAIN TITLE INSURANCE PROTECTION. You may be able to obtain a title insurance policy to insure that the title to your property and the existing improvements on your property are free from liens claimed by subcontractors and suppliers. If your policy is issued before the improvements are completed and covers the value of the improvements to be completed, you should obtain, on the completion of the improvements and as a condition of your final payment, a ‘completion of improvements’ policy endorsement. This endorsement will protect your property from liens claimed by subcontractors and suppliers that may arise from the date the original title policy is issued to the date of the endorsement.”

(c) The failure of a contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 8, eff. Sept. 1, 1999.

Sec. 53.256. LIST OF SUBCONTRACTORS AND SUPPLIERS. (a) Except as provided by Subsection (d), for the construction of improvements under a residential construction contract, the original contractor shall:

(1) furnish to the owner before the commencement of construction a written list that identifies by name, address, and telephone number each subcontractor and supplier the contractor intends to use in the work to be performed; and

(2) provide the owner with an updated list of subcontractors and suppliers not later than the 15th day after the date a subcontractor or supplier is added or deleted.

(b) The list must contain the following notice conspicuously printed, stamped, or typed in a size equal to at least 10-point boldface or the computer equivalent:

“NOTICE: THIS LIST OF SUBCONTRACTORS AND SUPPLIERS MAY NOT BE A FINAL LISTING. UNLESS YOU SIGN A WAIVER OF YOUR RIGHT TO RECEIVE UPDATED INFORMATION, THE CONTRACTOR IS REQUIRED BY LAW TO SUPPLY UPDATED INFORMATION, AS THE INFORMATION BECOMES AVAILABLE, FOR EACH SUBCONTRACTOR OR SUPPLIER USED IN THE WORK PERFORMED ON YOUR RESIDENCE.”

(c) The failure of a contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.

(d) An owner may waive the right to receive the list of subcontractors and suppliers or any updated information required by this section only as provided by this subsection. The waiver must be in writing and may be included in the residential construction contract. If the waiver is not included as a provision of the residential construction contract, the separate waiver statement must be signed by the owner. The waiver must be conspicuously printed in at least 10-point bold-faced type and read substantially similar to the following:

“WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS. AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

“BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

“I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE.

“I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.”

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 9, eff. Sept. 1, 1999.

Sec. 53.257. PROVISIONS RELATED TO CLOSING OF LOAN FOR CONSTRUCTION OF IMPROVEMENTS. (a) If the owner is obtaining third-party financing for the construction of improvements under a residential construction contract, the lender shall deliver to the owner all documentation relating to the closing of the loan not later than one business day before the date of the closing. If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the documentation to the owner or the lender may modify previously provided documentation on the date of closing.

(b) The lender shall provide to the owner the disclosure statement described by Section 53.255(b). The disclosure statement must be provided to the owner before the date of closing. If a bona fide emergency or another good cause exists and the lender obtains the written consent of the owner, the lender may provide the disclosure statement at the closing. The lender shall retain a signed and dated copy of the disclosure statement with the closing documents.

(c) The failure of a lender to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Sec. 53.258. DISBURSEMENTS OF FUNDS. (a) At the time the original contractor requests payment from the owner or the owner’s lender for the construction of improvements under a residential construction contract, the original contractor shall provide to the owner a disbursement statement. The statement may include any information agreed to by the owner and the original contractor and must include at least the name and address of each person who subcontracted directly with the original contractor and who the original contractor intends to pay from the requested funds. The original contractor shall provide the disbursement statement:

(1) in the manner agreed to in writing by the owner and original contractor; or

(2) if no agreement exists, by depositing the statement in the United States mail, first class, postage paid, and properly addressed to the owner or by hand delivering the statement to the owner before the original contractor receives the requested funds.

(b) If the owner finances the construction of improvements through a third party that advances loan proceeds directly to the original contractor, the lender shall:

(1) obtain from the original contractor the signed disbursement statement required by Subsection (a) that covers the funds for which the original contractor is requesting payment; and

(2) provide to the owner a statement of funds disbursed by the lender since the last statement was provided to the owner.

(c) The lender shall provide to the owner the lender’s disbursement statement and the disbursement statement the lender obtained from the contractor before the lender disburses the funds to the original contractor. The disbursement statements may be provided in any manner agreed to by the lender and the owner.

(d) The lender is not responsible for the accuracy of the information contained in the disbursement statement obtained from the original contractor.

(e) The failure of a lender or an original contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust.

(f) A person commits an offense if the person intentionally, knowingly, or recklessly provides false or misleading information in a disbursement statement required under this section. An offense under this section is a misdemeanor. A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement. A person may not receive community supervision for the offense.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 10, eff. Sept. 1, 1999.

Sec. 53.259. FINAL BILLS-PAID AFFIDAVIT REQUIRED. (a) As a condition of final payment under a residential construction contract, the original contractor shall, at the time the final payment is tendered, execute and deliver to the owner, or the owner’s agent, an affidavit stating that the original contractor has paid each person in full for all labor and materials used in the construction of improvements on the real property. If the original contractor has not paid each person in full, the original contractor shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each person to whom a payment is owed.

(b) The seller of any real property on which a structure of not more than four units is constructed and that is intended as the principal place of residence for the purchaser shall, at the closing of the purchase of the real property, execute and deliver to the purchaser, or the purchaser’s agent, an affidavit stating that the seller has paid each person in full for all labor and materials used in the construction of improvements on the real property and that the seller is not indebted to any person by reason of any construction. In the event that the seller has not paid each person in full, the seller shall state in the affidavit the amount owed and the name and, if known, the address and telephone number of each person to whom a payment is owed.

(c) A person commits an offense if the person intentionally, knowingly, or recklessly makes a false or misleading statement in an affidavit under this section. An offense under this section is a misdemeanor. A person adjudged guilty of an offense under this section shall be punished by a fine not to exceed $4,000 or confinement in jail for a term not to exceed one year or both a fine and confinement. A person may not receive community supervision for the offense.

(d) A person signing an affidavit under this section is personally liable for any loss or damage resulting from any false or incorrect information in the affidavit.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997.

Sec. 53.260. CONVEYANCE TO CONTRACTOR NOT REQUIRED. An original contractor may not require an owner of real property to convey the real property to the original contractor or an entity controlled by the original contractor as a condition to the performance of the residential construction contract for improvements to the real property.

Added by Acts 1997, 75th Leg., ch. 526, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 889, Sec. 11, eff. Sept. 1, 1999.

SUBCHAPTER L. WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM

Sec. 53.281. WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM. (a) Any waiver and release of a lien or payment bond claim under this chapter is unenforceable unless a waiver and release is executed and delivered in accordance with this subchapter.

(b) A waiver and release is effective to release the owner, the owner’s property, the contractor, and the surety on a payment bond from claims and liens only if:

(1) the waiver and release substantially complies with one of the forms prescribed by Section 53.284;

(2) the waiver and release is signed by the claimant or the claimant’s authorized agent and notarized; and

(3) in the case of a conditional release, evidence of payment to the claimant exists.

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.282. CONDITIONS FOR WAIVER, RELEASE, OR IMPAIRMENT OF LIEN OR PAYMENT BOND CLAIM. (a) A statement purporting to waive, release, or otherwise adversely affect a lien or payment bond claim is not enforceable and does not create an estoppel or impairment of a lien or payment bond claim unless:

(1) the statement is in writing and substantially complies with a form prescribed by Section 53.284;

(2) the claimant has actually received payment in good and sufficient funds in full for the lien or payment bond claim; or

(3) the statement is:

(A) in a written original contract or subcontract for the construction, remodel, or repair of a single-family house, townhouse, or duplex or for land development related to a single-family house, townhouse, or duplex; and

(B) made before labor or materials are provided under the original contract or subcontract.

(b) The filing of a lien rendered unenforceable by a lien waiver under Subsection (a)(3) does not violate Section 12.002, Civil Practice and Remedies Code, unless:

(1) an owner or original contractor sends a written explanation of the basis for nonpayment, evidence of the contractual waiver of lien rights, and a notice of request for release of the lien to the claimant at the claimant’s address stated in the lien affidavit; and

(2) the lien claimant does not release the filed lien affidavit on or before the 14th day after the date the owner or the original contractor sends the items required by Subdivision (1).

(c) Subsection (a)(3) does not apply to a person who supplies only material, and not labor, for the construction, remodel, or repair of a single-family house, townhouse, or duplex or for land development related to a single-family house, townhouse, or duplex.

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.283. UNCONDITIONAL WAIVER AND RELEASE: PAYMENT REQUIRED. A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds.

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.284. FORMS FOR WAIVER AND RELEASE OF LIEN OR PAYMENT BOND CLAIM. (a) A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described by Subsections (b)-(e).

(b) If a claimant or potential claimant is required to execute a waiver and release in exchange for or to induce the payment of a progress payment and is not paid in exchange for the waiver and release or if a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must read:

“CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

“Project ___________________

“Job No. ___________________

“On receipt by the signer of this document of a check from ________________ (maker of check) in the sum of $__________ payable to _____________________ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the property of ________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description).

“This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

“Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

“The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

“Date ____________________________

“_________________________________ (Company name)

“By ______________________________ (Signature)

“_________________________________ (Title)”

(c) If a claimant or potential claimant is required to execute an unconditional waiver and release to prove the receipt of good and sufficient funds for a progress payment and the claimant or potential claimant asserts in the waiver and release that the claimant or potential claimant has been paid the progress payment, the waiver and release must:

(1) contain a notice at the top of the document, printed in bold type at least as large as the largest type used in the document, but not smaller than 10-point type, that reads:

“NOTICE:

“This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form.”; and

(2) below the notice, read:

“UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

“Project ___________________

“Job No. ___________________

“The signer of this document has been paid and has received a progress payment in the sum of $___________ for all labor, services, equipment, or materials furnished to the property or to _____________________ (person with whom signer contracted) on the property of _______________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description). The signer therefore waives and releases any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the above referenced project to the following extent:

“This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished.

“The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

“Date ____________________________

“_________________________________ (Company name)

“By ______________________________ (Signature)

“_________________________________ (Title)”

(d) If a claimant or potential claimant is required to execute a waiver and release in exchange for or to induce the payment of a final payment and is not paid in good and sufficient funds in exchange for the waiver and release or if a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must read:

“CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

“Project ___________________

“Job No. ___________________

“On receipt by the signer of this document of a check from ________________ (maker of check) in the sum of $____________ payable to _____________________ (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position that the signer has on the property of _____________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description).

“This release covers the final payment to the signer for all labor, services, equipment, or materials furnished to the property or to __________________ (person with whom signer contracted).

“Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer.

“The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.

“Date ____________________________

“_________________________________ (Company name)

“By ______________________________ (Signature)

“_________________________________ (Title)”

(e) If a claimant or potential claimant is required to execute an unconditional waiver and release to prove the receipt of good and sufficient funds for a final payment and the claimant or potential claimant asserts in the waiver and release that the claimant or potential claimant has been paid the final payment, the waiver and release must:

(1) contain a notice at the top of the document, printed in bold type at least as large as the largest type used in the document, but not smaller than 10-point type, that reads:

“NOTICE:

“This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form.”; and

(2) below the notice, read:

“UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

“Project ___________________

“Job No. ___________________

“The signer of this document has been paid in full for all labor, services, equipment, or materials furnished to the property or to ___________________ (person with whom signer contracted) on the property of ______________________ (owner) located at ______________________ (location) to the following extent: ______________________ (job description). The signer therefore waives and releases any mechanic’s lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer’s position.

“The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer’s laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project up to the date of this waiver and release.

“Date ____________________________

“_________________________________ (Company name)

“By ______________________________ (Signature)

“_________________________________ (Title)”

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.286. PUBLIC POLICY. Notwithstanding any other law and except as provided by Section 53.282, any contract, agreement, or understanding purporting to waive the right to file or enforce any lien or claim created under this chapter is void as against public policy.

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Sec. 53.287. CERTAIN AGREEMENTS EXEMPT. This subchapter does not apply to a written agreement to subordinate, release, waive, or satisfy all or part of a lien or bond claim in:

(1) an accord and satisfaction of an identified dispute;

(2) an agreement concerning an action pending in any court or arbitration proceeding; or

(3) an agreement that is executed after an affidavit claiming the lien has been filed or the bond claim has been made.

Added by Acts 2011, 82nd Leg., R.S., Ch. 271 (H.B. 1456), Sec. 3, eff. January 1, 2012.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 9th, 2015 Collections and Foreign Judgments, Construction Law, Contracts and Commercial Litigation

Contested Case Hearings Under the Texas Workers’ Compensation Act–Texas Workers’ Compensation Defense Attorneys

TEXAS LABOR CODE

TITLE 5. WORKERS’ COMPENSATION

SUBTITLE A. TEXAS WORKERS’ COMPENSATION ACT

CHAPTER 410. ADJUDICATION OF DISPUTES

SUBCHAPTER D. CONTESTED CASE HEARING

Sec. 410.151. CONTESTED CASE HEARING; SCOPE. (a) If arbitration is not elected under Section 410.104, a party to a claim for which a benefit review conference is held or a party eligible to proceed directly to a contested case hearing as provided by Section 410.024 is entitled to a contested case hearing.

(b) An issue that was not raised at a benefit review conference or that was resolved at a benefit review conference may not be considered unless:

(1) the parties consent; or

(2) if the issue was not raised, the commissioner determines that good cause existed for not raising the issue at the conference.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.180, eff. September 1, 2005.

Sec. 410.152. HEARING OFFICERS; QUALIFICATIONS. (a) A hearing officer shall conduct a contested case hearing.

(b) A hearing officer must be licensed to practice law in this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 410.153. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. Chapter 2001, Government Code, applies to a contested case hearing to the extent that the commissioner finds appropriate, except that the following do not apply:

(1) Section 2001.054;

(2) Sections 2001.061 and 2001.062;

(3) Section 2001.202; and

(4) Subchapters F, G, I, and Z, except for Section 2001.141(c).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.93, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.181, eff. September 1, 2005.

Sec. 410.154. SCHEDULING OF HEARING. The division shall schedule a contested case hearing in accordance with Section 410.024 or 410.025(b).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.182, eff. September 1, 2005.

Sec. 410.155. CONTINUANCE. (a) A written request by a party for a continuance of a contested case hearing to another date must be directed to the division.

(b) The division may grant a continuance only if the division determines that there is good cause for the continuance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.183, eff. September 1, 2005.

Sec. 410.156. ATTENDANCE REQUIRED; ADMINISTRATIVE VIOLATION. (a) Each party shall attend a contested case hearing.

(b) A party commits an administrative violation if the party, without good cause as determined by the hearing officer, does not attend a contested case hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.184, eff. September 1, 2005.

Sec. 410.157. RULES. The commissioner shall adopt rules governing procedures under which contested case hearings are conducted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.185, eff. September 1, 2005.

Sec. 410.158. DISCOVERY. (a) Except as provided by Section 410.162, discovery is limited to:

(1) depositions on written questions to any health care provider;

(2) depositions of other witnesses as permitted by the hearing officer for good cause shown; and

(3) interrogatories as prescribed by the commissioner.

(b) Discovery under Subsection (a) may not seek information that may readily be derived from documentary evidence described in Section 410.160. Answers to discovery under Subsection (a) need not duplicate information that may readily be derived from documentary evidence described in Section 410.160.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.186, eff. September 1, 2005.

Sec. 410.159. STANDARD INTERROGATORIES. (a) The commissioner by rule shall prescribe standard form sets of interrogatories to elicit information from claimants and insurance carriers.

(b) Standard interrogatories shall be answered by each party and served on the opposing party within the time prescribed by commissioner rule, unless the parties agree otherwise.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.187, eff. September 1, 2005.

Sec. 410.160. EXCHANGE OF INFORMATION. Within the time prescribed by commissioner rule, the parties shall exchange:

(1) all medical reports and reports of expert witnesses who will be called to testify at the hearing;

(2) all medical records;

(3) any witness statements;

(4) the identity and location of any witness known to the parties to have knowledge of relevant facts; and

(5) all photographs or other documents that a party intends to offer into evidence at the hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.188, eff. September 1, 2005.

Sec. 410.161. FAILURE TO DISCLOSE INFORMATION. A party who fails to disclose information known to the party or documents that are in the party’s possession, custody, or control at the time disclosure is required by Sections 410.158-410.160 may not introduce the evidence at any subsequent proceeding before the division or in court on the claim unless good cause is shown for not having disclosed the information or documents under those sections.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.189, eff. September 1, 2005.

Sec. 410.162. ADDITIONAL DISCOVERY. For good cause shown, a party may obtain permission from the hearing officer to conduct additional discovery as necessary.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 410.163. POWERS AND DUTIES OF HEARING OFFICER. (a) At a contested case hearing the hearing officer shall:

(1) swear witnesses;

(2) receive testimony;

(3) allow examination and cross-examination of witnesses;

(4) accept documents and other tangible evidence; and

(5) allow the presentation of evidence by affidavit.

(b) A hearing officer shall ensure the preservation of the rights of the parties and the full development of facts required for the determinations to be made. A hearing officer may permit the use of summary procedures, if appropriate, including witness statements, summaries, and similar measures to expedite the proceedings.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 410.164. RECORD. (a) The proceedings of a contested case hearing shall be recorded electronically. A party may request a transcript of the proceeding and shall pay the reasonable cost of the transcription.

(b) A party may request that the proceedings of the contested case hearing be recorded by a court reporter. The party making the request shall bear the cost.

(c) At each contested case hearing, as applicable, the insurance carrier shall file with the hearing officer and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier’s registered agent for service of process. The document is part of the record of the contested case hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 11.01, eff. June 17, 2001.

Sec. 410.165. EVIDENCE. (a) The hearing officer is the sole judge of the relevance and materiality of the evidence offered and of the weight and credibility to be given to the evidence. Conformity to legal rules of evidence is not necessary.

(b) A hearing officer may accept a written statement signed by a witness and shall accept all written reports signed by a health care provider.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 410.166. STIPULATIONS. A written stipulation or agreement of the parties that is filed in the record or an oral stipulation or agreement of the parties that is preserved in the record is final and binding.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 410.167. EX PARTE CONTACTS PROHIBITED. A party and a hearing officer may not communicate outside the contested case hearing unless the communication is in writing with copies provided to all parties or relates to procedural matters.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 410.168. DECISION. (a) The hearing officer shall issue a written decision that includes:

(1) findings of fact and conclusions of law;

(2) a determination of whether benefits are due; and

(3) an award of benefits due.

(b) The decision may address accrued benefits, future benefits, or both accrued benefits and future benefits.

(c) The hearing officer may enter an interlocutory order for the payment of all or part of medical benefits or income benefits. The order may address accrued benefits, future benefits, or both accrued benefits and future benefits. The order is binding during the pendency of an appeal to the appeals panel.

(d) On a form that the commissioner by rule prescribes, the hearing officer shall issue a separate written decision regarding attorney’s fees and any matter related to attorney’s fees. The decision regarding attorney’s fees and the form may not be made known to a jury in a judicial review of an award, including an appeal.

(e) The commissioner by rule shall prescribe the times within which the hearing officer must file the decisions with the division.

(f) The division shall send a copy of the decision to each party.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 955, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.190, eff. September 1, 2005.

Sec. 410.169. EFFECT OF DECISION. A decision of a hearing officer regarding benefits is final in the absence of a timely appeal by a party and is binding during the pendency of an appeal to the appeals panel.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

 

Jul 9th, 2015 Workers' Compensation Defense

Substantial Change of Medical Condition Under the Texas Workers’ Compensation Act–Fort Worth, Texas Workers’ Compensation Defense Attorneys

TEXAS LABOR CODE

TITLE 5. WORKERS’ COMPENSATION

SUBTITLE A. TEXAS WORKERS’ COMPENSATION ACT

CHAPTER 410. ADJUDICATION OF DISPUTES

Sec. 410.307. SUBSTANTIAL CHANGE OF CONDITION. (a) Evidence of the extent of impairment is not limited to that presented to the division if the court, after a hearing, finds that there is a substantial change of condition. The court’s finding of a substantial change of condition may be based only on:

(1) medical evidence from the same doctor or doctors whose testimony or opinion was presented to the division;

(2) evidence that has come to the party’s knowledge since the contested case hearing;

(3) evidence that could not have been discovered earlier with due diligence by the party; and

(4) evidence that would probably produce a different result if it is admitted into evidence at the trial.

(b) If substantial change of condition is disputed, the court shall require the designated doctor in the case to verify the substantial change of condition, if any. The findings of the designated doctor shall be presumed to be correct, and the court shall base its finding on the medical evidence presented by the designated doctor in regard to substantial change of condition unless the preponderance of the other medical evidence is to the contrary.

(c) The substantial change of condition must be confirmable by recognized laboratory or diagnostic tests or signs confirmable by physical examination.

(d) If the court finds a substantial change of condition under this section, new medical evidence of the extent of impairment must be from and is limited to the same doctor or doctors who made impairment ratings before the division under Section 408.123.

(e) The court’s finding of a substantial change of condition may not be made known to the jury.

(f) The court or jury in its determination of the extent of impairment shall adopt one of the impairment ratings made under this section.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.207, eff. September 1, 2005.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

 

 

 

 

 

 

Jul 9th, 2015 Workers' Compensation Defense

How to Measure Damages to Personal Property in a Texas Claim

One basic principle in Texas law is that if personal property is totally destroyed, the proper measure of damages is the difference in the property’s market value immediately before and immediately after the injury. City of Tyler v. Likes, 962 S.W.2d 489 (Tex. 1997). If the marked value cannot be determined, then other methods of valuation may be used by the claimant, including replacement value, actual value, and sentimental value. Bueckner v. Hamel, 886 S.W.2d 368 (Tex. App. – Houston [1st] 1994, writ denied).

Marked value is defined as the difference in the value of the item immediately before and after injury to the property at the place where the damage occurred. Thomas v. Oldham, 895 S.W.2d 252 (Tex. 1995). In the case of an automobile that is totally destroyed, the measure of damges was its marked value immediately before the accident, less any salvage value. Bass v. McClung Roofing Company, 575 S.W.2d 342 (Tex. App. – Fort Worth 1978, no writ).

In addition, the market valuation must be determined in the place where the damages occurred, usually in the county in Texas where the property was located. Peter Salt Peter Energy Company v. Crystal Oil Company, 524 S.W.2d 383 (Tex. App. – Corpus Christ 1975, writ refused, n.r.e.). In addition, the admission of market value evidence should be of similar sales within five years of the date of injury. Holiday Inns v. State, 931 S.W.2d 614 (Tex. App. – Amarillo 1996, writ denied).

Sometimes certain types of property that is destroyed does not have any market value. If this is the case, the claimant may recover the replacement value or the cost of reproducing the destroyed property. Pringle v. Nowlin, 629 S.W.2d 154 (Tex. App. – Ft. Worth 1982, writ refused, n.r.e.). Replacement value is defined as the cost of replacing or reproducing the property, less any offset for enhancement of value. Shawtank Cleaning Company v. Texas Pipeline Company, 442 S.W.2d 851 ) Tex. App. – Amarillo 1969, writ refused n.r.e.).

If the property in question that has been destroyed has no marked or replacement value, the injured party may claim actual or intrinsic value of an item. Moran Corp v. Murray, 381 S.W.2d 324 (Tex. App. – Texarkana 1964, no writ). Examples of items for which intrinsic value may be available as a measure of damages include household furniture, family records, clothing, and personal effects. Gulf States Utilities Company v. Low, 79 S.W.3d 561 (Tex. 2002).

Intrinsic value is defined as the value of the property to the owner in the condition the property was in when it was damaged, excluding any fanciful or sentimental consideration. The claimant must also prove that the property in question had no market or replacement value American Transfer and Storage Company v. Brown, 584 S.W.2d 284 (Tex. App. – Dallas 1979).

Actual value must be distinguished from sentimental value. The general rule is that there cannot be a sentimental value for personal property such as clothing and household goods. However, for items that have their primary value in sentiment, such as birth records, wedding pictures, etc., an owner should be entitled to recover sentimental value Brown v. Frontier Theaters, 369 S.W.2d 299 (Tex. 1963). To prove sentimental value, a claimant must establish that the property in question had special value as a family heirloom.

Certain damages are not recoverable by an owner when personal property is totally destroyed. First, when personal property, such as an automobile, is totally destroyed and cannot be repaired, the owner may not recover loss of use damages under Texas law. Hanna v. Lott, 888 S.W.2d 132 (Tex. App. – Tyler 1994, nor writ). This also applies to the owner’s claims for loss of earning capacity related to totally destroyed personal property.

Personal property, however, is sometimes salvageable. In circumstances where personal property is damaged but not totally destroyed, Texas law allows a claimant to choose between valuation damages and repair damages. Central Freight Lines v. Naztec Inc. 790 S.W. 2d 733 (Tex. App. – El Paso 1990, no writ). If the claimant chooses valuation damages, then the measure of damages would be the market value of the personal property immediately before and immediately after the injury in the place where the injury occurred. If the claimant chooses cost of repairs valuation, then the measure of damages is the reasonable cost necessary to restore the property to its condition immediately before the damage. Pasadena State Bank v. Isaac, 228 S.W.2d 127 (Tex. 1950).

An insurance company may not force a claimant to accept repair damages instead of market value in a third-party situation. Southwestern Motor Transportation v. Valley Weather Makers, 427 S.W.2d 597 (Tex. 1968). A claimant cannot recover both cost of repair damage and market value damages if doing so would result in double recover.

To prove cost of repairs, the claimant must offer evidence of costs or of parts and replacement and the reasonable and necessary costs of labor. The claimant must prove that the cost of repair was both reasonable and necessary. Evidence of what the claimant paid for repairs, without evidence that the charges were reasonable, is insufficient. Barr v. Triple A Techs, LLC, 167 S.W.3d 32 (Tex. App. – Waco 2005, no Pet).

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

 

Jul 9th, 2015 Collections and Foreign Judgments, Contracts and Commercial Litigation, Insurance Defense Litigation

Texas Law on Guns and Weapons–Texas Insurance Defense Attorneys

TEXAS PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 46. WEAPONS

Sec. 46.01. DEFINITIONS. In this chapter:

(1) “Club” means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) tomahawk.

(2) “Explosive weapon” means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.

(3) “Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

(4) “Firearm silencer” means any device designed, made, or adapted to muffle the report of a firearm.

(5) “Handgun” means any firearm that is designed, made, or adapted to be fired with one hand.

(6) “Illegal knife” means a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stiletto, and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.

(7) “Knife” means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

(8) “Knuckles” means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.

(9) “Machine gun” means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

(10) “Short-barrel firearm” means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

(11) “Switchblade knife” means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.

(12) “Armor-piercing ammunition” means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

(13) “Hoax bomb” means a device that:

(A) reasonably appears to be an explosive or incendiary device; or

(B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.

(14) “Chemical dispensing device” means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

(15) “Racetrack” has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon’s Texas Civil Statutes).

(16) “Zip gun” means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

(17) “Tire deflation device” means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires. The term does not include a traffic control device that:

(A) is designed to puncture one or more of a vehicle’s tires when driven over in a specific direction; and

(B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1445, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 12A.001, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1199 (H.B. 4456), Sec. 1, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 1, eff. September 1, 2011.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 910, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person’s own premises or premises under the person’s control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 1, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 1, eff. September 1, 2011.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 554, S.B. 11 and H.B. 910, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.

(c) In this section:

(1) “Premises” has the meaning assigned by Section 46.035.

(2) “Secured area” means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.

(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor’s place of assignment or in the actual discharge of duties as:

(1) a member of the armed forces or national guard;

(2) a guard employed by a penal institution; or

(3) a security officer commissioned by the Texas Private Security Board if:

(A) the actor is wearing a distinctive uniform; and

(B) the firearm or club is in plain view; or

(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:

(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer’s firearm in plain view; or

(B) not wearing the uniform of a security officer and carrying the officer’s firearm in a concealed manner.

(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.

(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

(g) An offense under this section is a third degree felony.

(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor’s place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:

(1) the actor is wearing a distinctive uniform; and

(2) the firearm or club is in plain view.

(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:

(1) while in a vehicle being driven on a public road; or

(2) at the actor’s residence or place of employment.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.21, eff. September 1, 2009.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 910, S.B. 11 and S.B. 273, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder’s person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship.

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer’s employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) “Amusement park” means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(2) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(3) “Premises” means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2

(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:

(1) an active judicial officer, as defined by Section 411.201, Government Code; or

(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 5

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:

(1) a judge or justice of a federal court;

(2) an active judicial officer, as defined by Section 411.201, Government Code; or

(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 5, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 687 (H.B. 2664), Sec. 1, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299), Sec. 1, eff. September 1, 2013.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person’s release from confinement following conviction of the misdemeanor; or

(2) the date of the person’s release from community supervision following conviction of the misdemeanor.

(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as a felony; or

(3) is punishable by confinement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony; and

(2) does not contain all the elements of any offense designated by a law of this state as a felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.24, eff. September 1, 2009.

Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (a) In this section, “metal or body armor” means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.

(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.

(c) An offense under this section is a felony of the third degree.

Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 473, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) knuckles;

(6) armor-piercing ammunition;

(7) a chemical dispensing device;

(8) a zip gun; or

(9) a tire deflation device.

(b) It is a defense to prosecution under this section that the actor’s conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(c) It is a defense to prosecution under this section that the actor’s possession was pursuant to registration pursuant to the National Firearms Act, as amended.

(d) It is an affirmative defense to prosecution under this section that the actor’s conduct:

(1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;

(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or

(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).

(e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8) is a felony of the third degree. An offense under Subsection (a)(9) is a state jail felony. An offense under Subsection (a)(5) is a Class A misdemeanor.

(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:

(1) provided by the Texas Commission on Law Enforcement; or

(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.

(g) In Subsection (f), “security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1035 (H.B. 1132), Sec. 2.01, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303), Sec. 7, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 2, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.60, eff. May 18, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 960 (H.B. 1862), Sec. 1, eff. September 1, 2013.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A) the person’s release from confinement following conviction of the felony; or

(B) the person’s release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or

(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

(b) In this section:

(1) “Intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

(2) “Active protective order” means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter.

(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.

(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.

Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 280 (S.B. 1188), Sec. 1, eff. May 30, 2009.

Sec. 46.08. HOAX BOMBS. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:

(1) make another believe that the hoax bomb is an explosive or incendiary device; or

(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 3, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 46.09. COMPONENTS OF EXPLOSIVES. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor.

(b) An offense under this section is a felony of the third degree.

Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 4, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:

(1) carries on or about his person a deadly weapon; or

(2) possesses or conceals a deadly weapon in the penal institution.

(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.

(c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.

(d) An offense under this section is a felony of the third degree.

Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:

(1) within 300 feet of the premises of a school; or

(2) on premises where:

(A) an official school function is taking place; or

(B) an event sponsored or sanctioned by the University Interscholastic League is taking place.

(b) This section does not apply to an offense under Section 46.03(a)(1).

(c) In this section:

(1) “Premises” has the meaning assigned by Section 481.134, Health and Safety Code.

(2) “School” means a private or public elementary or secondary school.

Added by Acts 1995, 74th Leg., ch. 320, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.002, eff. September 1, 2011.

Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.

(b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).

(c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.

(d) This section does not prevent the prosecution from:

(1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or

(2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.

Added by Acts 1995, 74th Leg., ch. 320, Sec. 2, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.004, eff. September 1, 2005.

Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:

(1) “Child” means a person younger than 17 years of age.

(2) “Readily dischargeable firearm” means a firearm that is loaded with ammunition, whether or not a round is in the chamber.

(3) “Secure” means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.

(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:

(1) failed to secure the firearm; or

(2) left the firearm in a place to which the person knew or should have known the child would gain access.

(c) It is an affirmative defense to prosecution under this section that the child’s access to the firearm:

(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;

(2) consisted of lawful defense by the child of people or property;

(3) was gained by entering property in violation of this code; or

(4) occurred during a time when the actor was engaged in an agricultural enterprise.

(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.

(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:

(1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and

(2) the child in discharging the firearm caused the death of or serious injury to the child.

(g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height:

“IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.”

Added by Acts 1995, 74th Leg., ch. 83, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g), eff. Sept. 1, 1999.

Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct:

(1) on more than one occasion; or

(2) for profit or any other form of remuneration.

(b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.

(c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2009, 81st Leg., R.S., Ch. 153 (S.B. 2225), Sec. 1, eff. September 1, 2009.

This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 910, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 46.15. NONAPPLICABILITY.

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer’s or investigator’s duties while carrying the weapon;

(2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer’s duties while carrying the weapon; and

(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;

(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer’s duties while carrying the weapon; and

(B) authorized to carry a weapon under Section 76.0051, Government Code;

(4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;

(5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is:

(A) an honorably retired peace officer;

(B) a qualified retired law enforcement officer;

(C) a federal criminal investigator; or

(D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies;

(6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;

(7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;

(8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is:

(A) licensed to carry a concealed handgun under Chapter 411, Government Code; and

(B) engaged in escorting the judicial officer; or

(9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code.

(b) Section 46.02 does not apply to a person who:

(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person’s duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person’s place of assignment and is wearing the officer’s uniform and carrying the officer’s weapon in plain view;

(5) acts as a personal protection officer and carries the person’s security officer commission and personal protection officer authorization, if the person:

(A) is engaged in the performance of the person’s duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person’s place of assignment; and

(B) is either:

(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer’s weapon in plain view; or

(ii) not wearing the uniform of a security officer and carrying the officer’s weapon in a concealed manner;

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or

(8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is:

(A) on the immediate premises where the activity is conducted; or

(B) en route between those premises and the person’s residence and is carrying the weapon unloaded.

(c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, “nonviolent restraint” means the use of reasonable force, not intended and not likely to inflict bodily injury.

(d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty.

(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.

(f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as:

(1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or

(2) an employee of a penal institution.

(g) The provisions of Sections 46.02 and 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty.

(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(1), eff. September 1, 2007.

(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 9th, 2015 Employment Law Defense, Insurance Defense Litigation, Nonsubscriber Law

Texas Seat Belt Laws–Texas Insurance Defense Attorneys

Here Is the Law

Vernon’s Texas Statutes and Codes Annotated Transportation Code

Texas Seatbelt Laws

TRANSPORTATION CODE
Chapter 545. Operation and Movement of Vehicles
§ 545.412. Child Passenger Safety Seat Systems; Offense.

(a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250.

(b-1) [Repealed by Acts 2011, 82nd Leg., 1st C.S., ch. 4 (S.B. 1), § 69.01(1), effective September 28, 2011.]

(c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose.

(d) [Repealed by Acts 2003, 78th Leg., ch. 204 (H.B. 4), § 8.01, effective September 1, 2003.]

(e) This section does not apply to a person:

(1) operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation; or

(2) transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied.

(f) In this section:

(1) “Child passenger safety seat system” means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.

(2) “Passenger vehicle” means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor.

(3) “Safety belt” means a lap belt and any shoulder straps included as original equipment on or added to a vehicle.

(4) “Secured,” in connection with use of a safety belt, means using the lap belt and any shoulder straps according to the instructions of:

(A) the manufacturer of the vehicle, if the safety belt is original equipment; or

(B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle.

(g) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon’s Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes:

(1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and

(2) the requirements of this section and the penalty for noncompliance.

(h) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality’s or county’s fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers.

Chapter 545. Operation and Movement of Vehicles
§ 545.4121. Dismissal; Obtaining Child Passenger Safety Seat System.

(a) This section applies to an offense committed under Section 545.412.

(b) It is a defense to prosecution of an offense to which this section applies that the defendant provides to the court evidence satisfactory to the court that:

(1) at the time of the offense:

(A) the defendant was not arrested or issued a citation for violation of any other offense;

(B) the defendant did not possess a child passenger safety seat system in the vehicle; and

(C) the vehicle the defendant was operating was not involved in an accident; and

(2) subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required to be secured in a child passenger safety seat system under Section 545.412(a).

Chapter 545. Operation and Movement of Vehicles
§ 545.413. Safety Belts; Offense.

(a) A person commits an offense if:

(1) the person:

(A) is at least 15 years of age;

(B) is riding in a passenger vehicle while the vehicle is being operated;

(C) is occupying a seat that is equipped with a safety belt; and

(D) is not secured by a safety belt; or

(2) as the operator of a school bus equipped with a safety belt for the operator’s seat, the person is not secured by the safety belt.

(b) A person commits an offense if the person:

(1) operates a passenger vehicle that is equipped with safety belts; and

(2) allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt.

(b-1) A person commits an offense if the person allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in a passenger van designed to transport 15 or fewer passengers, including the driver, without securing the child individually by a safety belt, if the child is occupying a seat that is equipped with a safety belt.

(c) A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts.

(d) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200.

(e) It is a defense to prosecution under this section that:

(1) the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

(2) the person presents to the court, not later than the 10th day after the date of the offense, a statement from a licensed physician stating that for a medical reason the person should not wear a safety belt;

(3) the person is employed by the United States Postal Service and performing a duty for that agency that requires the operator to service postal boxes from a vehicle or that requires frequent entry into and exit from a vehicle;

(4) the person is engaged in the actual delivery of newspapers from a vehicle or is performing newspaper delivery duties that require frequent entry into and exit from a vehicle;

(5) the person is employed by a public or private utility company and is engaged in the reading of meters or performing a similar duty for that company requiring the operator to frequently enter into and exit from a vehicle;

(6) the person is operating a commercial vehicle registered as a farm vehicle under the provisions of Section 502.433 that does not have a gross weight, registered weight, or gross weight rating of 48,000 pounds or more; or

(7) the person is the operator of or a passenger in a vehicle used exclusively to transport solid waste and performing duties that require frequent entry into and exit from the vehicle.

(f) The department shall develop and implement an educational program to encourage the wearing of safety belts and to emphasize:

(1) the effectiveness of safety belts and other restraint devices in reducing the risk of harm to passengers in motor vehicles; and

(2) the requirements of this section and the penalty for noncompliance.

Chapter 545. Operation and Movement of Vehicles
§ 545.414. Riding in Open Beds; Offense.

(a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200.

(c) It is a defense to prosecution under this section that the person was:

(1) operating or towing the vehicle in a parade or in an emergency;

(2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality;

(3) operating the vehicle on a beach;

(4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or

(5) operating the vehicle in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur.

(d) Compliance or noncompliance with Subsection (a) is not admissible evidence in a civil trial.

(e) In this section, “household” has the meaning assigned by Section 71.005, Family Code.

 

 

Texas law now requires drivers and all passengers in vehicles to be secured by a safety belt. A safety belt violation can result in fines ranging from $25 to $250, plus court costs.

Safety Seat Guidelines

Safety belts are designed for adults, not children.

Follow these guidelines when buying the proper seat and buckling up children:

Birth-2 Years

• All infants and toddlers should ride in a rear-facing car seat until they are at least 2 years of age or until they reach the highest weight or height allowed by their car seat’s manufacturer. (Check labels on seat for this information.)
• Secure the chest clip even with your baby’s armpits.
• Fasten harness straps snugly against your baby’s body. You should not be able to pinch the slack at the baby’s shoulder.
• Use the harness slot at or below the baby’s shoulder for rear-facing.

Over 2 Years

• Use a forward-facing seat for as long as the safety seat manufacturer recommends it. (Check labels for maximum height and weight information.)
• Fasten harness straps snugly against your child’s body. You should not be able to pinch the slack at the baby’s shoulder.
• Secure the chest clip even with your child’s armpits.
• Use either seat belt or lower anchors to secure the car seat, not both. Always latch the tether strap to the corresponding anchor if your vehicle has one.

4-8 Years

• Use a booster seat to the maximum height or weight limit. (Check labels for information.)
• Fasten the lap belt across your child’s thighs and hips, not stomach.
• The shoulder belt should rest on the chest, not the neck. Check belt routing on booster for proper placement.

Over 8 Years Old

• Always use a lap and shoulder belt for maximum protection.
• Anyone under the age of 13 should be restrained in the back seat.

See http://www.txdot.gov/driver/kids-teens/safety-belts.html

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

 

 

Jul 9th, 2015 Employment Law Defense, Insurance Defense Litigation, Nonsubscriber Law, Workers' Compensation Defense