2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
CHAPTER 37. DECLARATORY JUDGMENTS  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE C. JUDGMENTS

CHAPTER 37. DECLARATORY JUDGMENTS

Sec. 37.001. DEFINITION. In this chapter, "person" means an

individual, partnership, joint-stock company, unincorporated

association or society, or municipal or other corporation of any

character.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.002. SHORT TITLE, CONSTRUCTION, INTERPRETATION. (a)

This chapter may be cited as the Uniform Declaratory Judgments

Act.

(b) This chapter is remedial; its purpose is to settle and to

afford relief from uncertainty and insecurity with respect to

rights, status, and other legal relations; and it is to be

liberally construed and administered.

(c) This chapter shall be so interpreted and construed as to

effectuate its general purpose to make uniform the law of those

states that enact it and to harmonize, as far as possible, with

federal laws and regulations on the subject of declaratory

judgments and decrees.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.003. POWER OF COURTS TO RENDER JUDGMENT; FORM AND

EFFECT. (a) A court of record within its jurisdiction has power

to declare rights, status, and other legal relations whether or

not further relief is or could be claimed. An action or

proceeding is not open to objection on the ground that a

declaratory judgment or decree is prayed for.

(b) The declaration may be either affirmative or negative in

form and effect, and the declaration has the force and effect of

a final judgment or decree.

(c) The enumerations in Sections 37.004 and 37.005 do not limit

or restrict the exercise of the general powers conferred in this

section in any proceeding in which declaratory relief is sought

and a judgment or decree will terminate the controversy or remove

an uncertainty.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.004. SUBJECT MATTER OF RELIEF. (a) A person interested

under a deed, will, written contract, or other writings

constituting a contract or whose rights, status, or other legal

relations are affected by a statute, municipal ordinance,

contract, or franchise may have determined any question of

construction or validity arising under the instrument, statute,

ordinance, contract, or franchise and obtain a declaration of

rights, status, or other legal relations thereunder.

(b) A contract may be construed either before or after there has

been a breach.

(c) Notwithstanding Section 22.001, Property Code, a person

described by Subsection (a) may obtain a determination under this

chapter when the sole issue concerning title to real property is

the determination of the proper boundary line between adjoining

properties.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

305, Sec. 1, eff. June 15, 2007.

Sec. 37.005. DECLARATIONS RELATING TO TRUST OR ESTATE. A person

interested as or through an executor or administrator, including

an independent executor or administrator, a trustee, guardian,

other fiduciary, creditor, devisee, legatee, heir, next of kin,

or cestui que trust in the administration of a trust or of the

estate of a decedent, an infant, mentally incapacitated person,

or insolvent may have a declaration of rights or legal relations

in respect to the trust or estate:

(1) to ascertain any class of creditors, devisees, legatees,

heirs, next of kin, or others;

(2) to direct the executors, administrators, or trustees to do

or abstain from doing any particular act in their fiduciary

capacity;

(3) to determine any question arising in the administration of

the trust or estate, including questions of construction of wills

and other writings; or

(4) to determine rights or legal relations of an independent

executor or independent administrator regarding fiduciary fees

and the settling of accounts.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.08(a), eff.

Sept. 1, 1987; Acts 1999, 76th Leg., ch. 855, Sec. 10, eff. Sept.

1, 1999.

Sec. 37.0055. DECLARATIONS RELATING TO LIABILITY FOR SALES AND

USE TAXES OF ANOTHER STATE. (a) In this section, "state"

includes any political subdivision of that state.

(b) A district court has original jurisdiction of a proceeding

seeking a declaratory judgment that involves:

(1) a party seeking declaratory relief that is a business that

is:

(A) organized under the laws of this state or is otherwise owned

by a resident of this state; or

(B) a retailer registered with the comptroller under Section

151.106, Tax Code; and

(2) a responding party that:

(A) is an official of another state; and

(B) asserts a claim that the party seeking declaratory relief is

required to collect sales or use taxes for that state based on

conduct of the business that occurs in whole or in part within

this state.

(c) A business described by Subsection (b)(1) is entitled to

declaratory relief on the issue of whether the requirement of

another state that the business collect and remit sales or use

taxes to that state constitutes an undue burden on interstate

commerce under Section 8, Article I, United States Constitution.

(d) In determining whether to grant declaratory relief to a

business under this section, a court shall consider:

(1) the factual circumstances of the business's operations that

give rise to the demand by the other state; and

(2) the decisions of other courts interpreting Section 8,

Article I, United States Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

699, Sec. 1, eff. September 1, 2007.

Sec. 37.006. PARTIES. (a) When declaratory relief is sought,

all persons who have or claim any interest that would be affected

by the declaration must be made parties. A declaration does not

prejudice the rights of a person not a party to the proceeding.

(b) In any proceeding that involves the validity of a municipal

ordinance or franchise, the municipality must be made a party and

is entitled to be heard, and if the statute, ordinance, or

franchise is alleged to be unconstitutional, the attorney general

of the state must also be served with a copy of the proceeding

and is entitled to be heard.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.007. JURY TRIAL. If a proceeding under this chapter

involves the determination of an issue of fact, the issue may be

tried and determined in the same manner as issues of fact are

tried and determined in other civil actions in the court in which

the proceeding is pending.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.008. COURT REFUSAL TO RENDER. The court may refuse to

render or enter a declaratory judgment or decree if the judgment

or decree would not terminate the uncertainty or controversy

giving rise to the proceeding.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.009. COSTS. In any proceeding under this chapter, the

court may award costs and reasonable and necessary attorney's

fees as are equitable and just.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.010. REVIEW. All orders, judgments, and decrees under

this chapter may be reviewed as other orders, judgments, and

decrees.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 37.011. SUPPLEMENTAL RELIEF. Further relief based on a

declaratory judgment or decree may be granted whenever necessary

or proper. The application must be by petition to a court having

jurisdiction to grant the relief. If the application is deemed

sufficient, the court shall, on reasonable notice, require any

adverse party whose rights have been adjudicated by the

declaratory judgment or decree to show cause why further relief

should not be granted forthwith.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.