CIVIL PRACTICE & REMEDIES CODE

CHAPTER 66. QUO WARRANTO


	§ 66.001.  GROUNDS.  An action in the nature of quo 
warranto is available if:
		(1)  a person usurps, intrudes into, or unlawfully 
holds or executes a franchise or an office, including an office in a 
corporation created by the authority of this state;
		(2)  a public officer does an act or allows an act that 
by law causes a forfeiture of his office;
		(3)  an association of persons acts as a corporation 
without being legally incorporated;
		(4)  a corporation does or omits an act that requires a 
surrender or causes a forfeiture of its rights and privileges as a 
corporation;
		(5)  a corporation exercises power not granted by law;                        
		(6)  a railroad company charges an extortionate rate 
for transportation of freight or passengers;  or
		(7)  a railroad company unlawfully refuses to move over 
its lines the cars of another railroad company.

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


	§ 66.002.  INITIATION OF SUIT.  (a)  If grounds for the 
remedy exist, the attorney general or the county or district 
attorney of the proper county may petition the district court of the 
proper county or a district judge if the court is in vacation for 
leave to file an information in the nature of quo warranto.
	(b)  The petition must state that the information is sought 
in the name of the State of Texas.
	(c)  The attorney general or county or district attorney may 
file the petition on his own motion or at the request of an 
individual relator.
	(d)  If there is probable ground for the proceeding, the 
judge shall grant leave to file the information, order the 
information to be filed, and order process to be issued.

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


	§ 66.003.  JUDGMENT.  If the person against whom the 
information is filed is found guilty as charged, the court:
		(1)  shall enter judgment removing the person from the 
office or franchise; 
		(2)  shall enter judgment for the costs of prosecution 
in favor of the relator;  and
		(3)  may fine the person for usurping, intruding into, 
or unlawfully holding and executing the office or franchise.

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