Terms Used In Texas Civil Practice and Remedies Code 66.001

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

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.