Sections
Chapter 171 Organization 171.001 – 171.073
Chapter 172 Primary Elections 172.001 – 172.130
Chapter 173 Primary Election Financing 173.001 – 173.087
Chapter 174 Conventions 174.001 – 174.097

Terms Used In Texas Election Code > Title 10 > Subtitle B

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bequest: Property gifted by will.
  • Child: includes an adopted child, regardless of whether the adoption occurred through:
    (1) an existing or former statutory procedure; or
    (2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004
  • City secretary: includes a city clerk or, in a city that has no city secretary or clerk, the city officer who performs the duties of a city secretary. See Texas Election Code 1.005
  • Claims: includes :
    (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
    (2) funeral expenses;
    (3) the expense of a tombstone;
    (4) expenses of administration;
    (5) estate and inheritance taxes; and
    (6) debts due such estates. See Texas Estates Code 22.005
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • County election precinct: means an election precinct established under Section Texas Election Code 1.005
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Decedent: A deceased person.
  • Devisee: includes a legatee. See Texas Estates Code 22.009
  • Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
  • District office: means an office of the federal or state government that is not voted on statewide. See Texas Election Code 1.005
  • Docket: A log containing brief entries of court proceedings.
  • Docket: means the probate docket. See Texas Estates Code 22.011
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Exempt property: means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. See Texas Estates Code 22.013
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Final canvass: means the canvass from which the official result of an election is determined. See Texas Election Code 1.005
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Gubernatorial general election: means the general election held every four years to elect a governor for a full term. See Texas Election Code 1.005
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
  • Independent executor: means the personal representative of an estate under independent administration as provided by Chapter Texas Estates Code 22.017
  • Intestate: Dying without leaving a will.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise probate jurisdiction; or
    (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019
  • Juror: A person who is on the jury.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 1.005
  • Legacy: includes a gift or devise of real or personal property made by a will. See Texas Estates Code 22.020
  • Legatee: includes a person who is entitled to a legacy under a will. See Texas Estates Code 22.021
  • lien: include :
    (1) a deed of trust;
    (2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
    (3) a chattel mortgage;
    (4) a judgment; and
    (5) a pledge by hypothecation. See Texas Estates Code 22.024
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Agriculture Code 1.003
  • Local canvass: means the canvass of the precinct election returns. See Texas Election Code 1.005
  • Measure: means a question or proposal submitted in an election for an expression of the voters' will. See Texas Election Code 1.005
  • Minor: means a person younger than 18 years of age who:
    (1) has never been married; and
    (2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Personal property: includes an interest in:
    (1) goods;
    (2) money;
    (3) a chose in action;
    (4) an evidence of debt; and
    (5) a real chattel. See Texas Estates Code 22.028
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means a county, city, or school district or any other governmental entity that:
    (A) embraces a geographic area with a defined boundary;
    (B) exists for the purpose of discharging functions of government; and
    (C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 1.005
  • Presidential primary election: means an election held under Subchapter A, Chapter Texas Election Code 1.005
  • Primary election: means an election held by a political party under Chapter Texas Election Code 1.005
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proposition: means the wording appearing on a ballot to identify a measure. See Texas Election Code 1.005
  • Quorum: The number of legislators that must be present to do business.
  • Real property: includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. See Texas Estates Code 22.030
  • Registered voter: means a person registered to vote in this state whose registration is effective. See Texas Election Code 1.005
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Residence address: means the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person's residence. See Texas Election Code 1.005
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Simple resolution: Designated "S. Res.," simple resolutions are used to express nonbinding positions of the Senate or to deal with the Senate's internal affairs, such as the creation of a special committee. They do not require action by the House of Representatives.
  • Special election: means an election that is not a general election or a primary election. See Texas Election Code 1.005
  • Statewide office: means an office of the federal or state government that is voted on statewide. See Texas Election Code 1.005
  • Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter Texas Estates Code 22.007
  • Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Voting station: means the voting booth or other place where voters mark their ballots or otherwise indicate their votes at a polling place. See Texas Election Code 1.005
  • Voting year: means the 12-month period beginning January 1 of each year. See Texas Election Code 1.005
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.