Sec. 12.256. EXAMINATION AND NOTICE. (a) The judge of a court in which a proceeding under Section 12.252 or 12.253 is to be filed shall carefully examine the petition before granting leave to sue. The judge may also require an examination into the facts. If it appears with reasonable certainty from the petition or from the petition and facts that there is a prima facie showing for the relief sought, the judge may grant leave to file.
(b) On an application for the appointment of a receiver, the entity proceeded against is entitled to 10 days' notice before the day set for the hearing.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Structure Texas Statutes
Chapter 12 - Administrative Powers
Subchapter D. Enforcement Proceedings
Section 12.253. Action Against Insolvent Entity
Section 12.254. Suits by District or County Attorney
Section 12.255. Permission to Sue
Section 12.256. Examination and Notice
Section 12.257. Dismissal of Action
Section 12.258. Liquidation of Insolvent Entity
Section 12.259. Extraordinary Remedies; Bond