Clause bar (Texas) · Go Syfert
← Texas issues

Clause bar in Texas

43 Texas opinions name it 4 courts 1960–2025 6 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

CaseFollowedCited
Crawford v. Washingtongreen
scotus · 2004 · cited in 19 Texas opinions naming this issue, 2004–2025
2 sentences

2025The Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it.” (alterations in original) (quoting Crawford v. Washington, 541 U.S. 36 , 59 n.9 (2004))).

2021Moreover, to the extent that an out-of-court statement is offered for some evidentiary purpose other than the truth of the matter asserted, even if the out-of-court statement falls within the definition of “testimonial” statement, it is not objectionable under the Confrontation Clause because “the one who bears ‘witness against’ the accused is not the out-of-court declarant but the one who testifies that the statement was made, and it satisfies the Confrontation Clause that the accused is able to confront and cross-examine him.” Langham, 305 S.W.3d at 576-577 (citing Crawford, 541 U.S. at 59 n

619
Texas State Employees Union/CWA Local 6184 v. Texas Workforce Commissiongreen
texapp · 2000 · cited in 4 Texas opinions naming this issue, 2008–2015
2 sentences

2015Sys. v. Luxemburg, 93 S.W.3d 410, 425 (Tex.App.–Houston [14th Dist.] 2002, pet. denied) (holding that violation of Article I, section 19 does not give rise to an action for damages without addressing sovereign immunity); Tex. State Employees’ Union/CWA Local 6184 v. Tex. Workforce Comm’n, 16 S.W.3d 61, 67 (Tex.App.–Austin 2000, no pet.) (holding that plaintiff’s claim was not subject to sovereign immunity doctrine because plaintiff sought only equitable relief as opposed to monetary damages).

2015Sys. v. Luxemburg, 93 S.W.3d 410, 425 (Tex.App.–Houston [14th Dist.] 2002, pet. denied) (holding that violation of Article I, section 19 does not give rise to an action for damages without addressing sovereign immunity); Tex. State Employees’ Union/CWA Local 6184 v. Tex. Workforce Comm’n, 16 S.W.3d 61, 67 (Tex.App.–Austin 2000, no pet.) (holding that plaintiff’s claim was not subject to sovereign immunity doctrine because plaintiff sought only equitable relief as opposed to monetary damages).

44
Steele v. City of Houstongreen
tex · 1980 · cited in 4 Texas opinions naming this issue, 2008–2015
2 sentences

2015Steele v. City of Houston, 603 S.W.2d 786, 791 (Tex.1980) (takings clause of Texas Constitution expressly authorizes award of damages for violation; therefore, the clause provides a waiver of immunity for claims for damages); Tex. A. & M.

2015Steele v. City of Houston, 603 S.W.2d 786, 791 (Tex.1980) (takings clause of Texas Constitution expressly authorizes award of damages for violation; therefore, the clause provides a waiver of immunity for claims for damages); Tex. A. & M.

44
Tennessee v. Streetgreen
scotus · 1985 · cited in 3 Texas opinions naming this issue, 2006–2021
2 sentences

2021Moreover, to the extent that an out-of-court statement is offered for some evidentiary purpose other than the truth of the matter asserted, even if the out-of-court statement falls within the definition of “testimonial” statement, it is not objectionable under the Confrontation Clause because “the one who bears ‘witness against’ the accused is not the out-of-court declarant but the one who testifies that the statement was made, and it satisfies the Confrontation Clause that the accused is able to confront and cross-examine him.” Langham, 305 S.W.3d at 576-577 (citing Crawford, 541 U.S. at 59 n

2006See Tennessee v. Street , 471 U.S. 409, 414 (1985)). 541 U.S. at 59 n.9; see also California v. Green , 399 U.S. 149, 162 (1970).

33
Texas a & M University System v. Luxemburggreen
texapp · 2002 · cited in 3 Texas opinions naming this issue, 2008–2015
2 sentences

2015Sys. v. Luxemburg, 93 S.W.3d 410, 425 (Tex.App.–Houston [14th Dist.] 2002, pet. denied) (holding that violation of Article I, section 19 does not give rise to an action for damages without addressing sovereign immunity); Tex. State Employees’ Union/CWA Local 6184 v. Tex. Workforce Comm’n, 16 S.W.3d 61, 67 (Tex.App.–Austin 2000, no pet.) (holding that plaintiff’s claim was not subject to sovereign immunity doctrine because plaintiff sought only equitable relief as opposed to monetary damages).

2015Sys. v. Luxemburg, 93 S.W.3d 410, 425 (Tex.App.–Houston [14th Dist.] 2002, pet. denied) (holding that violation of Article I, section 19 does not give rise to an action for damages without addressing sovereign immunity); Tex. State Employees’ Union/CWA Local 6184 v. Tex. Workforce Comm’n, 16 S.W.3d 61, 67 (Tex.App.–Austin 2000, no pet.) (holding that plaintiff’s claim was not subject to sovereign immunity doctrine because plaintiff sought only equitable relief as opposed to monetary damages).

33
California v. Greengreen
scotus · 1970 · cited in 6 Texas opinions naming this issue, 2006–2011
2 sentences

2011Crawford cites California v. Green , 399 U.S. 149 , 26 L.Ed.2d 489 , 90 S. Ct. 1930 (1970) on the point, which opinion states, “none of our decisions interpreting the Confrontation Clause requires excluding the out-of-court statements of a witness who is available and testifying at trial.” 399 U.S. at 161 .

2011Crawford cites California v. Green , 399 U.S. 149 , 26 L.Ed.2d 489 , 90 S. Ct. 1930 (1970) on the point, which opinion states, “none of our decisions interpreting the Confrontation Clause requires excluding the out-of-court statements of a witness who is available and testifying at trial.” 399 U.S. at 161 .

26
Crawford v. Stategreen
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2015–2019
2 sentences

2019The Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it.” Crawford v. Washington, 541 U.S. 36 , 59 n.9 (2004); Crawford v. State, 139 S.W.3d 462 , 464-65 (Tex. App.—Dallas 2004, pet. ref’d) (concluding that Confrontation Clause did not bar outcry witness’s testimony concerning out-of- court statement by child declarant because complainant testified at trial and therefore defendant had opportunity to cross-examine complainant); see also Eustis v. State, 191 S.W.3d 879, 886 (Tex. App.—Houston [14th Dist.] 2006, pet. ref’d) (holding, i

2015The Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it.” Crawford, 541 U.S. at 59 n.9; see Crawford v. State, 139 S.W.3d 462 , 464–65 (Tex. App.—Dallas 2004, pet. ref’d) (holding that Crawford v. Washington was inapplicable because “appellant had the opportunity at trial to cross-examine the testifying complainant who was the declarant of the extrajudicial testimonial statement about which he complains”).

12
Reyna v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Reyna v. State, 168 S.W.3d 173, 179 (Tex. Crim.

11
Eustis v. Stategreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019The Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it.” Crawford v. Washington, 541 U.S. 36 , 59 n.9 (2004); Crawford v. State, 139 S.W.3d 462 , 464-65 (Tex. App.—Dallas 2004, pet. ref’d) (concluding that Confrontation Clause did not bar outcry witness’s testimony concerning out-of- court statement by child declarant because complainant testified at trial and therefore defendant had opportunity to cross-examine complainant); see also Eustis v. State, 191 S.W.3d 879, 886 (Tex. App.—Houston [14th Dist.] 2006, pet. ref’d) (holding, i

11
Austin v. Stategreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Austin v. State, 222 S.W.3d 801, 811 (Tex. App.—Houston [14th Dist.] 2007, pet. ref’d).

11
Pike v. Bruce Church, Inc.green
scotus · 1970 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Pike v. Bruce Church, Inc., 397 U.S. 137, 142 , 90 S.Ct. 844 , 25 L.Ed.2d 174 (1970).

2015See Pike v. Bruce Church, Inc., 397 U.S. 137, 142 , 90 S.Ct. 844 , 25 L.Ed.2d 174 (1970).

11
Howell v. Hilton Hotels Corp.green
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004Howell v. Hilton Hotels Corp., 84 S.W.3d 708, 715 (Tex.App.-Houston [1st Dist.] 2002, no pet.) The Validity of the “As Is” Clause In issue one, the Bynums argue that the “as is” clause, and the other like clauses in the Prudential rider or earnest money contract that purport to disclaim warranties cannot be used to bar their claims against Prudential and the McNamaras because the clauses (1) are inconspicuous boilerplate terms entered into by parties of greatly disproportionate sophistication; (2) are the product of fraudulent misrepresentation or concealment of information; (3) cannot be used

11
Rich and Hahn v. Graybar Elec. Co.green
tex · 1935 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004Howell v. Hilton Hotels Corp. , 84 S.W.2d 708, 715 (Tex. App.—Houston [1st Dist.] 2002, no pet.) The Validity of the “As Is” Clause In issue one, the Bynums argue that the “as is” clause, and the other like clauses in the Prudential rider or earnest money contract that purport to disclaim warranties cannot be used to bar their claims against Prudential and the McNamaras because the clauses (1) are inconspicuous boiler-plate terms entered into by parties of greatly disproportionate sophistication; (2) are the product of fraudulent misrepresentation or concealment of information; (3) cannot be u

11
Giller Industries, Inc. v. Hartleygreen
texapp · 1982 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993Lodewijk relies on Giller Indus., Inc. v. Hartley, 644 S.W.2d 183, 184 (Tex. App.—Dallas 1982, no writ).

11
Gibbs v. General Motors Corporationgreen
tex · 1970 · cited in 1 Texas opinions naming this issue, 1991–1991
1 sentence

1991Gibbs v. General Motors Corp. 450 S.W.2d 827, 828 (Tex.1970).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
in Re Whataburger Restaurants Llc green
tex · 2022
1 sentence

2024Id.

12024–2024
Valence Operating Co. v. Dorsett green
tex · 2005
1 sentence

2023The “provided, however” clause states that it applies “when Operator and Non-operator have agreed upon the drilling of any well on the leased acreage.” (Emphasis added.) Matrix argues that the past tense used in the clause indicates that the exception applies only after the parties “have agreed.” Talisman directs us to Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005), and argues that the clause does not bar “early” expenditures but places upon Talisman the risk that it might bear all costs for early expenditures if other working interest owners do not later consent.

12023–2023
Langham v. State green
texcrimapp · 2010
1 sentence

2021Moreover, to the extent that an out-of-court statement is offered for some evidentiary purpose other than the truth of the matter asserted, even if the out-of-court statement falls within the definition of “testimonial” statement, it is not objectionable under the Confrontation Clause because “the one who bears ‘witness against’ the accused is not the out-of-court declarant but the one who testifies that the statement was made, and it satisfies the Confrontation Clause that the accused is able to confront and cross-examine him.” Langham, 305 S.W.3d at 576-577 (citing Crawford, 541 U.S. at 59 n

12021–2021
Wall v. State green
texcrimapp · 2006
1 sentence

2020Wall v. State, 184 S.W.3d 730, 742 , 743 n.48 (Tex. Crim.

12020–2020
Trinova Corp. v. Michigan Department of Treasury green
scotus · 1991
2 sentences

2015Tax Law > State & Local Taxes > Income Tax > Page 3 498 U.S. 358 , *; 111 S. Ct. 818 , **; 112 L. Ed. 2d 884 , ***; 1991 U.S. LEXIS 842 Tax Law > State & Local Taxes > Franchise Tax > Constitutional Law > Congressional Duties & Powers > General Overview Commerce Clause > General Overview Tax Law > State & Local Taxes > Personal Property Tax Law > State & Local Taxes > Sales Tax > General Tax > General Overview Overview [HN7] Business activity is broadly defined as a transfer [HN10] The Court will sustain a tax against Commerce of legal or equitable title to or rental of property, whether Claus

2015Tax Law > State & Local Taxes > Income Tax > Page 3 498 U.S. 358 , *; 111 S. Ct. 818 , **; 112 L. Ed. 2d 884 , ***; 1991 U.S. LEXIS 842 Tax Law > State & Local Taxes > Franchise Tax > Constitutional Law > Congressional Duties & Powers > General Overview Commerce Clause > General Overview Tax Law > State & Local Taxes > Personal Property Tax Law > State & Local Taxes > Sales Tax > General Tax > General Overview Overview [HN7] Business activity is broadly defined as a transfer [HN10] The Court will sustain a tax against Commerce of legal or equitable title to or rental of property, whether Claus

12015–2015
Stringer v. State green
texapp · 2008
1 sentence

2010Id.

12010–2010
Lilly v. Virginia green
scotus · 1999
2 sentences

2001This test recognizes that rigid adherence to the Clause’s standard for admissibility “might in an exceptional case exclude a statement of an unavailable witness that is incontestably probative, competent, and rehable, yet nevertheless outside of any firmly rooted hearsay exception.” Id., 527 U.S. at 136 , 119 S.Ct at 1900 .

2001This test recognizes that rigid adherence to the Clause’s standard for admissibility “might in an exceptional case exclude a statement of an unavailable witness that is incontestably probative, competent, and rehable, yet nevertheless outside of any firmly rooted hearsay exception.” Id., 527 U.S. at 136 , 119 S.Ct at 1900 .

12001–2001
Green International, Inc. v. Solis green
tex · 1997
1 sentence

1998Id.

11998–1998
United States v. Ball green
scotus · 1896
1 sentence

1995United States v. Ball, supra .

11995–1995
United States v. Tateo green
scotus · 1964
2 sentences

1995United States v. Ball, supra. The justification for this rule was explained in United States v. Toteo, 377 U.S. 463, 466 , 12 L.Ed.2d 448 , 84 S.Ct. 1587 [1589] (1964), as follows: While different theories have been advanced to support the permissibility of retrial, of greater importance than the conceptual abstractions employed to ex *255 plain the Ball principle are the implications of that principle for the sound administration of justice.

1995United States v. Ball, supra. The justification for this rule was explained in United States v. Toteo, 377 U.S. 463, 466 , 12 L.Ed.2d 448 , 84 S.Ct. 1587 [1589] (1964), as follows: While different theories have been advanced to support the permissibility of retrial, of greater importance than the conceptual abstractions employed to ex *255 plain the Ball principle are the implications of that principle for the sound administration of justice.

11995–1995
Supreme Court of NH v. Piper green
scotus · 1985
1 sentence

1985Article IV, section 2 of the Constitution provides that the "citizens of each state shall be entitled to all Privileges and Immunities of Citizens in the several states." The clause requires analysis of whether a particular activity is a "privilege" under the clause, whether there is a substantial reason for discriminatory treatment of nonresidents, and whether the degree or method of discrimination bears a close relationship to its reason. 105 S.Ct. at 1278 -79 .

11985–1985
Zapata v. Ford Motor Credit Co. green
tex · 1981
1 sentence

1984Art. 5069-7.07(4) provides that no retail installment contract shall: (4) Provide for a waiver of the buyer’s rights of action against the seller or holder or other person acting therefor for any illegal act committed in the collection of payments under the contract or agreement or in the repossession of a motor vehicle[.] On May 6, 1981, the Texas Supreme Court in Zapata v. Ford Motor Credit Company, 615 S.W.2d 198 (Tex.1981) ruled on conflicting holdings by the Courts of Appeals on whether the clause was a violation of the Texas Consumer Credit Code.

11984–1984
Anderson & Kerr Drilling Co. v. Bruhlmeyer green
tex · 1940
2 sentences

1964"We answer the first certified question as follows: The clause of exception and reservation contained in the deed excepts and reserves as a matter of law a fee simple title in the grantors in and to an undivided one-half interest in all oil and gas in and under the land conveyed by the deed, and such provision is not so ambiguous, or so lacking in definiteness, that its meaning requires proof or explanation." 136 S.W.2d p. 805, 127 A.L.R. 1217 .

1964“We answer the first certified question as follows: The clause of exception and reservation contained in the deed excepts and reserves as a matter of law a fee simple title in the grantors in and to an undivided one-half interest in all oil and gas in and under the land conveyed by the deed, and such provision is not so ambiguous, or so lacking in definiteness, that its meaning requires proof or explanation.” 136 S.W.2d p. 805, 127 A.L.R. 1217 .

11964–1964
Jordan v. Crudgington green
tex · 1950
2 sentences

1960In view of this clause the rule of construction employed by this Court in Jordan v. Crudgington, 149 Texas 237 , 231 S.W. 2d 641 , will be applied here.

1960In view of this clause the rule of construction employed by this Court in Jordan v. Crudgington, 149 Texas 237 , 231 S.W. 2d 641 , will be applied here.

11960–1960

Statutes the citing opinions construe

TX § Tex. Penal Code § 21.02 (4) USC § 42u.s.c.1983 (4) TX § Tex. Penal Code § 19.03 (3) TX § Tex. Penal Code § 7.02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 45 (1991–2026) TX 43 (1960–2025) IL 25 (1902–2019) NY 22 (1901–2015) MO 17 (1905–2025) CA 17 (1931–2024) NM 10 (2006–2022) CO 10 (1871–2026) GA 10 (2005–2026) MA 10 (1886–2016) WA 9 (1989–2019) MI 8 (1903–2025) IN 8 (1881–2020) PA 7 (1978–2016) NC 6 (1913–2013) TN 6 (2010–2016) AL 6 (1970–2015) OK 6 (1938–2015) IA 5 (1901–2019) HI 5 (2005–2010) WI 5 (1991–2026) NE 5 (1917–2006) OR 5 (1993–2021) LA 5 (1978–2010) KY 5 (1914–2013) UT 3 (2006–2022) ID 3 (2004–2019) VA 3 (1985–2015) MD 3 (1981–2005) KS 3 (1936–2016) NV 2 (2012–2012) NJ 2 (2007–2008) DC 2 (2009–2009) SD 2 (2004–2005) MN 2 (2005–2008) FL 2 (2006–2016) AR 2 (1962–2006) MS 2 (1967–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check