Texas Codes

Tex. Bus. Orgs. Code § 152.306 (2026)

Enforcement Of Remedy

✓ current as of May 2026
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Sec. 152.306. ENFORCEMENT OF REMEDY. (a) A judgment against a partnership is not by itself a judgment against a partner. A judgment may be entered against a partner who has been served with process in a suit against the partnership.

(b) Except as provided by Subsection (c), a creditor may proceed against the property of one or more partners to satisfy a judgment based on a claim against the partnership only if a judgment:

(1) is obtained against the partner; and

(2) based on the same claim:

(A) is obtained against the partnership;

(B) has not been reversed or vacated; and

(C) remains unsatisfied for 90 days after:

(i) the date on which the judgment is entered; or

(ii) the date on which the stay expires, if the judgment is contested by appropriate proceedings and execution on the judgment is stayed.

(c) Subsection (b)(2) does not prohibit a creditor from proceeding directly against the property of one or more partners if:

(1) the partnership is a debtor in bankruptcy;

(2) the creditor and the partner or partners whose property is the subject of the proceeding brought by the creditor agreed that the creditor is not required to comply with Subsection (b)(2);

(3) a court orders otherwise, based on a finding that partnership property subject to execution in the state is clearly insufficient to satisfy the judgment or that compliance with Subsection (b)(2) is excessively burdensome; or

(4) liability is imposed on the partner by law or contract independently of the person's status as a partner.

(d) This section does not limit the effect of Section 152.801 with respect to a limited liability partnership.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 658 (S.B. 1859), Sec. 12, eff. September 1, 2019.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2007–2026 · leading case: Kao Holdings, L.P. v. Young, 261 S.W.3d 60 (Tex. 2008).
Kao Holdings, L.P. v. Young, 261 S.W.3d 60 (Tex. 2008). “A parallel provision was adopted in Tex. Bus. Orgs.Code § 152.306(a). Act of May 26, 2003, 78th Leg.”
D. Brent Lemon D/B/A Law Off. of D. Brent Lemon v. Daniel Hagood, 545 S.W.3d 105 (Tex. App. 2017). · cites it 2× “TEX.BUS.ORGS.CODE ANN. § 152.306(b).9 Significantly, subsection (c) allows a creditor to proceed against a partner “without first seeking satisfaction from partnership property” if one of the four exceptions are met.”
Kao Holdings, L.P. v. Young, 214 S.W.3d 504 (Tex. App. 2007). · cites it 2× “See Tex. Bus. ORGS. Code Ann. § 152.306 (a) (Vernon 2006).”
Waller Marine, Inc. v. Scott M. Magie & the Power In.Com, LLC, 463 S.W.3d 614 (Tex. App. 2015). · cites it 2× “See Tex. Bus. Orgs.Code Ann. § 152.306(a) (West 2012) ("A judgment against a partnership is not by itself a judgment against a partner.”
Gordon Westergren, Sandy Westergren, Richard Helmle, Carole Helmle, Chris Miller, Kimberly Miller, Peter Sundt, & Brian Johnson v. Houston Pilots Ass'n, 566 S.W.3d 7 (Tex. App. 2018). · cites it 2× “Tex. Bus. Orgs. Code § 152.306(a). But the judgment against the partnership generally is conclusive of the individual partners’ joint and several liability.”
Am. Star Energy & Minerals Corp. v. Richard \dick\" Stowers, 457 S.W.3d 427 (2015). · cites it 5× “Tex. Bus. Orgs. Code § 152.306(a). A creditor may attempt to *430 do so in the suit against the partnership or in a separate suit.”
Am. Star Energy & Minerals Corp. v. Stowers, 405 S.W.3d 905 (2013). · cites it 3× “It provides the sole means by which a creditor may hold a partner responsible for partnership debt and mandates that the creditor may so hold the partner individually responsible “only if’ a judgment is obtained against the partner and another is obtained against the partnership…”
Am. Star Energy & Minerals Corp. v. Richard W. \Dick\" Stowers (2013). · cites it 2× “1, 2010); Tex. Bus. Orgs. Code Ann. § 152.306 (West 2012).”
Am. Star Energy & Minerals Corp. v. Richard W. \Dick\" Stowers (2013). · cites it 2× “1, 2010); Tex. Bus. Orgs. Code Ann. § 152.306 (West 2012).”
Am. Idol, Gen., LP D/B/A the REO, & Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc. (Tex. App. 2015). · cites it 2× “Civ. P. 166a(c)…………………………………………………….31, 32-33 Tex.”
Am. Idol, Gen., LP D/B/A the REO, & Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc. (Tex. App. 2015). · cites it 2× “TEX. BUS. ORGS. CODE § 152.306(a). A As an independent entity, a partnership may enter creditor may attempt to do so in the suit against into contracts in its own name, may own its own the partnership or in a separate suit.”
— Tex. Bus. Orgs. Code § 152.306(a) — 10 cases
Kao Holdings, L.P. v. Young, 261 S.W.3d 60 (Tex. 2008). “A parallel provision was adopted in Tex. Bus. Orgs.Code § 152.306(a). Act of May 26, 2003, 78th Leg.”
Kao Holdings, L.P. v. Young, 214 S.W.3d 504 (Tex. App. 2007). “See Tex. Bus. ORGS. Code Ann. § 152.306 (a) (Vernon 2006).”
Waller Marine, Inc. v. Scott M. Magie & the Power In.Com, LLC, 463 S.W.3d 614 (Tex. App. 2015). “See Tex. Bus. Orgs.Code Ann. § 152.306(a) (West 2012) ("A judgment against a partnership is not by itself a judgment against a partner.”
Gordon Westergren, Sandy Westergren, Richard Helmle, Carole Helmle, Chris Miller, Kimberly Miller, Peter Sundt, & Brian Johnson v. Houston Pilots Ass'n, 566 S.W.3d 7 (Tex. App. 2018). “Tex. Bus. Orgs. Code § 152.306(a). But the judgment against the partnership generally is conclusive of the individual partners’ joint and several liability.”
Am. Star Energy & Minerals Corp. v. Richard \dick\" Stowers, 457 S.W.3d 427 (2015). “Tex. Bus. Orgs. Code § 152.306(a). A creditor may attempt to *430 do so in the suit against the partnership or in a separate suit.”
— Tex. Bus. Orgs. Code § 152.306(b) — 3 cases
D. Brent Lemon D/B/A Law Off. of D. Brent Lemon v. Daniel Hagood, 545 S.W.3d 105 (Tex. App. 2017). “TEX.BUS.ORGS.CODE ANN. § 152.306(b).9 Significantly, subsection (c) allows a creditor to proceed against a partner “without first seeking satisfaction from partnership property” if one of the four exceptions are met.”
Gordon Westergren, Sandy Westergren, Richard Helmle, Carole Helmle, Chris Miller, Kimberly Miller, Peter Sundt, & Brian Johnson v. Houston Pilots Ass'n, 566 S.W.3d 7 (Tex. App. 2018). “Tex. Bus. Orgs. Code § 152.306(a). But the judgment against the partnership generally is conclusive of the individual partners’ joint and several liability.”
— Tex. Bus. Orgs. Code § 152.306(b)(2) — 1 case
Am. Star Energy & Minerals Corp. v. Richard \dick\" Stowers, 457 S.W.3d 427 (2015). “Tex. Bus. Orgs. Code § 152.306(a). A creditor may attempt to *430 do so in the suit against the partnership or in a separate suit.”
— Tex. Bus. Orgs. Code § 152.306(b)(2)(A) — 3 cases
D. Brent Lemon D/B/A Law Off. of D. Brent Lemon v. Daniel Hagood, 545 S.W.3d 105 (Tex. App. 2017). “TEX.BUS.ORGS.CODE ANN. § 152.306(b).9 Significantly, subsection (c) allows a creditor to proceed against a partner “without first seeking satisfaction from partnership property” if one of the four exceptions are met.”
Am. Star Energy & Minerals Corp. v. Richard \dick\" Stowers, 457 S.W.3d 427 (2015). “Tex. Bus. Orgs. Code § 152.306(a). A creditor may attempt to *430 do so in the suit against the partnership or in a separate suit.”
— Tex. Bus. Orgs. Code § 152.306(b)(2)(C)(ii) — 1 case
Am. Star Energy & Minerals Corp. v. Richard \dick\" Stowers, 457 S.W.3d 427 (2015). “Tex. Bus. Orgs. Code § 152.306(a). A creditor may attempt to *430 do so in the suit against the partnership or in a separate suit.”
— Tex. Bus. Orgs. Code § 152.306(c) — 3 cases
Waller Marine, Inc. v. Scott M. Magie & the Power In.Com, LLC, 463 S.W.3d 614 (Tex. App. 2015). “See Tex. Bus. Orgs.Code Ann. § 152.306(a) (West 2012) ("A judgment against a partnership is not by itself a judgment against a partner.”
Am. Star Energy & Minerals Corp. v. Richard \dick\" Stowers, 457 S.W.3d 427 (2015). “Tex. Bus. Orgs. Code § 152.306(a). A creditor may attempt to *430 do so in the suit against the partnership or in a separate suit.”
Am. Idol, Gen., LP D/B/A the REO, & Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc. (Tex. App. 2015). “TEX. BUS. ORGS. CODE § 152.306(a). A As an independent entity, a partnership may enter creditor may attempt to do so in the suit against into contracts in its own name, may own its own the partnership or in a separate suit.”
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