Texas Codes
Tex. Bus. Orgs. Code § 252.007 (2026)
Capacity To Assert And Defend; Standing
✓ laws through the 89th Legislature (2025)
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Sec. 252.007. CAPACITY TO ASSERT AND DEFEND; STANDING. (a) A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution.
(b) A nonprofit association may assert a claim in its name on behalf of members of the nonprofit association if:
(1) one or more of the nonprofit association's members have standing to assert a claim in their own right;
(2) the interests the nonprofit association seeks to protect are germane to its purposes; and
(3) neither the claim asserted nor the relief requested requires the participation of a member.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Notes of Decisions
Cited in 8
cases (5 in the last 5 years), 2011–2025 · leading case: City of Dallas v. East Vill. Ass'n, 480 S.W.3d 37 (Tex. App.—Dallas 2015).
City of Dallas v. East Vill. Ass'n, 480 S.W.3d 37 (Tex. App.—Dallas 2015). “Tex. Bus. Orgs. Code Ann. § 252.007 (b). The City does not challenge the Association’s ability to satisfy the.”
The Boeing Co. v. Sw. Airlines Pilots Ass'n (Swapa) on Behalf of Itself & Its Members, 716 S.W.3d 140 (Tex. 2025). “SWAPA filed a post-judgment motion requesting that the court modify the judgment to dismiss its claims without prejudice so it could pursue the same claims in its capacity as assignee of the 8,794 pilots in a separate suit, which it filed in the same trial court.”
in Re Lee Edward Thomas, No. 06-21-00106-CV (Tex. App.—Texarkana Jan. 14, 2022). “See TEX. BUS. ORGS. CODE ANN. § 252.007(b). We will refer to the plaintiff below, who is the real party in interest in this mandamus proceeding, as the Cosby Group.”
The Lutheran Church - Missouri Synod v. Christian, No. 1:23-cv-01042 (W.D. Tex. Feb. 3, 2025). “common name for the purpose of enforcing for or against it a substantive right”); see also Tex. Bus. Orgs. Code § 252.007 (“A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial .”
Concordia Univ. Texas v. The Lutheran Church - Missouri Synod, No. 1:24-cv-00176 (W.D. Tex. Feb. 3, 2025). “common name for the purpose of enforcing for or against it a substantive right”); see also Tex. Bus. Orgs. Code § 252.007 (“A nonprofit association, in its name, may institute, defend, intervene, or participate in a judicial .”
The Boeing Co. v. Sw. Airlines Pilots Ass'n (Swapa) on Behalf of Itself & Its Members, 716 S.W.3d 140 (Tex. 2025). “” 7 However, when an association seeks damages for its members that are “not common to the entire membership, nor shared by all in equal degree,” individualized proof is required, and the third requirement cannot be met.”
City of Dallas v. East Vill. Ass'n, No. 05-14-01406-CV (Tex. App.—Dallas July 21, 2015). “TEX. BUS. ORGS. CODE ANN. § 252.007(b). The City does not challenge the Association’s ability to satisfy the second and third prongs of the statute’s associational standing test.”
Whittier Heights Maint. Ass'n, Inc., Broughton Maint. Ass'n, Inc., Leyton Grove Maint. Ass'n, Inc., & Old Grove Maint. Associations, Inc. v. Colleyville Home Owners' Rights Ass'n, Inc., No. 02-10-00351-CV (Tex. App.—Fort Worth June 2, 2011). “Tex. Bus. Org. Code Ann. § 252.007 (b)(1), (3) (Vernon 2010).”
Tex. Bus. Orgs. Code § 252.007(b): 4 cases
The Boeing Co. v. Sw. Airlines Pilots Ass'n (Swapa) on Behalf of Itself & Its Members, 716 S.W.3d 140 (Tex. 2025). “SWAPA filed a post-judgment motion requesting that the court modify the judgment to dismiss its claims without prejudice so it could pursue the same claims in its capacity as assignee of the 8,794 pilots in a separate suit, which it filed in the same trial court.”
in Re Lee Edward Thomas, No. 06-21-00106-CV (Tex. App.—Texarkana Jan. 14, 2022). “See TEX. BUS. ORGS. CODE ANN. § 252.007(b). We will refer to the plaintiff below, who is the real party in interest in this mandamus proceeding, as the Cosby Group.”
The Boeing Co. v. Sw. Airlines Pilots Ass'n (Swapa) on Behalf of Itself & Its Members, 716 S.W.3d 140 (Tex. 2025). “” 7 However, when an association seeks damages for its members that are “not common to the entire membership, nor shared by all in equal degree,” individualized proof is required, and the third requirement cannot be met.”
City of Dallas v. East Vill. Ass'n, No. 05-14-01406-CV (Tex. App.—Dallas July 21, 2015). “TEX. BUS. ORGS. CODE ANN. § 252.007(b). The City does not challenge the Association’s ability to satisfy the second and third prongs of the statute’s associational standing test.”
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