1. (a) A court may not require an applicant for a temporary injunction to execute a bond to the adverse party before the injunction may issue if:

   1. (1) the applicant submits an affidavit that meets the requirements of Section 65.043 to the court; and
   2. (2) the court finds that the injunction is intended to enjoin the adverse party from foreclosing on the applicant's residential homestead.
2. (b) If the affidavit submitted under Subsection (a)(1) is contested under Section 65.044, the court may not issue a temporary injunction unless the court finds that the applicant is financially unable to execute the bond.

Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.