TEXAS RULES OF CIVIL PROCEDURE / RULE 48
TRCP 48: Alternative claims for relief
Alternative or hypothetical claims and defenses, including inconsistent claims.
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A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based upon legal or equitable grounds or both.