CIVIL PRACTICE AND REMEDIES CODE TITLE 1. GENERAL ...

1 CIVIL PRACTICE AND REMEDIES CODETITLE 1. GENERAL PROVISIONSCHAPTER 1. GENERAL PROVISIONSSec. PURPOSE OF CODE. (a) This code is enacted as apart of the state's continuing statutory revision program, begun bythe Texas Legislative Council in 1963 as directed by the legislaturein Chapter 323, Government Code. The program contemplates a topic-by-topic revision of the state's GENERAL and permanent statute lawwithout substantive change.(b) Consistent with the objectives of the statutory revisionprogram, the purpose of this code is to make the law encompassed bythis code more accessible and understandable, by:(1) rearranging the statutes into a more logical order;(2) employing a format and numbering system designed tofacilitate citation of the law and to accommodate future expansion ofthe law;(3) eliminating repealed, duplicative, unconstitutional,expired, executed, and other ineffective provisions; and(4) restating the law in modern American English to thegreatest extent possible.

2 Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1987, 70th Leg., ch. 167, Sec. , eff. Sept. 1, 1987. Sec. CONSTRUCTION OF CODE. The Code Construction Act(Chapter 311, Government Code) applies to the construction of eachprovision in this code, except as otherwise expressly provided bythis code. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1987, 70th Leg., ch. 167, Sec. , eff. Sept. 1, 1987. Sec. INTERNAL REFERENCES. In this code:(1) a reference to a TITLE , chapter, or section withoutfurther identification is a reference to a TITLE , chapter, or sectionof this code; and(2) a reference to a subtitle, subchapter, subsection,subdivision, paragraph, or other numbered or lettered unit withoutfurther identification is a reference to a unit of the next largerStatute text rendered on: 1/1/2022- 1 -unit of this code in which the reference appears.

3 Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. TITLE 2. TRIAL, JUDGMENT, AND APPEALSUBTITLE A. GENERAL PROVISIONSCHAPTER 5. RULE OF DECISIONSec. RULE OF DECISION. (a) The rule of decision inthis state consists of those portions of the common law of Englandthat are not inconsistent with the constitution or the laws of thisstate, the constitution of this state, and the laws of this state.(b) In any action governed by the laws of this state concerningrights and obligations under the law, the American Law Institute'sRestatements of the Law are not controlling. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, by: Acts 2019, 86th Leg., , Ch. 845 ( 2757), Sec. 1, 1, 2019. CHAPTER 6. GOVERNMENTAL EXEMPTION FROM BOND AND SECURITY REQUIREMENTSSec. STATE AND FEDERAL AGENCIES EXEMPT FROM BOND FORCOURT COSTS OR APPEAL.

4 (a) A governmental entity or officer listedin Subsection (b) may not be required to file a bond for court costsincident to a suit filed by the entity or officer or for an appeal orwrit of error taken out by the entity or officer and is not requiredto give a surety for the issuance of a bond to take out a writ ofattachment, writ of sequestration, distress warrant, or writ ofgarnishment in a CIVIL suit.(b) The following are exempt from the bond requirements:(1) this state;(2) a department of this state;(3) the head of a department of this state;(4) a county of this state;(5) the Federal Housing Administration;(6) the Federal National Mortgage Association;(7) the Government National Mortgage Association;(8) the Veterans' Administration;(9) the administrator of veterans affairs; CIVIL PRACTICE AND REMEDIES CODES tatute text rendered on: 1/1/2022- 2 -(10) any national mortgage savings and loan insurancecorporation created by an act of congress as a national relieforganization that operates on a statewide basis; and(11) the Federal Deposit Insurance Corporation in itscapacity as receiver or in its corporate capacity.

5 (c) Notwithstanding Subsection (a), a county or districtattorney is not exempted from filing a bond to take out anextraordinary writ unless the commissioners court of the countyapproves the exemption in an action brought in behalf of the countyor unless the attorney GENERAL approves the exemption in an actionbrought in behalf of the state. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1987, 70th Leg., ch. 167, Sec. (a), eff. Sept. 1, 1987. Sec. CITIES EXEMPT FROM SECURITY FOR COURT COSTS. (a)Security for costs may not be required of an incorporated city ortown of this state in an action, suit, or proceeding.(b) A municipality may institute and prosecute suits withoutgiving security for cost and may appeal from judgment without givingsupersedeas or cost bond.

6 Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1987, 70th Leg., ch. 149, Sec. 21, eff. Sept. 1, 1987; Acts2001, 77th Leg., ch. 625, Sec. 1, eff. Sept. 1, 2001. Sec. WATER DISTRICTS EXEMPT FROM APPEAL BOND. (a) Agovernmental entity listed in Subsection (b) may not be required togive bond on an appeal or writ of error taken in a CIVIL case thatthe entity is prosecuting or defending in its official capacity.(b) The following are exempt from the appeal bond requirements:(1) a water improvement district, a water control andimprovement district, an irrigation district, a conservation andreclamation district, or a water control and preservation districtorganized under state law;(2) a levee improvement district organized under state law;(3) a drainage district organized under state law; and(4) an entity created under Section 52, Article III, orSection 59, Article XVI, Texas PRACTICE AND REMEDIES CODES tatute text rendered on: 1/1/2022- 3 -Acts 1985, 69th Leg.

7 , ch. 959, Sec. 1, eff. Sept. 1, 1985. Amendedby Acts 1997, 75th Leg., ch. 1070, Sec. 46, eff. Sept. 1, 1997. Sec. SCHOOL DISTRICTS EXEMPT FROM SECURITY FOR COURTCOSTS AND APPEAL BOND. A school district may institute and prosecutesuits without giving security for cost and may appeal from judgmentwithout giving supersedeas or cost bond. Added by Acts 2011, 82nd Leg., , Ch. 243 ( 942), Sec. 1, 1, 2011. CHAPTER 7. LIABILITY OF COURT OFFICERSSUBCHAPTER A. LIABILITY OF OFFICERSec. LIABILITY FOR REFUSAL OR NEGLECT IN PERFORMANCE OFOFFICIAL DUTIES. (a) A clerk, sheriff, or other officer whoneglects or refuses to perform a duty required under the Texas Rulesof CIVIL Procedure or under a provision of this code derived fromthose rules is liable for actual damages only in a suit brought by aperson injured by the officer's neglect or refusal.

8 (b) The officer may be punished for contempt of court forneglect or refusal in the performance of those duties. The courtshall set the fine at not less than $10 or more than $100, withcosts. The officer must be given 10 days' notice of the motion.(c) This section does not create a cause of action for anaction that can otherwise be brought under Chapter 34. A party mayseek actual damages under this section or Chapter 34, or the partymay seek contempt sanctions, but the party may not seek both damagesand contempt.(d) An action or motion brought under this section must complywith and is subject to the provisions in Sections , , , and , except that a motion brought under Subsection (b)need not comply with Section (b). Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, by: Acts 2007, 80th Leg.

9 , , Ch. 421 ( 1269), Sec. 1, 1, 2007. CIVIL PRACTICE AND REMEDIES CODES tatute text rendered on: 1/1/2022- 4 -Sec. LIABILITY FOR DEPOSITS PENDING SUIT. (a) Anofficer who has custody of a sum of money, a debt, an instrument, orother property paid to or deposited with a court pending the outcomeof a cause of action shall seal the property in a secure package in asafe or bank vault that is accessible and subject to the control ofthe court.(b) The officer shall keep in his office as part of his recordsan itemized inventory of property deposited with the court. Theinventory must list the disposition of the property and the accountfor which the property was received.(c) At the expiration of the officer's term, the officer shalltransfer all deposited property and the inventory to the officer'ssuccessor in office.

10 The successor shall give a receipt for thetransferred property and the inventory.(d) This section does not exempt an officer or the officer'ssurety from liability on the officer's bond due to neglect or otherdefault in regard to the deposited property. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Sec. LIABILITY REGARDING EXECUTION OF WRITS. (a)Except as provided by Section , an officer is not liable fordamages resulting from the execution of a writ issued by a court ofthis state if the officer in good faith executes or attempts toexecute the writ as provided by law and by the Texas Rules of CivilProcedure.(b) An officer shall execute a writ issued by a court of thisstate without requiring that bond be posted for the indemnificationof the officer.(c) An officer shows that the officer acted in good faith whenthe officer shows that a reasonably prudent officer, under the sameor similar circumstances, could have believed that the officer'sconduct was justified based on the information the officer possessedwhen the conduct occurred.