CHAPTER 6. GOVERNMENTAL EXEMPTION FROM BOND AND SECURITY REQUIREMENTS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 6. GOVERNMENTAL EXEMPTION FROM BOND AND SECURITY
REQUIREMENTS
Sec. 6.001. STATE AND FEDERAL AGENCIES EXEMPT FROM BOND FOR
COURT COSTS OR APPEAL. (a) A governmental entity or officer
listed in Subsection (b) may not be required to file a bond for
court costs incident to a suit filed by the entity or officer or
for an appeal or writ of error taken out by the entity or officer
and is not required to give a surety for the issuance of a bond
to take out a writ of attachment, writ of sequestration, distress
warrant, or writ of garnishment 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;
(10) any national mortgage savings and loan insurance
corporation created by an act of congress as a national relief
organization that operates on a statewide basis; and
(11) the Federal Deposit Insurance Corporation in its capacity
as receiver or in its corporate capacity.
(c) Notwithstanding Subsection (a), a county or district
attorney is not exempted from filing a bond to take out an
extraordinary writ unless the commissioners court of the county
approves the exemption in an action brought in behalf of the
county or unless the attorney general approves the exemption in
an action brought in behalf of the state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.03(a), eff.
Sept. 1, 1987.
Sec. 6.002. CITIES EXEMPT FROM SECURITY FOR COURT COSTS. (a)
Security for costs may not be required of an incorporated city or
town of this state in an action, suit, or proceeding.
(b) A municipality may institute and prosecute suits without
giving security for cost and may appeal from judgment without
giving supersedeas or cost bond.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 149, Sec. 21, eff. Sept. 1,
1987; Acts 2001, 77th Leg., ch. 625, Sec. 1, eff. Sept. 1, 2001.
Sec. 6.003. WATER DISTRICTS EXEMPT FROM APPEAL BOND. (a) A
governmental entity listed in Subsection (b) may not be required
to give bond on an appeal or writ of error taken in a civil case
that the 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 and
improvement district, an irrigation district, a conservation and
reclamation district, or a water control and preservation
district organized 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, or Section
59, Article XVI, Texas Constitution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 46, eff. Sept. 1,
1997.