CHAPTER 7. LIABILITY OF COURT OFFICERS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 7. LIABILITY OF COURT OFFICERS
SUBCHAPTER A. LIABILITY OF OFFICER
Sec. 7.001. LIABILITY FOR REFUSAL OR NEGLECT IN PERFORMANCE OF
OFFICIAL DUTIES. (a) A clerk, sheriff, or other officer who
neglects or refuses to perform a duty required under the Texas
Rules of Civil Procedure or under a provision of this code
derived from those rules is liable for actual damages only in a
suit brought by a person injured by the officer's neglect or
refusal.
(b) The officer may be punished for contempt of court for
neglect or refusal in the performance of those duties. The court
shall set the fine at not less than $10 or more than $100, with
costs. The officer must be given 10 days' notice of the motion.
(c) This section does not create a cause of action for an action
that can otherwise be brought under Chapter 34. A party may seek
actual damages under this section or Chapter 34, or the party may
seek contempt sanctions, but the party may not seek both damages
and contempt.
(d) An action or motion brought under this section must comply
with and is subject to the provisions in Sections 34.068, 34.069,
34.070, and 34.074, except that a motion brought under Subsection
(b) need not comply with Section 34.068(b).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
421, Sec. 1, eff. September 1, 2007.
Sec. 7.002. LIABILITY FOR DEPOSITS PENDING SUIT. (a) An
officer who has custody of a sum of money, a debt, an instrument,
or other property paid to or deposited with a court pending the
outcome of a cause of action shall seal the property in a secure
package in a safe or bank vault that is accessible and subject to
the control of the court.
(b) The officer shall keep in his office as part of his records
an itemized inventory of property deposited with the court. The
inventory must list the disposition of the property and the
account for which the property was received.
(c) At the expiration of the officer's term, the officer shall
transfer all deposited property and the inventory to the
officer's successor in office. The successor shall give a receipt
for the transferred property and the inventory.
(d) This section does not exempt an officer or the officer's
surety from liability on the officer's bond due to neglect or
other default in regard to the deposited property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 7.003. LIABILITY REGARDING EXECUTION OF WRITS. (a) Except
as provided by Section 34.061, an officer is not liable for
damages resulting from the execution of a writ issued by a court
of this state if the officer in good faith executes or attempts
to execute the writ as provided by law and by the Texas Rules of
Civil Procedure.
(b) An officer shall execute a writ issued by a court of this
state without requiring that bond be posted for the
indemnification of the officer.
(c) An officer shows that the officer acted in good faith when
the officer shows that a reasonably prudent officer, under the
same or similar circumstances, could have believed that the
officer's conduct was justified based on the information the
officer possessed when the conduct occurred.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
421, Sec. 2, eff. September 1, 2007.
SUBCHAPTER B. LIABILITY OF ATTORNEY
Sec. 7.011. ATTORNEY'S LIABILITY FOR COSTS. An attorney who is
not a party to a civil proceeding is not liable for payment of
costs incurred by a party to the proceeding.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER C. SUIT ON OFFICIAL BONDS
Sec. 7.021. SUIT ON OFFICIAL BONDS. Suit may be brought in the
name of this state alone on an official bond for the benefit of
all the parties entitled to recover on the bond if:
(1) the bond is made payable to this state or to an officer of
this state; and
(2) a recovery on the bond is authorized by or would inure to
the benefit of parties other than this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.