2005 Texas Civil Practice & Remedies Code CHAPTER 7. LIABILITY OF COURT OFFICERS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 7. LIABILITY OF COURT OFFICERS

SUBCHAPTER A. LIABILITY OF OFFICER


	§ 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 Title 42, 
Revised Statutes, or under a provision of this code derived from 
that title is liable for damages 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.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 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, § 1, eff. Sept. 1, 1985.                    


	§ 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:
		(1)  in good faith executes the writ as provided by law 
and by the Texas Rules of Civil Procedure;  and
		(2)  uses reasonable diligence in performing his 
official duties.           
	(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.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

SUBCHAPTER B. LIABILITY OF ATTORNEY


	§ 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, § 1, eff. Sept. 1, 1985.                    

SUBCHAPTER C. SUIT ON OFFICIAL BONDS


	§ 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, § 1, eff. Sept. 1, 1985.