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.

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