CHAPTER 52. SECURITY FOR JUDGMENTS PENDING APPEAL - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE D. APPEALS

CHAPTER 52. SECURITY FOR JUDGMENTS PENDING APPEAL

Sec. 52.001. DEFINITION. In this chapter, "security" means a

bond or deposit posted, as provided by the Texas Rules of

Appellate Procedure, by a judgment debtor to suspend execution of

the judgment during appeal of the judgment.

Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,

1989.

Sec. 52.005. CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.

(a) To the extent that this chapter conflicts with the Texas

Rules of Appellate Procedure, this chapter controls.

(b) Notwithstanding Section 22.004, Government Code, the supreme

court may not adopt rules in conflict with this chapter.

(c) The Texas Rules of Appellate Procedure apply to any

proceeding, cause of action, or claim to which Section 52.002

does not apply.

Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,

1989.

Sec. 52.006. AMOUNT OF SECURITY FOR MONEY JUDGMENT. (a)

Subject to Subsection (b), when a judgment is for money, the

amount of security must equal the sum of:

(1) the amount of compensatory damages awarded in the judgment;

(2) interest for the estimated duration of the appeal; and

(3) costs awarded in the judgment.

(b) Notwithstanding any other law or rule of court, when a

judgment is for money, the amount of security must not exceed the

lesser of:

(1) 50 percent of the judgment debtor's net worth; or

(2) $25 million.

(c) On a showing by the judgment debtor that the judgment debtor

is likely to suffer substantial economic harm if required to post

security in an amount required under Subsection (a) or (b), the

trial court shall lower the amount of the security to an amount

that will not cause the judgment debtor substantial economic

harm.

(d) An appellate court may review the amount of security as

allowed under Rule 24, Texas Rules of Appellate Procedure, except

that when a judgment is for money, the appellate court may not

modify the amount of security to exceed the amount allowed under

this section.

(e) Nothing in this section prevents a trial court from

enjoining the judgment debtor from dissipating or transferring

assets to avoid satisfaction of the judgment, but the trial court

may not make any order that interferes with the judgment debtor's

use, transfer, conveyance, or dissipation of assets in the normal

course of business.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 7.02, eff. Sept. 1,

2003.