CHAPTER 6. GOVERNMENTAL EXEMPTION FROM BOND AND SECURITY REQUIREMENTS - Texas Statutes

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.