Sec. 34.005. LEVY ON PROPERTY OF SURETY. (a) If the face of a writ of execution or the endorsement of the clerk shows that one of the persons against whom it is issued is surety for another, the officer must first levy on the principal's property that is subject to execution and is located in the county in which the judgment is rendered.
(b) If property of the principal cannot be found that, in the opinion of the officer, is sufficient to satisfy the execution, the officer shall levy first on the principal's property that can be found and then on as much of the property of the surety as is necessary to satisfy the execution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Chapter 34 - Execution on Judgments
Subchapter A. Issuance and Levy of Writ
Section 34.001. No Execution on Dormant Judgment
Section 34.002. Effect of Plaintiff's Death
Section 34.003. Effect of Defendant's Death