Sec. 34.061. DUTY TOWARD SEIZED PERSONALTY; LIABILITY. (a) The officer shall keep securely all personal property on which he has levied and for which no delivery bond is given.
(b) If an injury or loss to an interested party results from the negligence of the officer, the officer and his sureties are liable for the value of the property lost or damaged.
(c) The injured party has the burden to prove:
(1) that the officer took actual possession of the injured party's property; and
(2) the actual value of any property lost or damaged.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 3, eff. September 1, 2007.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Chapter 34 - Execution on Judgments
Subchapter D. Duties and Liabilities of Executing Officer
Section 34.061. Duty Toward Seized Personalty; Liability
Section 34.062. Duty of Successor Officer
Section 34.063. Improper Endorsement of Writ
Section 34.065. Failure to Levy or Sell
Section 34.067. Failure to Deliver Money Collected
Section 34.068. Rules Governing Actions Under This Chapter
Section 34.069. Payment of Damages
Section 34.070. Right of Subrogation
Section 34.071. Duties of Executing Officer
Section 34.072. Timing of Execution and Return
Section 34.073. Transfer of Writ; No Duty to Levy Outside of County