Sec. 34.068. RULES GOVERNING ACTIONS UNDER THIS CHAPTER. (a) This section applies to any claim for damages brought under Section 7.001, 34.061, 34.063, 34.065, 34.066, or 34.067 or under Section 86.023, Local Government Code.
(b) Suit shall be brought in the form of a lawsuit filed against the officer in the county in which the officer holds office.
(c) All suits must be filed not later than the first anniversary of the date on which the injury accrues.
(d) An officer or a surety may defend the action by stating and proving any defenses provided by law, including any defense that would mitigate damages.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, 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