Tex. Civ. Prac. & Rem. Code § 34.061 · Subchapter D. DUTIES AND LIABILITIES OF EXECUTING OFFICER
DUTY TOWARD SEIZED PERSONALTY; LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.34.htm
- Text hash
- sha256 4d75b689746ac20ffe25ca8d9fc444c72fef703ffb4feb35577217ff1d66d7e1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 34.061. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 7.003LIABILITY REGARDING EXECUTION OF WRITS.Printed as Section 34.061
- Tex. Civ. Prac. & Rem. Code § 34.068RULES GOVERNING ACTIONS UNDER THIS CHAPTER.Printed as Section 7.001, 34.061, 34.063, 34.065, 34.066, or 34.067
- Tex. Civ. Prac. & Rem. Code § 34.069PAYMENT OF DAMAGES.Printed as Section 7.001, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067
- Tex. Civ. Prac. & Rem. Code § 34.070RIGHT OF SUBROGATION.Printed as Section 7.001, 7.002, 34.061, 34.063, 34.064, 34.065, 34.066, or 34.067
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.