Tex. Civ. Prac. & Rem. Code § 43.002 · Chapter 43. PRINCIPAL AND SURETY
SUIT ON ACCRUED RIGHT OF ACTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) When a right of action accrues on a contract for the payment of money or performance of an act, a surety on the contract may, by written notice, require the obligee to without delay bring a suit on the contract.
(b) A surety who provides notice to an obligee under Subsection (a) is discharged from all liability on the contract if the obligee:
(1) is not under a legal disability; and
(2) does not:
(A) bring a suit on the contract during:
(i) the first term of court after receipt of the notice; or
(ii) the second term of court if good cause is shown for the delay; or
(B) prosecute the suit to judgment and execution.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.43.htm
- Text hash
- sha256 cadc7f68f6d2f5e912551ed4a8948343b7688ccb19659ff05d1f933c18326be2
- 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
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.