Tex. Civ. Prac. & Rem. Code § 43.003 · Chapter 43. PRINCIPAL AND SURETY
PRIORITY OF EXECUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a judgment granted against two or more defendants finds a suretyship relationship between or among the defendants, the court shall order the sheriff to levy the execution in the following order:
(1) against the principal's property located in the county where the judgment was granted;
(2) if the sheriff cannot find enough of the principal's property in that county to satisfy the execution, against as much of the principal's property as the sheriff finds; and
(3) against as much of the surety's property as is necessary to make up the balance of the amount shown in the writ of execution.
(b) The clerk shall note the order to the sheriff on the writ of 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 601320f36eea025125a131e706143eb5734c3346c67bad4d3ddcac0e43157e32
- 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.