Tex. Civ. Prac. & Rem. Code § 43.004 · Chapter 43. PRINCIPAL AND SURETY
SUBROGATION RIGHTS OF SURETY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A judgment is not discharged by a surety's payment of the judgment in whole or part if the payment:
(1) is compelled; or
(2) if made voluntarily, is applied to the judgment because of the suretyship relationship.
(b) A surety who pays on a judgment as described by Subsection (a) is subrogated to all of the judgment creditor's rights under the judgment. A subrogated surety is entitled to execution on the judgment against:
(1) the principal's property for the amount of the surety's payment, plus interest and costs; and
(2) if there is more than one surety, both the principal's property and the property of the cosurety or cosureties for the amount by which the surety's payment exceeds the surety's proportionate share of the judgment, plus interest and costs.
(c) A subrogated surety seeking execution on the judgment under Subsection (b) shall apply for execution to the clerk or court. The execution shall be levied, collected, and returned as in other cases.
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 9702f0fe88044993112f17f81c86fa51fb7b722b8b8983aed9f3aa0a2a5e4029
- 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 1 provision
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Civil Practice and Remedies Code
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