Tex. Civ. Prac. & Rem. Code § 7.001 · Subchapter A. LIABILITY OF OFFICER
LIABILITY FOR REFUSAL OR NEGLECT IN PERFORMANCE OF OFFICIAL DUTIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedure or under a provision of this code derived from those rules is liable for actual damages only in a suit brought by a person injured by the officer's neglect or refusal.
(b) The officer may be punished for contempt of court for neglect or refusal in the performance of those duties. The court shall set the fine at not less than $10 or more than $100, with costs. The officer must be given 10 days' notice of the motion.
(c) This section does not create a cause of action for an action that can otherwise be brought under Chapter 34. A party may seek actual damages under this section or Chapter 34, or the party may seek contempt sanctions, but the party may not seek both damages and contempt.
(d) An action or motion brought under this section must comply with and is subject to the provisions in Sections 34.068, 34.069, 34.070, and 34.074, except that a motion brought under Subsection (b) need not comply with Section 34.068(b).
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. 1, 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.7.htm
- Text hash
- sha256 b489c7d9cc155d180dac8c5c6545bdfe41de0506e146c9fda570f115f1e679cc
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code ch. 34EXECUTION ON JUDGMENTSPrinted as Chapter 34
- Tex. Civ. Prac. & Rem. Code § 34.068RULES GOVERNING ACTIONS UNDER THIS CHAPTER.Printed as Section 34.068(b) | Sections 34.068, 34.069, 34.070, and 34.074
- Tex. Civ. Prac. & Rem. Code § 34.069PAYMENT OF DAMAGES.Printed as Sections 34.068, 34.069, 34.070, and 34.074
- Tex. Civ. Prac. & Rem. Code § 34.070RIGHT OF SUBROGATION.Printed as Sections 34.068, 34.069, 34.070, and 34.074
- Tex. Civ. Prac. & Rem. Code § 34.074OFFICER'S SURETY.Printed as Sections 34.068, 34.069, 34.070, and 34.074
Cited by 5 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 7.001. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 34.064IMPROPER RETURN OF WRIT.Printed as Section 7.001(b)
- 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
- Tex. Civ. Prac. & Rem. Code § 34.074OFFICER'S SURETY.Printed as Section 7.001
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.