Tex. Civ. Practice & Remedies Code Section 34.068
Rules Governing Actions Under This Chapter


(a)

This section applies to any claim for damages brought under Section 7.001 (Liability for Refusal or Neglect in Performance of Official Duties), 34.061 (Duty Toward Seized Personalty; Liability), 34.063 (Improper Endorsement of Writ), 34.065 (Failure to Levy or Sell), 34.066 (Improper Sale), or 34.067 (Failure to Deliver Money Collected) or under Section 86.023 (Collection Liability), Local Government Code.

(b)

Suit shall be brought in the form of a lawsuit filed against the officer in the county in which the officer holds office.

(c)

All suits must be filed not later than the first anniversary of the date on which the injury accrues.

(d)

An officer or a surety may defend the action by stating and proving any defenses provided by law, including any defense that would mitigate damages.
Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.

Source: Section 34.068 — Rules Governing Actions Under This Chapter, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­34.­htm#34.­068 (accessed Apr. 20, 2024).

Accessed:
Apr. 20, 2024

§ 34.068’s source at texas​.gov