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 May 26, 2025).

34.001
No Execution on Dormant Judgment 34.002
Effect of Plaintiff’s Death 34.003
Effect of Defendant’s Death 34.004
Levy on Property Conveyed to Third Party 34.005
Levy on Property of Surety 34.021
Recovery of Property Before Sale 34.022
Recovery of Property Value After Sale 34.041
Sale at Place Other than Courthouse Door 34.042
Sale of City Lots 34.043
Sale of Rural Property 34.044
Stock Shares Subject to Sale 34.045
Conveyance of Title After Sale 34.046
Purchaser Considered Innocent Purchaser Without Notice 34.047
Distribution of Sale Proceeds 34.048
Purchase by Officer Void 34.061
Duty Toward Seized Personalty 34.062
Duty of Successor Officer 34.063
Improper Endorsement of Writ 34.064
Improper Return of Writ 34.065
Failure to Levy or Sell 34.066
Improper Sale 34.067
Failure to Deliver Money Collected 34.068
Rules Governing Actions Under This Chapter 34.069
Payment of Damages 34.070
Right of Subrogation 34.071
Duties of Executing Officer 34.072
Timing of Execution and Return 34.073
Transfer of Writ 34.074
Officer’s Surety 34.075
Wrongful Levy 34.076
Exclusive Remedy 34.0445
Persons Eligible to Purchase Real Property

Verified:
May 26, 2025

§ 34.068. Rules Governing Actions Under This Chap.'s source at texas.gov

Stay Connected

Join thousands of people who receive monthly site updates.

Get Legal Help

The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS)

Committed to Public Service

We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access.

Navigate

California:	Codes
Colorado:	C.R.S.
Florida:	Statutes
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

Location: https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_34.068

Original Source: Section 34.068 — Rules Governing Actions Under This Chapter, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.34.htm#34.068 (last accessed May 10, 2025).