Tex. Civ. Practice & Remedies Code Section 7.001
Liability for Refusal or Neglect in Performance of Official Duties

(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 (Execution on Judgments). A party may seek actual damages under this section or Chapter 34 (Execution on Judgments), 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 (Rules Governing Actions Under This Chapter), 34.069 (Payment of Damages), 34.070 (Right of Subrogation), and 34.074 (Officer’s Surety), except that a motion brought under Subsection (b) need not comply with Section 34.068 (Rules Governing Actions Under This Chapter)(b).
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: Section 7.001 — Liability for Refusal or Neglect in Performance of Official Duties, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­7.­htm#7.­001 (accessed Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

§ 7.001’s source at texas​.gov