CIVIL PRACTICE & REMEDIES CODE

CHAPTER 6. GOVERNMENTAL EXEMPTION FROM BOND AND SECURITY 
REQUIREMENTS


	§ 6.001.  STATE AND FEDERAL AGENCIES EXEMPT FROM BOND FOR 
COURT COSTS OR APPEAL.  (a)  A governmental entity or officer 
listed in Subsection (b) may not be required to file a bond for 
court costs incident to a suit filed by the entity or officer or for 
an appeal or writ of error taken out by the entity or officer and is 
not required to give a surety for the issuance of a bond to take out 
a writ of attachment, writ of sequestration, distress warrant, or 
writ of garnishment in a civil suit.
	(b)  The following are exempt from the bond requirements:                      
		(1)  this state;                                                              
		(2)  a department of this state;                                              
		(3)  the head of a department of this state;                                  
		(4)  a county of this state;                                                  
		(5)  the Federal Housing Administration;                                      
		(6)  the Federal National Mortgage Association;                               
		(7)  the Government National Mortgage Association;                            
		(8)  the Veterans' Administration;                                            
		(9)  the administrator of veterans affairs;                                   
		(10)  any national mortgage savings and loan insurance 
corporation created by an act of congress as a national relief 
organization that operates on a statewide basis;  and
		(11)  the Federal Deposit Insurance Corporation in its 
capacity as receiver or in its corporate capacity.
	(c)  Notwithstanding Subsection (a), a county or district 
attorney is not exempted from filing a bond to take out an 
extraordinary writ unless the commissioners court of the county 
approves the exemption in an action brought in behalf of the county 
or unless the attorney general approves the exemption in an action 
brought in behalf of the state.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 167, § 3.03(a), eff. Sept. 1, 1987.


	§ 6.002.  CITIES EXEMPT FROM SECURITY FOR COURT 
COSTS.  (a)  Security for costs may not be required of an 
incorporated city or town of this state in an action, suit, or 
proceeding.
	(b)  A municipality may institute and prosecute suits 
without giving security for cost and may appeal from judgment 
without giving supersedeas or cost bond.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 149, § 21, eff. Sept. 1, 1987;  Acts 
2001, 77th Leg., ch. 625, § 1, eff. Sept. 1, 2001.


	§ 6.003.  WATER DISTRICTS EXEMPT FROM APPEAL 
BOND.  (a)  A governmental entity listed in Subsection (b) may not 
be required to give bond on an appeal or writ of error taken in a 
civil case that the entity is prosecuting or defending in its 
official capacity.
	(b)  The following are exempt from the appeal bond 
requirements:             
		(1)  a water improvement district, a water control and 
improvement district, an irrigation district, a conservation and 
reclamation district, or a water control and preservation district 
organized under state law;
		(2)  a levee improvement district organized under state 
law;                
		(3)  a drainage district organized under state law;  
and                    
		(4)  an entity created under Section 52, Article III, 
or Section 59, Article XVI, Texas Constitution.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 1070, § 46, eff. Sept. 1, 1997.