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Senate Bill 1269 |
Senate Author: West, Royce |
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Effective: 9-1-07 |
House Sponsor: Strama |
Previous law required the payment of certain costs in addition to actual damages in a suit brought by an injured party against a clerk, sheriff, or other officer for refusing or neglecting to perform certain duties required of that officer by state rule or law. Senate Bill 1269 amends the Civil Practice and Remedies Code, Government Code, and Local Government Code to provide that the officer and the officer's sureties are liable only for actual damages in such cases and that the burden of proof is on the injured party to show the action occurred and the actual value of the claimed injury or loss. The bill limits such a party to seeking either actual damages or contempt sanctions against the officer; authorizes the court to fine the officer between $10 and $100 with costs, for contempt, after notifying the officer of the motion; clarifies the determination of good faith in relation to an officer's execution or attempted execution of a writ; and specifies that this provision does not create a cause of action against an officer for a writ of execution on a judgment. The bill establishes venue requirements, filing deadlines, and grounds for defense in connection with such a suit. The bill allows a county to pay a judgment against the officer under certain conditions and provides in such a situation that the officer or county has a right of subrogation against the debtor or person against whom the writ was issued. The bill allows an officer who files a return of writ containing an error to file an amended or corrected return, provides that the officer may be subject to contempt for failing to do so, and removes a provision holding the officer and sureties liable for certain costs for filing a false return. In addition, Senate Bill 1269 sets out specific responsibilities and procedures for an officer processing a writ, and adds provisions relating to the liability of an officer's surety and the actions that may be taken against the surety in such a lawsuit involving the officer.