(a) Except as provided by § 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court of this state if the officer in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedure.

Terms Used In Texas Civil Practice and Remedies Code 7.003

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(b) An officer shall execute a writ issued by a court of this state without requiring that bond be posted for the indemnification of the officer.
(c) An officer shows that the officer acted in good faith when the officer shows that a reasonably prudent officer, under the same or similar circumstances, could have believed that the officer’s conduct was justified based on the information the officer possessed when the conduct occurred.

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