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Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-52-security-for-judgments-pending-appeal
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE D. APPEALS
CHAPTER 52. SECURITY FOR JUDGMENTS PENDING APPEAL
Sec. 52.001. DEFINITION. In this chapter, "security" means a
bond or deposit posted, as provided by the Texas Rules of
Appellate Procedure, by a judgment debtor to suspend execution of
the judgment during appeal of the judgment.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.005. CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.
(a) To the extent that this chapter conflicts with the Texas
Rules of Appellate Procedure, this chapter controls.
(b) Notwithstanding Section 22.004, Government Code, the supreme
court may not adopt rules in conflict with this chapter.
(c) The Texas Rules of Appellate Procedure apply to any
proceeding, cause of action, or claim to which Section 52.002
does not apply.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.006. AMOUNT OF SECURITY FOR MONEY JUDGMENT. (a)
Subject to Subsection (b), when a judgment is for money, the
amount of security must equal the sum of:
(1) the amount of compensatory damages awarded in the judgment;
(2) interest for the estimated duration of the appeal; and
(3) costs awarded in the judgment.
(b) Notwithstanding any other law or rule of court, when a
judgment is for money, the amount of security must not exceed the
lesser of:
(1) 50 percent of the judgment debtor's net worth; or
(2) $25 million.
(c) On a showing by the judgment debtor that the judgment debtor
is likely to suffer substantial economic harm if required to post
security in an amount required under Subsection (a) or (b), the
trial court shall lower the amount of the security to an amount
that will not cause the judgment debtor substantial economic
harm.
(d) An appellate court may review the amount of security as
allowed under Rule 24, Texas Rules of Appellate Procedure, except
that when a judgment is for money, the appellate court may not
modify the amount of security to exceed the amount allowed under
this section.
(e) Nothing in this section prevents a trial court from
enjoining the judgment debtor from dissipating or transferring
assets to avoid satisfaction of the judgment, but the trial court
may not make any order that interferes with the judgment debtor's
use, transfer, conveyance, or dissipation of assets in the normal
course of business.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 7.02, eff. Sept. 1,
2003.
State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-52-security-for-judgments-pending-appeal
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE D. APPEALS
CHAPTER 52. SECURITY FOR JUDGMENTS PENDING APPEAL
Sec. 52.001. DEFINITION. In this chapter, "security" means a
bond or deposit posted, as provided by the Texas Rules of
Appellate Procedure, by a judgment debtor to suspend execution of
the judgment during appeal of the judgment.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.005. CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.
(a) To the extent that this chapter conflicts with the Texas
Rules of Appellate Procedure, this chapter controls.
(b) Notwithstanding Section 22.004, Government Code, the supreme
court may not adopt rules in conflict with this chapter.
(c) The Texas Rules of Appellate Procedure apply to any
proceeding, cause of action, or claim to which Section 52.002
does not apply.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.006. AMOUNT OF SECURITY FOR MONEY JUDGMENT. (a)
Subject to Subsection (b), when a judgment is for money, the
amount of security must equal the sum of:
(1) the amount of compensatory damages awarded in the judgment;
(2) interest for the estimated duration of the appeal; and
(3) costs awarded in the judgment.
(b) Notwithstanding any other law or rule of court, when a
judgment is for money, the amount of security must not exceed the
lesser of:
(1) 50 percent of the judgment debtor's net worth; or
(2) $25 million.
(c) On a showing by the judgment debtor that the judgment debtor
is likely to suffer substantial economic harm if required to post
security in an amount required under Subsection (a) or (b), the
trial court shall lower the amount of the security to an amount
that will not cause the judgment debtor substantial economic
harm.
(d) An appellate court may review the amount of security as
allowed under Rule 24, Texas Rules of Appellate Procedure, except
that when a judgment is for money, the appellate court may not
modify the amount of security to exceed the amount allowed under
this section.
(e) Nothing in this section prevents a trial court from
enjoining the judgment debtor from dissipating or transferring
assets to avoid satisfaction of the judgment, but the trial court
may not make any order that interferes with the judgment debtor's
use, transfer, conveyance, or dissipation of assets in the normal
course of business.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 7.02, eff. Sept. 1,
2003.
State Codes and Statutes
Statutes >
Texas >
Civil-practice-and-remedies-code >
Title-2-trial-judgment-and-appeal >
Chapter-52-security-for-judgments-pending-appeal CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE D. APPEALS
CHAPTER 52. SECURITY FOR JUDGMENTS PENDING APPEAL
Sec. 52.001. DEFINITION. In this chapter, "security" means a
bond or deposit posted, as provided by the Texas Rules of
Appellate Procedure, by a judgment debtor to suspend execution of
the judgment during appeal of the judgment.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.005. CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.
(a) To the extent that this chapter conflicts with the Texas
Rules of Appellate Procedure, this chapter controls.
(b) Notwithstanding Section 22.004, Government Code, the supreme
court may not adopt rules in conflict with this chapter.
(c) The Texas Rules of Appellate Procedure apply to any
proceeding, cause of action, or claim to which Section 52.002
does not apply.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.006. AMOUNT OF SECURITY FOR MONEY JUDGMENT. (a)
Subject to Subsection (b), when a judgment is for money, the
amount of security must equal the sum of:
(1) the amount of compensatory damages awarded in the judgment;
(2) interest for the estimated duration of the appeal; and
(3) costs awarded in the judgment.
(b) Notwithstanding any other law or rule of court, when a
judgment is for money, the amount of security must not exceed the
lesser of:
(1) 50 percent of the judgment debtor's net worth; or
(2) $25 million.
(c) On a showing by the judgment debtor that the judgment debtor
is likely to suffer substantial economic harm if required to post
security in an amount required under Subsection (a) or (b), the
trial court shall lower the amount of the security to an amount
that will not cause the judgment debtor substantial economic
harm.
(d) An appellate court may review the amount of security as
allowed under Rule 24, Texas Rules of Appellate Procedure, except
that when a judgment is for money, the appellate court may not
modify the amount of security to exceed the amount allowed under
this section.
(e) Nothing in this section prevents a trial court from
enjoining the judgment debtor from dissipating or transferring
assets to avoid satisfaction of the judgment, but the trial court
may not make any order that interferes with the judgment debtor's
use, transfer, conveyance, or dissipation of assets in the normal
course of business.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 7.02, eff. Sept. 1,
2003.
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