§ 104.006.Security or Bond

One sentence matching the local government chapter’s equivalent.

In a cause of action defended by the attorney general under this chapter, the attorney general or the individual or estate represented may not be required to advance security for cost or to give bond on appeal or on review by writ of error.

The state’s own exemption exists elsewhere — the bond exemption chapter excuses the state and its departments from cost and appeal bonds.

What this adds is the individual. An employee or an estate being defended gets the same exemption, which they would not have on their own.

The reason is that the state carries the financial interest. It is paying for the defence and will pay the damages within the caps, so security from the individual would protect nobody.

It also removes a way the protection could fail in practice. A defendant unable to post an appeal bond loses the appeal for want of money, and the mandatory duty to defend would be worth less than it appears.

Both stages are covered: security for cost at trial, and bond on appeal or on review by writ of error.

Naming the writ of error separately matters, since that route carries a six-month window and is the one a defaulted defendant uses.

The exemption is conditional on the attorney general defending, so a person who lost the protection by missing the ten-day notice deadline is outside it.