§ 34.076.Exclusive Remedy
Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 34. Execution on Judgments · Subchapter D. Duties and Liabilities of Executing Officer · Last amended 2007 · Last verified August 29, 2026
Full Text of § 34.076
Plain-English Summary
One sentence closing the subchapter, and it closes off everything outside it.
This subchapter is the exclusive remedy for violations of an officer’s duties with regard to the execution and return of writs without regard to the source of the duty prescribed by law.
"Without regard to the source of the duty" is the phrase that does the work. The duty may come from this chapter, from the rules of civil procedure, from another statute, or from the common law — and the remedy is still here.
Without that clause the subchapter would be easy to bypass. A claimant could point to a duty in the rules and argue that a common law action lay for breaching it, avoiding the elements, the one-year period and the venue this subchapter imposes.
Read with the rest of the subchapter, the effect is a complete and closed scheme. The liability provisions state what is actionable, the burden provisions state what must be proved, the procedure provision fixes venue and limitations, and this forecloses anything outside them.
The scope is defined by subject: "the execution and return of writs". Conduct outside that — an officer’s acts unrelated to writs — is not governed here.
The wrongful levy provision is the natural companion, which channels a non-party’s claim into trial of right of property. Together they leave an officer facing writ-related claims through two defined routes and no others.
The consistent theme across the subchapter is that officers act under compulsion. An officer receives a writ and must execute it, cannot demand indemnity, and has no duty to investigate ownership or exemptions.
A defined and exclusive liability regime is the counterpart of that position, and it is what allows officers to act on writs at all.
Frequently Asked Questions
Can an officer be sued outside this subchapter?
Not for violations of duties regarding the execution and return of writs. This subchapter is the exclusive remedy.
Does it matter where the duty comes from?
No. The exclusivity applies without regard to the source of the duty prescribed by law.
What about a non-party whose goods were seized?
That claim goes to trial of right of property under the wrongful levy provision.
Amendment History
- Added by Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 5, eff. September 1, 2007.