§ 52.005.Conflict with Texas Rules of Appellate Procedure

A priority rule, and reading it today requires knowing what happened to the section it refers to.

To the extent that this chapter conflicts with the Texas Rules of Appellate Procedure, this chapter controls.

The provision addresses a division of authority. One body of law comes from the court that makes the rules of appellate procedure and the other from the Legislature, and where both speak to the security required to suspend a judgment, this says which prevails.

The conflict is real and not hypothetical. The appellate rules set out how security is determined; this chapter caps it at the lesser of half the debtor’s net worth or $25 million, and requires reduction where the debtor would suffer substantial economic harm.

The chapter also says so expressly elsewhere, in the words "notwithstanding any other law or rule of court" that open the cap.

Subsection (c) is where care is needed: the Texas Rules of Appellate Procedure apply to any proceeding, cause of action, or claim to which Section 52.002 does not apply.

Section 52.002 no longer exists in the code. It was repealed, and the cross-reference here was left behind — so the subsection points at a provision a reader cannot find.

The sensible reading is the one the chapter’s structure supports. The rules govern except where this chapter speaks, which is what the first subsection says directly.

Subsection (b) was repealed in 2025, leaving the section in its present two-part form.

The practical upshot for anyone posting security is short. Look to this chapter for the amount, and to the rules for everything else.