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§ 6.004.School Districts Exempt from Security for Court Costs and Appeal Bond

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 6. Governmental Exemption from Bond and Security Requirements · Last amended 2011 · Last verified August 29, 2026

In one sentenceSection 6.004 lets a school district sue without security for costs and appeal without a supersedeas or cost bond.

Full Text of § 6.004

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A school district may institute and prosecute suits without giving security for cost and may appeal from judgment without giving supersedeas or cost bond.
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Plain-English Summary

One sentence giving school districts the same treatment municipalities receive.

A school district may institute and prosecute suits without giving security for cost and may appeal from judgment without giving supersedeas or cost bond.

The wording is taken directly from the municipal provision, and the coverage is the same: security for costs at the trial level, and both bonds on appeal.

That makes this exemption broader than the water district one, which reaches only the appellate bond.

The supersedeas exemption carries the same consequence here. A district that loses a judgment can appeal with enforcement suspended and nothing posted, so a successful plaintiff waits without security.

Note one asymmetry in the wording. The section covers instituting and prosecuting suits and appealing from judgment; it does not use the municipal section’s broader "in an action, suit, or proceeding" formula for security generally.

The justification is the taxing power, the same rationale the whole chapter runs on. A school district cannot become judgment proof in the way a private litigant can.

The chapter as a whole draws a consistent line. Entities that levy taxes are excused from posting security; the question each section answers is which securities, and the answers are not uniform.

A litigant opposing a governmental entity should therefore check which section applies, because the exemptions differ in scope from one entity to the next.

Frequently Asked Questions

Must a school district post security for costs?

No. It may institute and prosecute suits without giving security for cost.

Can it appeal without a bond?

Yes, without giving supersedeas or cost bond.

Is that the same as the water district exemption?

No. The water district exemption covers only bond on appeal or writ of error.

Amendment History

  • Added by Acts 2011, 82nd Leg., R.S., Ch. 243 (H.B. 942), Sec. 1, eff. September 1, 2011.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source