RulesofCivilProcedure.com Civil Procedure · Every State

Rule 129.How Costs Collected

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 129 lets the clerk or justice, when a party fails to pay costs within ten days of demand, issue a certified bill of costs that carries the force of an execution.

Full Text of Rule 129

Text size

If any party responsible for costs fails or refuses to pay the same within ten days after demand for payment, the clerk or justice of the peace may make certified copy of the bill of costs then due, and place the same in the hands of the sheriff or constable for collection. All taxes imposed on law proceedings shall be included in the bill of costs. Such certified bill of costs shall have the force and effect of an execution. The removal of a case by appeal shall not prevent the issuance of an execution for costs.
End

Plain-English Summary

Rule 129 turns unpaid costs into a collectible instrument. If a party responsible for costs does not pay within ten days after demand, the clerk or justice of the peace may make a certified copy of the bill of costs then due and give it to the sheriff or constable to collect. That certified bill has the force and effect of an execution, and even an appeal does not stop it from issuing.

Frequently Asked Questions

How are unpaid court costs collected in Texas?

Under Rule 129, after ten days from demand the clerk may issue a certified bill of costs to the sheriff, which has the force of an execution.

Does an appeal stop collection of a certified bill of costs under Rule 129?

No. Rule 129 states that removing a case by appeal does not prevent an execution for costs from issuing.

Are taxes on the proceeding included in the bill of costs under Rule 129?

Yes. Rule 129 folds all taxes imposed on the law proceedings into the bill of costs along with the other charges due.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 129), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source
Also known as: how costs collectedbill of costsexecutionTRCP 129