Rule 149.Execution for Costs

Last verified June 28, 2026

In one sentenceRule 149 lets the clerk or justice issue execution with an itemized bill of costs when adjudged costs go unpaid, with exceptions for estates and a bar on execution before a costs judgment.

Full Text of Rule 149

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When costs have been adjudged against a party and are not paid, the clerk or justice of the court in which the suit was determined may issue execution, accompanied by an itemized bill of costs, against such party to be levied and collected as in other cases; and said officer, on demand of any party to whom any such costs are due, shall issue execution for costs at once. This rule shall not apply to executors, administrators or guardians in cases where costs are adjudged against the estate of a deceased person or of a ward. No execution shall issue in any case for costs until after judgment rendered therefor by the court.

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Plain-English Summary

Rule 149 enforces a costs judgment. When costs have been adjudged against a party and are not paid, the clerk or justice of the court that decided the suit may issue execution, with an itemized bill of costs, to be levied and collected as in other cases — and must do so at once on the demand of a party owed costs.

Two limits apply. The rule does not reach executors, administrators, or guardians where costs are adjudged against a decedent's or ward's estate. And no execution for costs may issue until the court has rendered a judgment for those costs.

Frequently Asked Questions

How are adjudged court costs enforced in Texas?

Under Rule 149, by execution with an itemized bill of costs once a judgment for costs is rendered — except against estates handled by executors, administrators, or guardians.

Can execution for costs issue before judgment in Texas?

No. Rule 149 bars execution for costs until the court has rendered judgment for those costs.

Must the clerk act right away once a party demands execution for costs?

Yes. Rule 149 requires the officer to issue execution at once on demand of any party owed costs.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 149), 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: execution for costsitemized bill of costsenforcing a costs judgmentestate exception to executionTRCP 149