Rule 35.On Official Bonds

Last amended December 13, 1943 · Last verified June 28, 2026

In one sentenceRule 35 lets the State or a local government join the sureties on every official bond of an officer or depository that served more than one term, when it is hard to tell which term's default occurred.

Full Text of Rule 35

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In suits brought by the State or any county, city, independent school district, irrigation district, or other political subdivision of the State, against any officer who has held an office for more than one term, or against any depository which has been such depository for more than one term, or has given more than one official bond, the sureties on each and all such bonds may be joined as defendants in the same suit whenever it is difficult to determine when the default sued for occurred and which set of sureties on such bonds is liable therefor.

End

Plain-English Summary

Rule 35 solves a which-bond problem. When the State, a county, a city, a school district, an irrigation district, or another political subdivision sues an officer who held office for more than one term — or a depository with more than one bond — the sureties on all of those bonds may be joined as defendants in the same suit. The rule applies when it is difficult to tell when the default occurred and which set of sureties is liable for it.

Frequently Asked Questions

Why would you join sureties on several official bonds?

Because, under Rule 35, when an officer or depository served more than one term it can be hard to tell which term's bond covers the loss. Joining all the sureties lets the court decide who is liable.

Which governmental bodies can invoke Rule 35?

The State, a county, a city, an independent school district, an irrigation district, or another political subdivision suing an officer or depository on more than one official bond.

Does Rule 35 cover a depository as well as an individual officer?

Yes. Rule 35 reaches a depository that served more than one term, or that gave more than one official bond, the same as it reaches an officer who held office for more than one term.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 35), 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: on official bondsofficial bondssuretiespolitical subdivisionTRCP 35