Texas § 43.002 SUIT ON ACCRUED RIGHT OF ACTION.

Texas Statutes

§ 43.002 — SUIT ON ACCRUED RIGHT OF ACTION.

Texas § 43.002

Code CPCivil Practice and Remedies Code

This text of Texas § 43.002 (SUIT ON ACCRUED RIGHT OF ACTION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Civil Practice and Remedies Code Code Ann. § 43.002 (2026).

Text

Sec. 43.002. SUIT ON ACCRUED RIGHT OF ACTION.

(a)When a right of action accrues on a contract for the payment of money or performance of an act, a surety on the contract may, by written notice, require the obligee to without delay bring a suit on the contract.

(b)A surety who provides notice to an obligee under Subsection (a) is discharged from all liability on the contract if the obligee:

(1)is not under a legal disability; and

(2)does not:

(A)bring a suit on the contract during:

(i)the first term of court after receipt of the notice; or

(ii)the second term of court if good cause is shown for the delay; or

(B)prosecute the suit to judgment and execution.

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Sec. 43.002. SUIT ON ACCRUED RIGHT OF ACTION. (a) When a right of action accrues on a contract for the payment of money or performance of an act, a surety on the contract may, by written notice, require the obligee to without delay bring a suit on the contract.
(b) A surety who provides notice to an obligee under Subsection (a) is discharged from all liability on the contract if the obligee:
(1) is not under a legal disability; and
(2) does not:
(A) bring a suit on the contract during:
(i) the first term of court after receipt of the notice; or
(ii) the second term of court if good cause is shown for the delay; or
(B) prosecute the suit to judgment and execution.