§ 1205.101 — SECURITY AGAINST SUIT.

Texas § 1205.101

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 1205.101. SECURITY AGAINST SUIT. (a) Before the entry of final judgment in an action under this chapter, the issuer may file a motion with the court for an order that any opposing party or intervenor, other than the attorney general, be dismissed unless that person posts a bond with sufficient surety, approved by the court, and payable to the issuer for any damage or cost that may occur because of the delay caused by the continued participation of the opposing party or intervenor in the action if the issuer finally prevails and obtains substantially the judgment requested in its petition.
(b) On receipt of a motion under Subsection (a), the court shall issue an order directed to the opposing party or intervenor, with a copy of the motion, to be served on the opposing party, the intervenor, or the party's attorney, personally or by registered mail, requiring the opposing party or intervenor to:
(1) appear at the time and place directed by the court, not sooner than five nor later than 10 days after the date the order is entered; and
(2) show cause why the motion should not be granted.
(c) The court may direct that motions relating to more than one party or intervenor be heard together.

Legislative History

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.