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Rule 354. Cost Bond


The appellant shall execute a bond to be approved by the clerk, payable to the appellee in a sum at least double the probable amount of the costs of the court below, the Court of Civil Appeals, and the Supreme Court, to be fixed by the clerk, conditioned that such appellant shall prosecute his appeal or writ of error with effect, and shall pay all the costs which have accrued in the court below, and which may accrue in the Court of Civil Appeals and the Supreme Court.

Source: Art. 2265, with minor textual change.

Note: Exemptions From Cost Bond. - By statutes which are considered outside the scope of the Rule Making Power the following parties are not required to execute a cost bond when appealing in their official capacity:

The State of Texas

Any State Department or the head thereof, and specifically the Banking Commissioner and State Banking Board and the Railroad Commission

Any County of Texas

Any Water Improvement District, Water Control and Improvement District, Water Control and Preservation District, Levee Improvement District, or Drainage District

Any Incorporated City

The Federal Housing Administration, Home Owners Loan Corporation, any National Mortgage Association, National Mortgage Savings and Loan Insurance Corp.

See Arts. 1174; 2276; and Acts 1927, 40th Leg., p. 203, ch. 135, appearing in Vernon's Statutes as Art. 2072a; Acts 1932, 42nd Leg., 3rd C. S., p. 54, ch. 23, appearing in Vernon's Statutes as Art. 7880-126a; Acts 1933, 43rd Leg., p. 131, ch. 62, appearing in Vernon's Statutes as Art. 2276a; and Acts 1935, 44th Leg., p. 670, ch. 283, appearing in Vernon's Statutes as Art. 279a.

Oct. 29, 1940, eff. Sept. 1, 1941.


Sept. 20, 1941, eff. Dec. 31, 1941

Oct. 10, 1945,eff. Feb. 1, 1946

Aug. 18, 1947, eff. Dec. 31, 1947

March 19, 1957, eff. Sept. 1, 1957

April 12, 1962, eff. Sept. 1, 1962

July 22, 1975, eff. Jan. 1, 1976

June 10, 1980, eff. Jan. 1, 1981

Dec. 5, 1983, eff. April 1, 1984

Repealed by order of April 10, 1986, eff. Sept. 1, 1986