(a) An officer has the rights of a surety provided by Section 43.004 if the officer is compelled to pay a judgment in whole or part because of the officer’s default.
(b) An officer does not have the rights of a surety provided by Section 43.004 if the officer:
(1) does not pay over money collected; or
(2) wastes property that is levied on by the officer or is in the officer’s possession.