Texas Government Code 492.010 – Suits by Board
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(a) The board may sue for the collection and enforcement of demands and debts owed to the department. The venue of a suit authorized by this section is in Travis County. The attorney general shall represent the board.
(b) In a suit brought against the board or a member of the board for acts made in an official capacity other than a suit brought by the state, the board or a member of the board may not be required to supply any form of security, including:
(1) a bond for costs;
(2) an appeal bond;
(3) a supersedeas bond; and
(4) a writ of error bond.
Terms Used In Texas Government Code 492.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) This section does not authorize a civil suit against the board or a member of the board, but does not prohibit a claim that is an offset or counterclaim to an action originally brought by the board.
(d) The executive director is the only person authorized to receive service on behalf of the board, department, or any division of the department.