Sec. 43.005.  OFFICER TREATED AS SURETY.  (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.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.