Texas § CP.43.004 - SUBROGATION RIGHTS OF SURETY
Full text of Texas The Texas Constitution § CP.43.004 — SUBROGATION RIGHTS OF SURETY, with citation guidance and answers to common questions.
§ CP.43.004. SUBROGATION RIGHTS OF SURETY
SUBROGATION RIGHTS OF SURETY. (a) A judgment is not discharged by a surety's payment of the judgment in whole or part if the payment: (1) is compelled; or (2) if made voluntarily, is applied to the judgment because of the suretyship relationship. (b) A surety who pays on a judgment as described by Subsection (a) is subrogated to all of the judgment creditor's rights under the judgment. A subrogated surety is entitled to execution on the judgment against: (1) the principal's property for the amount of the surety's payment, plus interest and costs; and (2) if there is more than one surety, both the principal's property and the property of the cosurety or cosureties for the amount by which the surety's payment exceeds the surety's proportionate share of the judgment, plus interest and costs. (c) A subrogated surety seeking execution on the judgment under Subsection (b) shall apply for execution to the clerk or court. The execution shall be levied, collected, and returned as in other cases. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278 ), Sec. 2.11, eff. April 1, 2009.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § CP.43.004
What does The Texas Constitution § CP.43.004 cover?
Section CP.43.004 ("SUBROGATION RIGHTS OF SURETY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § CP.43.004?
A common citation format is "The Texas Constitution § CP.43.004" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § CP.43.004 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.