Tex. R. Civ. P. 616

In determining whether the property levied upon is perishable, and the necessity or advantage of

ordering a sale thereof, the judge or justice of the peace may act upon affidavits in writing or oral

testimony, and may by a preliminary order entered of reco rd with or without notice to the parties

as the urgency of the case in his opinion requires, direct the sheriff or constable to sell such

property at public auction for cash, and thereupon the sheriff or constable shall sell it accordingly.

If the application for an order of sale be filed by any person or party other than the defendant from

whose possession the property was taken by levy, the court shall not grant such order, unless the

applicant shall file with such court a bond payable to such defendant, with two or more good and

sufficient sureties, to be approved by said court, conditioned that they will be responsible to the

defendant for such damages as he may sustain in case such sale be illegally and unjustly applied

for, or be illegally and unjustly made.