Tex. Civ. Prac. & Rem. Code § 147.044 · Subchapter B. PREREQUISITES TO BRINGING ACTION
NOTICE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A claimant may not commence an action unless the claimant gave notice to the defendant before the 60th day preceding the date the action commences.
(b) If the 60-day notice requirement under Subsection (a) would prevent commencing the action before the expiration of the period of limitation or repose, the claimant must give notice to the defendant before the 31st day after the date the action commences.
(c) If the action is a counterclaim, cross-claim, or third-party action, the claimant must give notice to the defendant before the 31st day after the date of service on the defendant.
(d) The notice must:
(1) be in writing;
(2) identify the claimant;
(3) describe in reasonable detail the computer date failure and the harm caused by the failure; and
(4) include a specific statement of the amount of the damages claimed or the remedy sought.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.147.htm
- Text hash
- sha256 ccf3be44a9588477caa6bc10b604b4182ff9a906625cbb717885415d82792cdd
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 147.044. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 147.045NOTICE STAYS PROCEEDINGS.Printed as Section 147.044
- Tex. Civ. Prac. & Rem. Code § 147.046FAILURE TO GIVE NOTICE.Printed as Section 147.044
- Tex. Civ. Prac. & Rem. Code § 147.047INSPECTION.Printed as Section 147.044
- Tex. Civ. Prac. & Rem. Code § 147.048OFFER TO SETTLE.Printed as Section 147.044
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.