Tex. Civ. Prac. & Rem. Code § 147.085 · Subchapter C. AFFIRMATIVE DEFENSES TO LIABILITY
ADMISSIBILITY OF STATEMENT RELATING TO COMPUTER DATE FAILURE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The following are not admissible to prove liability for computer date failure:
(1) an offer to settle under Section 147.048;
(2) notice required under Section 147.081(a)(1);
(3) except as provided by Subsection (b), evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure; or
(4) except as provided by Subsection (c), a statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure.
(b) Evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure is admissible to the extent it is evidence of a guarantee or warranty of the correction or cure and the claim is for breach of the guarantee or warranty.
(c) A statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure is admissible if:
(1) the statement is false;
(2) the statement is made with knowledge that it is false; and
(3) the claimant relied on the statement to the claimant's detriment.
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 e39cb647e4e7a3e5f11a326c45a74cb584d7889ac7d8de06f9557ee6914c3de7
- 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
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