Tex. Ins. Code § 541.155 · Subchapter D. PRIVATE ACTION FOR DAMAGES
ABATEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person against whom an action under this subchapter is pending who does not receive the notice as required by Section 541.154 may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the action is pending.
(b) The court shall abate the action if, after a hearing, the court finds that the person is entitled to an abatement because the claimant did not provide the notice as required by Section 541.154.
(c) An action is automatically abated without a court order beginning on the 11th day after the date a plea in abatement is filed if the plea:
(1) is verified and alleges that the person against whom the action is pending did not receive the notice as required by Section 541.154; and
(2) is not controverted by an affidavit filed by the claimant before the 11th day after the date the plea in abatement is filed.
(d) An abatement under this section continues until the 60th day after the date notice is provided in compliance with Section 541.154.
(e) This section does not apply if Section 541.154(c) applies.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.541.htm
- Text hash
- sha256 83b49c159368035a01787dfb9068e8a337f96f1b69328955ed760b69febd6f07
- 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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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.