Tex. Ins. Code § 541.255 · Subchapter F. CLASS ACTIONS BY ATTORNEY GENERAL OR PRIVATE INDIVIDUAL
PRIOR NOTICE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Not later than the 31st day before the date a class action for damages is commenced under this subchapter, the prospective plaintiff must:
(1) notify the intended defendant of the complaint; and
(2) demand that the defendant provide relief to the prospective plaintiff and others similarly situated.
(b) The notice must be in writing and be sent by certified or registered mail, return receipt requested, to:
(1) the place where the transaction occurred;
(2) the intended defendant's principal place of business in this state; or
(3) if notice to the place described by Subdivision (1) or (2) does not effect notice, the office of the secretary of state.
(c) A copy of the notice must also be sent to the commissioner.
(d) A class action for injunctive relief may be commenced under this subchapter without complying with Subsection (a).
(e) A plaintiff in a class action for injunctive relief under this subchapter may, on or after the 31st day after the date the action is commenced and after complying with Subsection (a), amend the complaint without leave of court to include a request for damages.
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 32f75859a06ad3b3c426dce7828961288797e434e4e51c4b6844b6abcfc5cebc
- 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 1 provision
Provisions in this library whose text cites Tex. Ins. Code § 541.255. Each shows the citation as that text prints it.
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.