Tex. Occ. Code § 1201.602 · Subchapter M. ENFORCEMENT PROVISIONS AND PENALTIES
ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:
(1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and
(2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355.
(b) The abatement continues until the earlier of:
(1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or
(2) the expiration of a period not to exceed 150 days.
(c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to:
(1) comply with a written or implied warranty; or
(2) perform warranty service.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1201.htm
- Text hash
- sha256 70fc6c7e68e32065f7f5269fd505355b983d6cda7902110497b82627679493c4
- 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.