reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 113.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 113 - Water Supply Contract Claim Against Local District or Authority|Section 113.009. No Third-Party Beneficiaries

Sec. 113.009.  NO THIRD-PARTY BENEFICIARIES.  (a)  This chapter waives sovereign immunity only for the benefit of:(1)  a party to the contract that is the subject of a dispute under Section 113.002; or(2)  the assignee of a party to the contract, if assignment of an interest in the contract is permitted by the terms of the contract.(b)  Except for an assignment described by Subsection (a)(2), a party authorized by this chapter to sue for a cause of action of breach of contract may not transfer or assign that cause of action to any person.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 1, eff. June 14, 2013.Added by Acts 2013, 83rd Leg., R.S., Ch. 1340 (S.B. 958), Sec. 1, eff. June 14, 2013.|
TX Civ Prac & Rem Code § 114.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.001. Definitions

Sec. 114.001.  DEFINITIONS.  In this chapter:(1)  "Adjudication" of a claim means the bringing of a civil suit and prosecution to final judgment in county or state court.(2)  "Contract subject to this chapter" means a written contract stating the essential terms of the agreement for providing goods or services to the state agency that is properly executed on behalf of the state agency. The term does not include a contract that is subject to Section 201.112, Transportation Code.(3)  "State agency" means an agency, department, commission, bureau, board, office, council, court, or other entity that is in any branch of state government and that is created by the constitution or a statute of this state, including a university system or a system of higher education.  The term does not include a county, municipality, court of a county or municipality, special purpose district, or other political subdivision of this state.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.002. Applicability

Sec. 114.002.  APPLICABILITY.  This chapter applies only to a claim for breach of a written contract for engineering, architectural, or construction services or for materials related to engineering, architectural, or construction services brought by a party to the written contract, in which the amount in controversy is not less than $250,000, excluding penalties, costs, expenses, prejudgment interest, and attorney's fees.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.003. Waiver of Immunity to Suit for Certain Claims

Sec. 114.003.  WAIVER OF IMMUNITY TO SUIT FOR CERTAIN CLAIMS.  A state agency that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this chapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of an express provision of the contract, subject to the terms and conditions of this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.004. Limitations on Adjudication Awards

Sec. 114.004.  LIMITATIONS ON ADJUDICATION AWARDS.  (a)  The total amount of money awarded in an adjudication brought against a state agency for breach of an express provision of a contract subject to this chapter is limited to the following:(1)  the balance due and owed by the state agency under the contract as it may have been amended, including any amount owed as compensation for the increased cost to perform the work as a direct result of owner-caused delays or acceleration if the contract expressly provides for that compensation;(2)  the amount owed for written change orders;(3)  reasonable and necessary attorney's fees based on an hourly rate that are equitable and just if the contract expressly provides that recovery of attorney's fees is available to all parties to the contract; and(4)  interest at the rate specified by the contract or, if a rate is not specified, the rate for postjudgment interest under Section 304.003(c), Finance Code, but not to exceed 10 percent.(b)  Damages awarded in an adjudication brought against a state agency arising under a contract subject to this chapter may not include:(1)  consequential damages;(2)  exemplary damages; or(3)  damages for unabsorbed home office overhead.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.005. Contractual Adjudication Procedures Enforceable

Sec. 114.005.  CONTRACTUAL ADJUDICATION PROCEDURES ENFORCEABLE.  Adjudication procedures, including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated in the contract subject to this chapter or that are established by the state agency and expressly incorporated into the contract are enforceable, except to the extent those procedures conflict with the terms of this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.006. No Waiver of Other Defenses

Sec. 114.006.  NO WAIVER OF OTHER DEFENSES.  This chapter does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit based on sovereign immunity.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.007. No Waiver of Immunity to Suit in Federal Court

Sec. 114.007.  NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT.  This chapter does not waive sovereign immunity to suit in federal court.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.008. No Waiver of Immunity to Suit for Tort Liability

Sec. 114.008.  NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY.  This chapter does not waive sovereign immunity to a claim arising from a cause of action for negligence, fraud, tortious interference with a contract, or any other tort.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.009. Employment Contracts Exempt

Sec. 114.009.  EMPLOYMENT CONTRACTS EXEMPT.  This chapter does not apply to an employment contract between a state agency and an employee of that agency.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.010 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.010. Venue

Sec. 114.010.  VENUE.  A suit under this chapter may be brought in a district court in:(1)  a county in which the events or omissions giving rise to the claim occurred; or(2)  a county in which the principal office of the state agency is located.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.011 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.011. Limitation on Remedies

Sec. 114.011.  LIMITATION ON REMEDIES.  Satisfaction and payment of any judgment under this chapter may not be paid from funds appropriated to the state agency from general revenue unless the funds are specifically appropriated for that purpose.  Property of the state or any agency, department, or office of the state is not subject to seizure, attachment, garnishment, or any other creditors' remedy to satisfy a judgment taken under this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.012 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.012. Exclusive Remedy

Sec. 114.012.  EXCLUSIVE REMEDY.  A claim to which this chapter applies may not be brought under Chapter 2260, Government Code, against the state or a unit of state government as defined by Section 2260.001, Government Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 114.013 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 114 - Adjudication of Claims Arising Under Written Contracts With State Agencies|Section 114.013. Report

Sec. 114.013.  REPORT.  Before January 1 of each even-numbered year, each state agency shall report to the governor, the comptroller, and each house of the legislature the cost of defense to the state agency and the office of the attorney general in an adjudication brought against the agency under a contract subject to this chapter.  Included in the report shall be the amount claimed in any adjudication pending on the date of the report.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1260 (H.B. 586), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 116.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 116 - Settlement of Claim or Action Against Governmental Unit|Section 116.001. Definition

Sec. 116.001.  DEFINITION.  In this chapter, "governmental unit" has the meaning assigned by Section 101.001.|Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.|
TX Civ Prac & Rem Code § 116.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 116 - Settlement of Claim or Action Against Governmental Unit|Section 116.002. Certain Settlement Terms Prohibited

Sec. 116.002.  CERTAIN SETTLEMENT TERMS PROHIBITED.  (a)  A governmental unit may not enter into a settlement of a claim or action against the governmental unit in which:(1)  the amount of the settlement is equal to or greater than $30,000;(2)  the money that would be used to pay the settlement is:(A)  derived from taxes collected by a governmental unit;(B)  received from the state; or(C)  insurance proceeds received from an insurance policy for which the premium was paid with taxes collected by a governmental unit or money received from the state; and(3)  a condition of the settlement requires a party seeking affirmative relief against the governmental unit to agree not to disclose any fact, allegation, evidence, or other matter to any other person, including a journalist or other member of the media.(b)  A settlement agreement provision entered into in violation of Subsection (a) is void and unenforceable.|Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.|
TX Civ Prac & Rem Code § 116.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 5 - Governmental Liability|Chapter 116 - Settlement of Claim or Action Against Governmental Unit|Section 116.003. Effect of Chapter

Sec. 116.003.  EFFECT OF CHAPTER.  This chapter does not affect information that is privileged or confidential under other law.|Added by Acts 2017, 85th Leg., R.S., Ch. 688 (H.B. 53), Sec. 1, eff. September 1, 2017.|
TX Civ Prac & Rem Code § 121.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.001. Officers Who May Take Acknowledgments or Proofs

Sec. 121.001.  OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.  (a)  An acknowledgment or proof of a written instrument may be taken in this state by:(1)  a clerk of a district court;(2)  a judge or clerk of a county court;(3)  a notary public;(4)  a county tax assessor-collector or an employee of the county tax assessor-collector if the instrument is required or authorized to be filed in the office of the county tax assessor-collector;  or(5)  an employee of a personal bond office if the acknowledgment or proof of a written instrument is required or authorized by Article 17.04, Code of Criminal Procedure.(b)  An acknowledgment or proof of a written instrument may be taken outside this state, but inside the United States or its territories, by:(1)  a clerk of a court of record having a seal;(2)  a commissioner of deeds appointed under the laws of this state;  or(3)  a notary public.(c)  An acknowledgment or proof of a written instrument may be taken outside the United States or its territories by:(1)  a minister, commissioner, or charge d'affaires of the United States who is a resident of and is accredited in the country where the acknowledgment or proof is taken;(2)  a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who is a resident of the country where the acknowledgment or proof is taken;  or(3)  a notary public or any other official authorized to administer oaths in the jurisdiction where the acknowledgment or proof is taken.(d)  A commissioned officer of the United States Armed Forces or of a United States Armed Forces Auxiliary may take an acknowledgment or proof of a written instrument of a member of the armed forces, a member of an armed forces auxiliary, or a member's spouse.  If an acknowledgment or a proof is taken under this subsection, it is presumed, absent pleading and proof to the contrary, that the commissioned officer who signed was a commissioned officer on the date that the officer signed, and that the acknowledging person was a member of the authorized group of military personnel or spouses.  The failure of the commissioned officer to attach an official seal to the certificate of acknowledgment or proof of an instrument does not invalidate the acknowledgment or proof.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 165, Sec. 18, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 986, Sec. 2, eff. June 15, 2001.|
TX Civ Prac & Rem Code § 121.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.002. Corporate Acknowledgments

Sec. 121.002.  CORPORATE ACKNOWLEDGMENTS.  (a)  An employee of a corporation is not disqualified because of his employment from taking an acknowledgment or proof of a written instrument in which the corporation has an interest.(b)  An officer who is a shareholder in a corporation is not disqualified from taking an acknowledgment or proof of an instrument in which the corporation has an interest unless:(1)  the corporation has 1,000 or fewer shareholders;  and(2)  the officer owns more than one-tenth of one percent of the issued and outstanding stock.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 121.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.003. Authority of Officers

Sec. 121.003.  AUTHORITY OF OFFICERS.  In a proceeding to prove a written instrument, an officer authorized by this chapter to take an acknowledgment or a proof of a written instrument is also authorized to:(1)  administer oaths;(2)  employ and swear interpreters;  and(3)  issue subpoenas.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 121.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.004. Method of Acknowledgment

Sec. 121.004.  METHOD OF ACKNOWLEDGMENT.  (a)  To acknowledge a written instrument for recording, the grantor or person who executed the instrument must appear before an officer and must state that he executed the instrument for the purposes and consideration expressed in it.(b)  The officer shall:(1)  make a certificate of the acknowledgment;(2)  sign the certificate;  and(3)  seal the certificate with the seal of office.(c)  The failure of a notary public to attach an official seal to a certificate of an acknowledgement or proof of a written instrument made outside this state but inside the United States or its territories renders the acknowledgement or proof invalid only if the jurisdiction in which the certificate is made requires the notary public to attach the seal.(d)  The application of an embossed seal is not required on an electronically transmitted certificate of an acknowledgement.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 603, Sec. 1, eff. June 14, 1995;  Acts 2001, 77th Leg., ch. 95, Sec. 1, eff. May 11, 2001.|
TX Civ Prac & Rem Code § 121.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.005. Proof of Identity of Acknowledging Person

Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.  (a)  An officer may not take the acknowledgment of a written instrument unless the officer knows or has satisfactory evidence that the acknowledging person is the person who executed the instrument and is described in it.  An officer may accept, as satisfactory evidence of the identity of an acknowledging person, only:(1)  the oath of a credible witness personally known to the officer;(2)  a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person; or(3)  with respect to a deed or other instrument relating to a residential real estate transaction, a current passport issued by a foreign country.(b)  Except in a short form certificate of acknowledgment authorized by Section 121.008, the officer must note in the certificate of acknowledgment that:(1)  he personally knows the acknowledging person;  or(2)  evidence of a witness or an identification card or other document was used to identify the acknowledging person.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1242 (S.B. 1320), Sec. 2, eff. September 1, 2011.|
TX Civ Prac & Rem Code § 121.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.007. Form for Ordinary Certificate of Acknowledgment

Sec. 121.007.  FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT.  The form of an ordinary certificate of acknowledgment must be substantially as follows:"The State of ____________,"County of ____________,"Before me ____________ (here insert the name and character of the officer) on this day personally appeared ________________, known to me (or proved to me on the oath of ________________ or through __________________ (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.(Seal)  "Given under my hand and seal of office this ________ day of ____________, A.D., ________."|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 121.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 121 - Acknowledgments and Proofs of Written Instruments|Section 121.008. Short Forms for Certificates of Acknowledgment

Sec. 121.008.  SHORT FORMS FOR CERTIFICATES OF ACKNOWLEDGMENT.  (a)  The forms for certificates of acknowledgment provided by this section may be used as alternatives to other authorized forms.  They may be referred to as "statutory forms of acknowledgment."(b)  Short forms for certificates of acknowledgment include:(1)  For a natural person acting in his own right:State of TexasCounty of ____________This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging).(Signature of officer)(Title of officer)My commission expires:  ________(2)  For a natural person as principal acting by attorney-in-fact:State of TexasCounty of ____________This instrument was acknowledged before me on (date) by (name of attorney-in-fact) as attorney-in-fact on behalf of (name of principal).(Signature of officer)(Title of officer)My commission expires:  ________(3)  For a partnership acting by one or more partners, an authorized officer, or an agent:State of TexasCounty of ____________This instrument was acknowledged before me on (date) by (name of acknowledging partner, partners, authorized officer, or agent), (partner(s), authorized officer, or agent) on behalf of (name of partnership), a partnership.(Signature of officer)(Title of officer)My commission expires:  ________(4)  For a corporation:State of TexasCounty of ____________This instrument was acknowledged before me on (date) by (name of officer), (title of officer) of (name of corporation acknowledging) a (state of incorporation) corporation, on behalf of said corporation.(Signature of officer)(Title of officer)My commission expires:  ________(5)  For a public officer, trustee, executor, administrator, guardian, or other representative:State of TexasCounty of ____________This instrument was acknowledged before me on (date) by (name of representative) as (title of representative) of (name of entity or person represented).(Signature of officer)(Title of officer)My commission expires:  ________(6)  For a limited liability company:State of TexasCounty of ____________This instrument was acknowledged before me on (date) by (name of acknowledging member, manager, authorized officer, or agent), a (member, manager, authorized officer, or agent) of (name of limited liability company) on behalf of (name of limited liability company), a limited liability company.(Signature of officer)(Title of officer)My commission expires:  ________|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by: Acts 2019, 86th Leg., R.S., Ch. 32 (H.B. 1159), Sec. 2, eff. September 1, 2019.|