reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 147.047 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter B. Prerequisites to Bringing Action|Section 147.047. Inspection

Sec. 147.047.  INSPECTION.  (a)  A person receiving notice under Section 147.044 may inspect a computer product or computer service product that is subject to the claimant's control to assess the nature, scope, and consequences of the computer date failure.(b)  The inspection must be conducted in a reasonable manner and at a reasonable time and place.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.048 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter B. Prerequisites to Bringing Action|Section 147.048. Offer to Settle

Sec. 147.048.  OFFER TO SETTLE.  (a)  A defendant receiving notice under Section 147.044 may offer to settle the claim.  The offer may include an offer to cure or correct the computer date failure.(b)  The offer must be accepted by the claimant not later than the 30th day after the date the offer is made or the offer is rejected.(c)  A defendant may file a rejected offer to settle with the court with an affidavit certifying its rejection.(d)  If the court finds that the amount tendered in a rejected offer to settle filed with the court is the same as, substantially the same as, or more than the damages found by the trier of fact, the claimant may not recover any amount in excess of the lesser of:(1)  the amount of damages tendered in the settlement offer;  or(2)  the amount of damages found by the trier of fact.(e)  Subsection (d) does not apply if the court finds that the defendant making the offer:(1)  could not perform the offer when the offer was made;  or(2)  substantially misrepresented the value of the offer.(f)  In this section, the term "damages" does not include attorney's fees or litigation expenses.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.081 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter C. Affirmative Defenses to Liability|Section 147.081. Affirmative Defense: Notice to Cure or Correct

Sec. 147.081.  AFFIRMATIVE DEFENSE:  NOTICE TO CURE OR CORRECT.  (a)  It is an affirmative defense to liability in an action if:(1)  the claimant was notified in the manner provided by Section 147.082 that the computer product or computer service product may manifest computer date failure;(2)  the claimant was offered a cure or correction for the computer date failure;  and(3)  the offered cure or correction would have avoided the harm to the claimant caused by the computer date failure.(b)  In addition to the requirement of Subsection (a), to establish the affirmative defense provided by this section:(1)  if the claimant's action involves a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable charges for the delivery and installation of the product or items needed to cure or correct the computer date failure;  or(2)  if the claimant's action involves a computer product or computer service product that is not a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable and necessary costs to develop, produce, deliver, and install the product or items needed to cure or correct the computer date failure.(c)  If the cure or correction described by Subsection (a) is designed to cure or correct a computer date failure for only a limited period of time, that cure or correction does not entitle a person to a defense to liability for harm caused by the computer date failure after the period of time expires.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.082 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter C. Affirmative Defenses to Liability|Section 147.082. Notice

Sec. 147.082.  NOTICE.  (a)  Notice under Section 147.081 must:(1)  identify the computer product or computer service product that manifests or may manifest a computer date failure;(2)  explain how a cure or correction to the computer product or computer service product may be obtained;(3)(A) in the case of a recent consumer product, state that there is no additional charge for the cure or correction and state the amount that will be charged, if any, for delivering and installing the cure or correction, as authorized by Section 147.081(b)(1);  or(B)  in the case of a product or service that is not a recent consumer product, state the amount that will be charged, if any, for the cure or correction, as authorized by Section 147.081(b)(2);  and(4)  inform the recipient that the solution is offered to avoid harm to the recipient and that offering the cure or correction could affect the recipient's right to recover damages.(b)  Notice under Section 147.081 must be received by the claimant before the beginning of the longer of the following periods:(1)  the 90th day before the date the claimant suffers harm from the computer date failure;  or(2)  the time needed to order, deliver, and install the correction to the product or service before the claimant suffers harm from the computer date failure.(c)  The defendant may satisfy the notice requirement under Section 147.081 by showing that:(1)  the defendant delivered notice within the period provided by this section;  or(2)  the claimant actually received notice within the period provided by this section.(d)  There is a rebuttable presumption that notice has been delivered to a claimant if the Year 2000 Project Office website or toll-free telephone number established under Section 147.083(e) provides access to information from which a person may obtain the information required by this section relating to a cure or correction for the computer date failure.  The presumption may be rebutted by credible evidence that the claimant did not receive notice.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.083 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter C. Affirmative Defenses to Liability|Section 147.083. Notice on Year 2000 Project Office Website

Sec. 147.083.  NOTICE ON YEAR 2000 PROJECT OFFICE WEBSITE.  (a)  A person who provides information to the Year 2000 Project Office website to satisfy the requirements of Section 147.082 is responsible for the accuracy of the person's information posted on the website.(b)  A person is not subject to the jurisdiction of the courts of this state solely on the basis that the person has provided information for posting on the Year 2000 Project Office website.(c)  The state is not liable for any damages arising from its Year 2000-related activities conducted by the Department of Information Resources, including:(1)  operation of the Year 2000 Project Office website;(2)  reliance on the accuracy of the information on the Year 2000 Project Office website;  or(3)  operation and management of the toll-free telephone number established in accordance with Subsection (e).(d)  The Department of Information Resources in its Year 2000 Project Office website shall provide for the posting of information and the creating of links to other websites to facilitate the posting of notice.(e)  The Department of Information Resources shall establish a toll-free telephone number for persons who are unable to access the Internet to provide to those persons information relating to a cure or correction for computer date failure posted on or linked to the Year 2000 Project Office website.  The Department of Information Resources may establish the toll-free telephone number either in cooperation with the General Services Commission or by contracting with a private vendor.(f)  Any contracts for goods or services between the Department of Information Resources and private vendors that may be necessary or appropriate to the fulfillment of the requirements of this section are exempt from the requirements of Subtitle D, Title 10, Government Code.  If the Department of Information Resources elects to contract with one or more private vendors, the vendors have no greater liability to third parties for their actions than the state would have had if it had provided the goods and services directly.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.084 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter C. Affirmative Defenses to Liability|Section 147.084. Affirmative Defense: Reliance

Sec. 147.084.  AFFIRMATIVE DEFENSE:  RELIANCE.  (a)  In an action for fraud, misrepresentation, disparagement, libel, or other similar action based on the alleged falsity or misleading character of a computer date statement or an express warranty, it is an affirmative defense to liability that:(1)  the defendant reasonably relied on the computer date statement or express warranty of an independent, upstream manufacturer or seller of the computer product or computer service product that the computer product or computer service product would not manifest computer date failure;(2)  the statement was false or misleading;  and(3)  the defendant did not have actual knowledge that the statement or warranty was false or misleading.(b)  In this section, "computer date statement" means a material statement about a computer product or computer service product regarding the present or future ability of a computer product in relation to avoiding computer date failure, including a statement that a computer product or computer service product:(1)  is "Year 2000 Compliant" or a similar representation;  or(2)  complies with a computer date standard established by a state or federal regulatory agency or by a national or international standards organization.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.085 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter C. Affirmative Defenses to Liability|Section 147.085. Admissibility of Statement Relating to Computer Date Failure

Sec. 147.085.  ADMISSIBILITY OF STATEMENT RELATING TO COMPUTER DATE FAILURE.  (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.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.121 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter D. Damages|Section 147.121. Damage Limitations Apply Only if Defendant Shows Good Faith Effort to Cure or Correct

Sec. 147.121.  DAMAGE LIMITATIONS APPLY ONLY IF DEFENDANT SHOWS GOOD FAITH EFFORT TO CURE OR CORRECT.  The limitations on the recovery of damages established by Section 147.122 apply to a claimant only if the defendant can show a good faith effort to cure, correct, avoid, or mitigate the claimant's possible computer date failure problem.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.122 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter D. Damages|Section 147.122. Damages Not Recoverable

Sec. 147.122.  DAMAGES NOT RECOVERABLE.  (a)  Subject to Section 147.121, a claimant may not recover the following damages in an action:(1)  damages for mental anguish, loss of consortium, or loss of companionship;(2)  exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice;(3)  additional damages under Section 17.50(b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice;  or(4)  consequential damages, unless they were reasonably foreseeable.(b)  In this section:(1)  "Fraud" means fraud other than constructive fraud.(2)  "Malice" means a specific intent by the defendant to cause substantial injury to the claimant.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 147.123 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 6 - Miscellaneous Provisions|Chapter 147 - Year 2000 Computer Date Failure|Subchapter D. Damages|Section 147.123. Mitigation of Damages

Sec. 147.123.  MITIGATION OF DAMAGES.  (a)  In an action to which Chapter 33 applies, the court shall instruct the finder of fact regarding the determination of responsibility pursuant to Section 33.003 using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.(b)  In all actions not governed by Subsection (a), the court shall instruct the finder of fact regarding a claimant's duty to mitigate or avoid damages in a manner appropriate to the action using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.|Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.|
TX Civ Prac & Rem Code § 154.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter A. General Provisions|Section 154.001. Definitions

Sec. 154.001.  DEFINITIONS.  In this chapter:(1)  "Court" includes an appellate court, district court, constitutional county court, statutory county court, family law court, probate court, municipal court, or justice of the peace court.(2)  "Dispute resolution organization" means a private profit or nonprofit corporation, political subdivision, or public corporation, or a combination of these, that offers alternative dispute resolution services to the public.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter A. General Provisions|Section 154.002. Policy

Sec. 154.002.  POLICY.  It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of issues involving conservatorship, possession, and support of children, and the early settlement of pending litigation through voluntary settlement procedures.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter A. General Provisions|Section 154.003. Responsibility of Courts and Court Administrators

Sec. 154.003.  RESPONSIBILITY OF COURTS AND COURT ADMINISTRATORS.  It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy under Section 154.002.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.021 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.021. Referral of Pending Disputes for Alternative Dispute Resolution Procedure

Sec. 154.021.  REFERRAL OF PENDING DISPUTES FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURE.  (a)  A court may, on its own motion or the motion of a party, refer a pending dispute for resolution by an alternative dispute resolution procedure including:(1)  an alternative dispute resolution system established under Chapter 26, Acts of the 68th Legislature, Regular Session, 1983 (Article 2372aa, Vernon's Texas Civil Statutes);(2)  a dispute resolution organization;  or(3)  a nonjudicial and informally conducted forum for the voluntary settlement of citizens' disputes through the intervention of an impartial third party, including those alternative dispute resolution procedures described under this subchapter.(b)  The court shall confer with the parties in the determination of the most appropriate alternative dispute resolution procedure.(c)  Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.Amended by: Acts 2009, 81st Leg., R.S., Ch. 621 (H.B. 1083), Sec. 1, eff. June 19, 2009.|
TX Civ Prac & Rem Code § 154.022 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.022. Notification and Objection

Sec. 154.022.  NOTIFICATION AND OBJECTION.  (a)  If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination.(b)  Any party may, within 10 days after receiving the notice under Subsection (a), file a written objection to the referral.(c)  If the court finds that there is a reasonable basis for an objection filed under Subsection (b), the court may not refer the dispute under Section 154.021.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.023 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.023. Mediation

Sec. 154.023.  MEDIATION.  (a)  Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.(b)  A mediator may not impose his own judgment on the issues for that of the parties.(c)  Mediation includes victim-offender mediation by the Texas Department of Criminal Justice described in Article 56A.602, Code of Criminal Procedure.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.  Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 12, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.03, eff. January 1, 2021.|
TX Civ Prac & Rem Code § 154.024 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.024. Mini-Trial

Sec. 154.024.  MINI-TRIAL.  (a)  A mini-trial is conducted under an agreement of the parties.(b)  Each party and counsel for the party present the position of the party, either before selected representatives for each party or before an impartial third party, to define the issues and develop a basis for realistic settlement negotiations.(c)  The impartial third party may issue an advisory opinion regarding the merits of the case.(d)  The advisory opinion is not binding on the parties unless the parties agree that it is binding and enter into a written settlement agreement.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.025 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.025. Moderated Settlement Conference

Sec. 154.025.  MODERATED SETTLEMENT CONFERENCE.  (a)  A moderated settlement conference is a forum for case evaluation and realistic settlement negotiations.(b)  Each party and counsel for the party present the position of the party before a panel of impartial third parties.(c)  The panel may issue an advisory opinion regarding the liability or damages of the parties or both.(d)  The advisory opinion is not binding on the parties.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.026 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.026. Summary Jury Trial

Sec. 154.026.  SUMMARY JURY TRIAL.  (a)  A summary jury trial is a forum for early case evaluation and development of realistic settlement negotiations.(b)  Each party and counsel for the party present the position of the party before a panel of jurors.(c)  The number of jurors on the panel is six unless the parties agree otherwise.(d)  The panel may issue an advisory opinion regarding the liability or damages of the parties or both.(e)  The advisory opinion is not binding on the parties.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.027 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter B. Alternative Dispute Resolution Procedures|Section 154.027. Arbitration

Sec. 154.027.  ARBITRATION.  (a)  Nonbinding arbitration is a forum in which each party and counsel for the party present the position of the party before an impartial third party, who renders a specific award.(b)  If the parties stipulate in advance, the award is binding and is enforceable in the same manner as any contract obligation.  If the parties do not stipulate in advance that the award is binding, the award is not binding and serves only as a basis for the parties' further settlement negotiations.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|
TX Civ Prac & Rem Code § 154.051 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 7 - Alternate Methods of Dispute Resolution|Chapter 154 - Alternative Dispute Resolution Procedures|Subchapter C. Impartial Third Parties|Section 154.051. Appointment of Impartial Third Parties

Sec. 154.051.  APPOINTMENT OF IMPARTIAL THIRD PARTIES.  (a)  If a court refers a pending dispute for resolution by an alternative dispute resolution procedure under Section 154.021, the court may appoint an impartial third party to facilitate the procedure.(b)  The court may appoint a third party who is agreed on by the parties if the person qualifies for appointment under this subchapter.(c)  The court may appoint more than one third party under this section.|Added by Acts 1987, 70th Leg., ch. 1121, Sec. 1, eff. June 20, 1987.|