reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.0035. Venue and Choice of Law

Sec. 143A.0035.  VENUE AND CHOICE OF LAW.  Notwithstanding any other law, any contract, or any venue, forum selection, or choice-of-law provision in a contract, an action brought under this chapter against a social media platform shall be brought and maintained in a court in this state, and the law of this state applies to the action.
Added by Acts 2023, 88th Leg., R.S., Ch. 289 (S.B. 1602), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.004. Applicability of Chapter

Sec. 143A.004.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a user who:
(1)  resides in this state;
(2)  does business in this state; or
(3)  shares or receives expression in this state.
(b)  This chapter applies only to expression that is shared or received in this state.
(c)  This chapter applies only to a social media platform that functionally has more than 50 million active users in the United States in a calendar month.
(d)  This chapter applies to the maximum extent permitted by the United States Constitution and the laws of the United States but no further than the maximum extent permitted by the United States Constitution and the laws of the United States.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.005. Limitation on Effect of Chapter

Sec. 143A.005.  LIMITATION ON EFFECT OF CHAPTER.  This chapter does not subject a social media platform to damages or other legal remedies to the extent the social media platform is protected from those remedies under federal law.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.006. Construction of Chapter

Sec. 143A.006.  CONSTRUCTION OF CHAPTER.  (a)  This chapter does not prohibit a social media platform from censoring expression that:
(1)  the social media platform is specifically authorized to censor by federal law;
(2)  is the subject of a referral or request from an organization with the purpose of  preventing the sexual exploitation of children and protecting survivors of sexual abuse from ongoing harassment;
(3)  directly incites criminal activity or consists of specific threats of violence targeted against a person or group because of their race, color, disability, religion, national origin or ancestry, age, sex, or status as a peace officer or judge; or
(4)  is unlawful expression.
(b)  This chapter may not be construed to prohibit or restrict a social media platform from authorizing or facilitating a user's ability to censor specific expression on the user's platform or page at the request of that user.
(c)  This chapter may not be construed to limit or expand intellectual property law.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.007. User Remedies

Sec. 143A.007.  USER REMEDIES.  (a)  A user may bring an action against a social media platform that violates this chapter with respect to the user.
(b)  If the user proves that the social media platform violated this chapter with respect to the user, the user is entitled to recover:
(1)  declaratory relief under Chapter 37, including costs and reasonable and necessary attorney's fees under Section 37.009; and
(2)  injunctive relief.
(c)  If a social media platform fails to promptly comply with a court order in an action brought under this section, the court shall hold the social media platform in contempt and shall use all lawful measures to secure immediate compliance with the order, including daily penalties sufficient to secure immediate compliance.
(d)  A user may bring an action under this section regardless of whether another court has enjoined the attorney general from enforcing this chapter or declared any provision of this chapter unconstitutional unless that court decision is binding on the court in which the action is brought.
(e)  Nonmutual issue preclusion and nonmutual claim preclusion are not defenses to an action brought under this section.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 143A - Discourse on Social Media Platforms › Section 143A.008. Action by Attorney General

Sec. 143A.008.  ACTION BY ATTORNEY GENERAL.  (a)  Any person may notify the attorney general of a violation or potential violation of this chapter by a social media platform.
(b)  The attorney general may bring an action to enjoin a violation or a potential violation of this chapter.  If the injunction is granted, the attorney general may recover costs and reasonable attorney's fees incurred in bringing the action and reasonable investigative costs incurred in relation to the action.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 144 - Destruction of Certain Records › Section 144.001. Definitions

Sec. 144.001.  DEFINITIONS.  In this chapter:
(1)  "Former mental health patient" means an individual who:
(A)  between January 1, 1986, and December 31, 1993, was admitted to a mental health facility that has pled guilty, or whose parent or affiliate corporation has so pled, to unlawfully conspiring to offer and pay remuneration to any person to induce that person to refer individuals for services to a mental health facility;  and
(B)  has been released from that mental health facility;  but
(C)  was not admitted to the facility on the basis of a court proceeding that included a commitment hearing that was on the record.
(2)  "Record" means a medical record:
(A)  that a federal statute or regulation does not require to be retained, maintained, or preserved;  or
(B)  for which the requirement under a federal statute or regulation to retain, maintain, or preserve the record has expired.
(3)  "Court" means a district or statutory probate court.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 144 - Destruction of Certain Records › Section 144.005. Court Records Concerning Order

Sec. 144.005.  COURT RECORDS CONCERNING ORDER.  The court shall seal records concerning an order issued under this chapter and ensure that the court's records are not open for inspection by any person except the former mental patient or on further order of the court after notice to the former mental patient and a finding of good cause.  The institution of a suit or bringing of a claim by or on behalf of the former mental patient or the former patient's assignee or insurer constitutes good cause.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 144 - Destruction of Certain Records › Section 144.006. Collateral Effects of Order

Sec. 144.006.  COLLATERAL EFFECTS OF ORDER.  (a)  A former mental health patient who successfully petitions for an order under this chapter and a facility or health care provider, or the owner, operator, parent, or affiliate of a facility or health care provider, that is subject to an order under this chapter may deny:
(1)  the existence of any record subject to the order;
(2)  the existence of the order itself;
(3)  the occurrence of the former mental patient's admission to a mental health facility if the records of the admission are subject to the order;  and
(4)  the occurrence of any treatment related to the admission if the records of the admission are subject to the order.
(b)  A former mental health patient who makes a denial under Subsection (a) or a facility or health care provider, or the owner, operator, parent, or affiliate of a facility or health care provider, that is subject to an order under this chapter and that makes a denial under Subsection (a) is not liable for a civil or criminal penalty for perjury.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 144 - Destruction of Certain Records › Section 144.007. Limitation on Certain Lawsuits

Sec. 144.007.  LIMITATION ON CERTAIN LAWSUITS.  (a)  Except as provided by Subsection (b), a former mental patient who successfully petitions a court for an order under this chapter or a person acting on the former mental patient's behalf may not file an action against a facility or health care provider, or the owner, operator, parent, or affiliate of a facility or health care provider, related to an event or activity that formed the basis of a record subject to the court's order.
(b)  A juvenile former mental health patient whose records have been sealed under this chapter may file an action or complaint at any time before the records have been destroyed under Section 144.002(c).
(c)  A finding made under this chapter is not admissible against any party in litigation to establish liability for damages, expenses, or other relief as an alleged result of any treatment or admission.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 144 - Destruction of Certain Records › Section 144.008. Disclosure of Information Subject to Order; Penalty

Sec. 144.008.  DISCLOSURE OF INFORMATION SUBJECT TO ORDER;  PENALTY.  (a)  A person commits an offense if the person:
(1)  knows of a former mental patient's admission to a mental health facility;
(2)  knows of a court order issued under this chapter that relates to that admission;  and
(3)  intentionally releases, disseminates, or publishes a record or index reference subject to that order.
(b)  A person commits an offense if the person:
(1)  knowingly fails to delete, seal, destroy, or present to the court a record or index reference subject to an order issued under this chapter;  and
(2)  knows or should know that the record or index reference is subject to that order.
(c)  An offense under this chapter is a Class B misdemeanor.
(d)  This chapter does not prohibit an attorney or insurer of a provider or patient from retaining or communicating confidentially about a privileged document as necessary to provide legal advice regarding an actual or potential claim or issue.  The document or communication remains privileged and not subject to a subpoena.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 144 - Destruction of Certain Records › Section 144.009. Applicability of Other Law

Sec. 144.009.  APPLICABILITY OF OTHER LAW.  This chapter supersedes other state law regarding the retention or destruction of patient records.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 145 - Liability for Negligent Hiring by In-Home Service Companies and Residential Delivery Companies › Section 145.001. Definitions

Sec. 145.001.  DEFINITIONS.  In this chapter:
(1)  "In-home service company" means a person who employs a person to enter another person's residence and for a fee repair:
(A)  an appliance;
(B)  the residence's heating, air-conditioning, and ventilation system;
(C)  the residence's plumbing system;  or
(D)  the residence's electrical system.
(1-a)  "Residence" means a person's principal or ordinary home or dwelling place and includes:
(A)  any garage that is attached to the home or dwelling place; and
(B)  any construction area that is attached to and accessible from the inhabited area or the attached garage of the home or dwelling place.
(2)  "Residential delivery company" means a person who employs a person to, for a fee:
(A)  deliver an item to another person's residence;  and
(B)  enter the residence to place, assemble, or install the item.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 145 - Liability for Negligent Hiring by In-Home Service Companies and Residential Delivery Companies › Section 145.0015. Short Title

Sec. 145.0015.  SHORT TITLE.  This chapter may be cited as the Sue Weaver Act.
Added by Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 145 - Liability for Negligent Hiring by In-Home Service Companies and Residential Delivery Companies › Section 145.002. Criminal History Background Check

Sec. 145.002.  CRIMINAL HISTORY BACKGROUND CHECK.  Before associating with or hiring an officer, employee, or prospective employee in a position whose duties include entry into another person's residence, an in-home service company or residential delivery company shall:
(1)  obtain from the Department of Public Safety or a private vendor all criminal history record information relating to an officer, employee, or prospective employee; or
(2)  ascertain that the person holds in good standing an occupational license issued by a licensing authority in this state that has, before issuing or renewing the license, performed a criminal history background check.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 145 - Liability for Negligent Hiring by In-Home Service Companies and Residential Delivery Companies › Section 145.003. Presumption of No Negligence

Sec. 145.003.  PRESUMPTION OF NO NEGLIGENCE.  (a)  This section applies only to an action against an in-home service company or residential delivery company that:
(1)  arises out of a criminal act or omission by an officer or employee of the company as to whom the company has obtained criminal history record information under Section 145.002(1);
(2)  is brought by or on behalf of a person whose home the officer or employee entered while in the performance of the employee's job duties, without regard to where the criminal act or omission occurred; and
(3)  seeks damages from the company for the negligent hiring of the officer or employee.
(b)  In an action to which this section applies, an in-home service company or residential delivery company is rebuttably presumed to have not acted negligently if:
(1)  at the time a person was hired, the company obtained criminal history record information regarding the officer or employee under Section 145.002(1); and
(2)  the criminal history record information shows that, in the 20 years preceding the date the information was obtained for a felony or in the 10 years preceding the date the information was obtained for a Class A or Class B misdemeanor, the officer or employee had not been convicted of, or placed on deferred adjudication for:
(A)  an offense in this state classified as:
(i)  an offense against the person or the family;
(ii)  an offense against property; or
(iii)  public indecency; or
(B)  an offense in another jurisdiction that would be classified in a category described by Paragraph (A) if the offense had occurred in this state.
(c)  A residential delivery company or an in-home service company that sends two or more employees together into a residence shall be deemed to have complied with the requirement in Section 145.002 as long as at least one of those employees has been checked as described in Section 145.002 and, while they are in the residence, that employee accompanies and directly supervises any employee who has not been checked, and the residential delivery company or in-home service company maintains a record of the identity of any such nonchecked employee for at least two years.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 145 - Liability for Negligent Hiring by In-Home Service Companies and Residential Delivery Companies › Section 145.004. Presumption of No Negligence for Persons Utilizing a Residential Delivery Company or In-Home Service Company

Sec. 145.004.  PRESUMPTION OF NO NEGLIGENCE FOR PERSONS UTILIZING A RESIDENTIAL DELIVERY COMPANY OR IN-HOME SERVICE COMPANY.  A person who contracts with a residential delivery company to deliver an item or who contracts with an in-home service company to place, assemble, repair, or install an item referred to in Section 145.001(1), is rebuttably presumed to have not acted negligently in doing so if:
(1)  the residential delivery company or in-home service company is in compliance with Section 145.003(b);  or
(2)  the person who contracts with the residential delivery company or in-home service company requests that the company obtain a criminal history background check described by Section 145.002 on any employee of the company being sent to deliver, place, assemble, repair, or install an item and the person's request is in writing and is delivered to the company prior to the company's employee being sent.  A copy of any such request shall be maintained for at least two years.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 146 - Certain Claims by Health Care Service Providers Barred › Section 146.001. Definitions

Sec. 146.001.  DEFINITIONS.  In this chapter:
(1)  "Health benefit plan" means a plan or arrangement under which medical or surgical expenses are paid for or reimbursed or health care services are arranged for or provided.  The term includes:
(A)  an individual, group, blanket, or franchise insurance policy, insurance agreement, or group hospital service contract;
(B)  an evidence of coverage or group subscriber contract issued by a health maintenance organization or an approved nonprofit health corporation;
(C)  a benefit plan provided by a multiple employer welfare arrangement or another analogous benefit arrangement;
(D)  a workers' compensation insurance policy;  or
(E)  a motor vehicle insurance policy, to the extent the policy provides personal injury protection or medical payments coverage.
(2)  "Health care service provider" means a person who, under a license or other grant of authority issued by this state, provides health care services the costs of which may be paid for or reimbursed under a health benefit plan.
Added by Acts 1999, 76th Leg., ch. 650, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 146 - Certain Claims by Health Care Service Providers Barred › Section 146.002. Timely Billing Required

Sec. 146.002.  TIMELY BILLING REQUIRED.  (a)  Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the patient not later than the first day of the 11th month after the date the services are provided.
(b)  If the health care service provider is required or authorized to directly bill the issuer of a health benefit plan for services provided to a patient, the health care service provider shall bill the issuer of the plan not later than:
(1)  the date required under any contract between the health care service provider and the issuer of the health benefit plan;  or
(2)  if there is no contract between the health care service provider and the issuer of the health benefit plan, the first day of the 11th month after the date the services are provided.
(c)  If the health care service provider is required or authorized to directly bill a third party payor operating under federal or state law, including Medicare and the state Medicaid program, the health care service provider shall bill the third party payor not later than:
(1)  the date required under any contract between the health care service provider and the third party payor or the date required by federal regulation or state rule, as applicable;  or
(2)  if there is no contract between the health care service provider and the third party payor and there is no applicable federal regulation or state rule, the first day of the 11th month after the date the services are provided.
(d)  For purposes of this section, the date of billing is the date on which the health care service provider's bill is:
(1)  mailed to the patient or responsible person, postage prepaid, at the address of the patient or responsible person as shown on the health care service provider's records;  or
(2)  mailed or otherwise submitted to the issuer of the health benefit plan or third party payor as required by the health benefit plan or third party payor.
Added by Acts 1999, 76th Leg., ch. 650, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 146 - Certain Claims by Health Care Service Providers Barred › Section 146.003. Certain Claims Barred

Sec. 146.003.  CERTAIN CLAIMS BARRED.  (a)  A health care service provider who violates Section 146.002 may not recover from the patient any amount that the patient would have been entitled to receive as payment or reimbursement under a health benefit plan or that the patient would not otherwise have been obligated to pay had the provider complied with Section 146.002.
(b)  If recovery from a patient is barred under this section, the health care service provider may not recover from any other individual who, because of a family or other personal relationship with the patient, would otherwise be responsible for the debt.
Added by Acts 1999, 76th Leg., ch. 650, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 146 - Certain Claims by Health Care Service Providers Barred › Section 146.004. Disciplinary Action Not Authorized

Sec. 146.004.  DISCIPLINARY ACTION NOT AUTHORIZED.  A health care service provider who violates this chapter is not subject to disciplinary action for the violation under any other law, including the law under which the health care service provider is licensed or otherwise holds a grant of authority.
Added by Acts 1999, 76th Leg., ch. 650, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.001. Definitions

Sec. 147.001.  DEFINITIONS.  In this chapter:
(1)  "Action" means a cause of action to which this chapter applies.
(2)  "Claimant" means a party seeking recovery of damages or other relief, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff.
(3)  "Computer product" means a computer, computer network, computer program, computer software, computer system, microprocessor, embedded computer chip, semiconductor device, any component of any of those items, or a product that includes any of those items as a component of the product.
(4)  "Computer service product" means the product of the use of a computer, including uses related to data processing and storage.  The term includes information stored in the computer by personnel supporting the computer.
(5)  "Defendant" means a party from whom a claimant seeks recovery of damages or other relief, including a counterdefendant, cross-defendant, or third-party defendant.
(6)  "Good faith" means honesty in fact in the conduct or transaction concerned.
(7)  "Recent consumer product" means a mass-marketed computer product, intended by the seller to be used for personal, family, or household purposes or by small businesses, that will manifest a computer date failure during its normal use and was last offered for sale by the manufacturer after January 1, 1997, and in the case of software, was offered for a retail price of $300 or less.  The term does not include customized products.
(8)  "Small business" means a legal entity, including a sole proprietorship, that:
(A)  is formed for the purpose of making a profit;
(B)  is independently owned and operated;  and
(C)  has fewer than 100 employees or less than $1 million in annual gross receipts.
(9)  "Year 2000 Project Office website" means the Texas Year 2000 Project Office website administered by the Department of Information Resources.  The Internet address of the website is www.dir.state.tx.us/y2k.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.002. Action for Computer Date Failure

Sec. 147.002.  ACTION FOR COMPUTER DATE FAILURE.  Subject to Section 147.004 and regardless of the legal theory, statute, or cause of action on which the action is based, including an action based in tort, contract, or breach of an express or implied warranty, this chapter applies only to an action in which a claimant seeks recovery of damages or any other relief for harm caused by:
(1)  a computer date failure as described by Section 147.003;  or
(2)  the failure to properly detect, disclose, prevent, report, correct, cure, or remediate a computer date failure as described by Section 147.003.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.003. Computer Date Failure

Sec. 147.003.  COMPUTER DATE FAILURE.  A computer date failure is the inability to correctly process, recognize, store, receive, transmit, or in any way use date data:
(1)  referring to the year 2000 or affected by the transition between the 20th and 21st century or between 1999 and 2000;  or
(2)  with years expressed in a two-digit or four-digit format.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.004. Applicability

Sec. 147.004.  APPLICABILITY.  This chapter does not apply to an action:
(1)  for death or bodily injury;
(2)  to collect workers' compensation benefits under the workers' compensation laws of this state;  or
(3)  to enforce the terms of a written agreement, or to seek contractual remedies for breach of a written agreement, that specifically provides for liability and damages for a computer date failure.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.005. Duty or Action Not Created

Sec. 147.005.  DUTY OR ACTION NOT CREATED.  (a)  This chapter does not create a duty.
(b)  This chapter does not create a cause of action.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.006. Immunity Not Affected

Sec. 147.006.  IMMUNITY NOT AFFECTED.  This chapter does not expand or limit the immunity of a person under any other law or statute providing immunity.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.007. Insurance Coverage Not Affected

Sec. 147.007.  INSURANCE COVERAGE NOT AFFECTED.  This chapter does not affect the coverage or benefits of parties under a contract of insurance.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.008. Sovereign Immunity Not Waived

Sec. 147.008.  SOVEREIGN IMMUNITY NOT WAIVED.  This chapter does not waive any immunity of the state or of a political subdivision of the state or any employee or officer thereof.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 147 - Year 2000 Computer Date Failure › Subchapter A. General Provisions › Section 147.009. Manufacturer's Duty to Indemnify

Sec. 147.009.  MANUFACTURER'S DUTY TO INDEMNIFY.  This chapter does not relieve a manufacturer from the obligation, if any, to indemnify a seller for losses arising out of a product liability action for property damage under Section 82.002, subject to any defenses the manufacturer could have asserted at the time the action was filed.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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 147.041. Limitations Period

Sec. 147.041.  LIMITATIONS PERIOD.  (a)  An action must be brought not later than two years after the date the computer date failure first caused the harm that is the subject matter of the action.
(b)  This section does not extend the limitations period within which an action for harm caused by a computer date failure may be commenced under any other law or revive a claim that is barred by the operation of any other law.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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 147.042. Repose

Sec. 147.042.  REPOSE.  (a)  Except as provided by Subsection (b), a claimant must commence an action against a manufacturer or seller of a computer product or computer service product before the end of 15 years after the date of the sale by the defendant.  If the computer product which caused the computer date failure is a component of another product and if the product and computer product were sold at different times, the 15-year period begins to run on the date the defendant sold the computer product.
(b)  If a manufacturer or seller expressly represented that the computer product or computer service product would not manifest the computer date failure, this section does not apply.
(c)  This section does not reduce a limitations period that applies to an action that accrues before the end of the limitations period under this section.
(d)  This section does not extend the limitations period within which an action may be commenced under any other law.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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 147.043. Disability

Sec. 147.043.  DISABILITY.  Section 16.001 applies to the periods of limitation and repose established by this subchapter.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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 147.044. Notice

Sec. 147.044.  NOTICE.  (a)  A claimant may not commence an action unless the claimant gave notice to the defendant before the 60th day preceding the date the action commences.
(b)  If the 60-day notice requirement under Subsection (a) would prevent commencing the action before the expiration of the period of limitation or repose, the claimant must give notice to the defendant before the 31st day after the date the action commences.
(c)  If the action is a counterclaim, cross-claim, or third-party action, the claimant must give notice to the defendant before the 31st day after the date of service on the defendant.
(d)  The notice must:
(1)  be in writing;
(2)  identify the claimant;
(3)  describe in reasonable detail the computer date failure and the harm caused by the failure;  and
(4)  include a specific statement of the amount of the damages claimed or the remedy sought.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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 147.045. Notice Stays Proceedings

Sec. 147.045.  NOTICE STAYS PROCEEDINGS.  All proceedings in the action are stayed for 60 days following the date the defendant received the notice under Section 147.044.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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 147.046. Failure to Give Notice

Sec. 147.046.  FAILURE TO GIVE NOTICE.  (a)  On motion of the defendant that the claimant did not give the notice under Section 147.044, the court shall:
(1)  abate the action;  and
(2)  require the claimant to give the notice before the 31st day after the date of the order of abatement.
(b)  The court shall dismiss the claimant's action if the claimant does not give notice as required by Subsection (a)(2).
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.