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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Civil Practice and Remedies Code § 42.001: DEFINITIONS.

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Where this section sits in the code
  1. CIVIL PRACTICE AND REMEDIES CODE
  2. TITLE 2. TRIAL, JUDGMENT, AND APPEAL
  3. SUBTITLE C. JUDGMENTS
  4. CHAPTER 42. SETTLEMENT

In this chapter:

(1) "Claim" means a request, including a counterclaim, cross-claim, or third-party claim, to recover monetary damages.

(2) "Claimant" means a person making a claim.

(3) "Defendant" means a person from whom a claimant seeks recovery on a claim, including a counterdefendant, cross-defendant, or third-party defendant.

(4) "Governmental unit" means the state, a unit of state government, or a political subdivision of this state.

(5) "Litigation costs" means money actually spent and obligations actually incurred that are directly related to the action in which a settlement offer is made. The term includes:

(A) court costs;

(B) reasonable deposition costs;

(C) reasonable fees for not more than two testifying expert witnesses; and

(D) reasonable attorney's fees.

(6) "Settlement offer" means an offer to settle or compromise a claim made in compliance with Section 42.003.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.01, eff. September 1, 2011.

Collected 2026-08-27T01:47:00Z. Source file · JSON

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