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

Tex. Insurance Code § 541.154: PRIOR NOTICE OF ACTION.

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Where this section sits in the code
  1. INSURANCE CODE
  2. TITLE 5. PROTECTION OF CONSUMER INTERESTS
  3. SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES
  4. CHAPTER 541. UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES
  5. SUBCHAPTER D. PRIVATE ACTION FOR DAMAGES

(a) A person seeking damages in an action against another person under this subchapter must provide written notice to the other person not later than the 61st day before the date the action is filed.

(b) The notice must advise the other person of:

(1) the specific complaint; and

(2) the amount of actual damages and expenses, including attorney's fees reasonably incurred in asserting the claim against the other person.

(c) The notice is not required if giving notice is impracticable because the action:

(1) must be filed to prevent the statute of limitations from expiring; or

(2) is asserted as a counterclaim.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Collected 2026-08-27T01:47:21Z. Source file · JSON

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