Tex. Bus. & Com. Code Section 17.5052
Offers of Settlement


(a)

A person who receives notice under Section 17.505 (Notice; Inspection) may tender an offer of settlement at any time during the period beginning on the date the notice is received and ending on the 60th day after that date.

(b)

If a mediation under Section 17.5051 (Mediation) is not conducted, the person may tender an offer of settlement at any time during the period beginning on the date an original answer is filed and ending on the 90th day after that date.

(c)

If a mediation under Section 17.5051 (Mediation) is conducted, a person against whom a claim under this subchapter is pending may tender an offer of settlement during the period beginning on the day after the date that the mediation ends and ending on the 20th day after that date.

(d)

An offer of settlement tendered by a person against whom a claim under this subchapter is pending must include an offer to pay the following amounts of money, separately stated:

(1)

an amount of money or other consideration, reduced to its cash value, as settlement of the consumer’s claim for damages; and

(2)

an amount of money to compensate the consumer for the consumer’s reasonable and necessary attorneys’ fees incurred as of the date of the offer.

(e)

Unless both parts of an offer of settlement required under Subsection (d) are accepted by the consumer not later than the 30th day after the date the offer is made, the offer is rejected.

(f)

A settlement offer tendered by a person against whom a claim under this subchapter is pending that complies with this section and that has been rejected by the consumer may be filed with the court with an affidavit certifying its rejection.

(g)

If the court finds that the amount tendered in the settlement offer for damages under Subsection (d)(1) is the same as, substantially the same as, or more than the damages found by the trier of fact, the consumer may not recover as damages 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.

(h)

If the court makes the finding described by Subsection (g), the court shall determine reasonable and necessary attorneys’ fees to compensate the consumer for attorneys’ fees incurred before the date and time of the rejected settlement offer. If the court finds that the amount tendered in the settlement offer to compensate the consumer for attorneys’ fees under Subsection (d)(2) is the same as, substantially the same as, or more than the amount of reasonable and necessary attorneys’ fees incurred by the consumer as of the date of the offer, the consumer may not recover attorneys’ fees greater than the amount of fees tendered in the settlement offer.

(i)

If the court finds that the offering party could not perform the offer at the time the offer was made or that the offering party substantially misrepresented the cash value of the offer, Subsections (g) and (h) do not apply.

(j)

If Subsection (g) does not apply, the court shall award as damages the amount of economic damages and damages for mental anguish found by the trier of fact, subject to Sections 17.50 (Relief for Consumers) and 17.501 (Consumer Protection Division Participation in Class Action). If Subsection (h) does not apply, the court shall award attorneys’ fees as provided by Section 17.50 (Relief for Consumers)(d).

(k)

An offer of settlement is not an admission of engaging in an unlawful act or practice or liability under this subchapter. Except as otherwise provided by this section, an offer or a rejection of an offer may not be offered in evidence at trial for any purpose.
Added by Acts 1995, 74th Leg., ch. 414, Sec. 7, eff. Sept. 1, 1995.

Source: Section 17.5052 — Offers of Settlement, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­17.­htm#17.­5052 (accessed Mar. 23, 2024).

17.01
Definitions
17.08
Private Use of State Seal
17.11
Deceptive Wholesale and Going-out-of-business Advertising
17.12
Deceptive Advertising
17.29
Misusing Container
17.30
Misusing Dairy Container Bearing Proprietary Mark
17.31
Identification, Possession, and Use of Certain Containers
17.41
Short Title
17.42
Waivers: Public Policy
17.43
Cumulative Remedies
17.44
Construction and Application
17.45
Definitions
17.46
Deceptive Trade Practices Unlawful
17.47
Restraining Orders
17.48
Duty of District and County Attorney
17.49
Exemptions
17.50
Relief for Consumers
17.55
Promotional Material
17.56
Venue
17.57
Subpoenas
17.58
Voluntary Compliance
17.59
Post Judgment Relief
17.60
Reports and Examinations
17.61
Civil Investigative Demand
17.62
Penalties
17.63
Application
17.81
Definition
17.82
Prohibited Conduct
17.83
Original Inventory
17.84
Permit
17.85
Deadline for Orders
17.86
Sale Inventory
17.87
Final Inventory
17.88
Disposition of Sale Items
17.89
Later Sales
17.90
Form of Inventory
17.91
Exceptions
17.92
Penalty
17.93
Injunction
17.461
Pyramid Promotional Scheme
17.462
Listing of Business Location of Certain Businesses
17.463
Production, Sale, Distribution, or Promotion of Certain Synthetic Substances
17.464
Unconscionable Price for Care at Emergency Facility
17.501
Consumer Protection Division Participation in Class Action
17.505
Notice
17.506
Damages: Defenses
17.555
Indemnity
17.565
Limitation
17.821
Definitions
17.822
Meat Labeling
17.823
Sale of Nonkosher Food
17.824
Exception
17.825
Civil Remedy
17.826
Penalty
17.835
Notice of Filing of Original Inventory
17.851
Definitions
17.852
Inquiry as to Producer
17.853
Unlawful Acts
17.854
Penalty
17.881
Definitions
17.882
Meat Labeling
17.883
Sale of Nonhalal Food
17.884
Civil Remedy
17.885
Criminal Penalty
17.901
Definitions
17.902
Unauthorized Advertisement, Promotion, or Conduction of Certain Live Musical Performances
17.903
Injunction
17.904
Civil Penalty
17.921
Definitions
17.922
Required Disclosure for Collections Through Public Receptacle
17.923
Required Disclosures for Telephone or Door-to-door Solicitations
17.924
Required Disclosures for Mail Solicitations
17.925
Local Ordinance or Regulation
17.926
Civil Penalty
17.951
Definition
17.952
Bad Faith Claim of Patent Infringement Prohibited
17.953
Enforcement by Attorney General
17.954
Construction of Subchapter
17.955
No Private Cause of Action
17.4625
Price Gouging During Declared Disaster
17.5051
Mediation
17.5052
Offers of Settlement

Accessed:
Mar. 23, 2024

§ 17.5052’s source at texas​.gov